SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum
Vol. 5 No. 4 (2026): SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum, Agustus 2026

Kemitraan Semu sebagai Bentuk Misclassification Hubungan Kerja: Analisis Yuridis terhadap Penyimpangan Perlindungan Tenaga Kerja di Indonesia

Madania Qaulani Az-Zahra (Madania Qaulani Az-Zahra1)
Nur Hidayati Setyani (Universitas Islam Negeri Walisongo Semarang)
Tri Nurhayati (Universitas Islam Negeri Walisongo Semarang)



Article Info

Publish Date
26 Aug 2026

Abstract

Partnership arrangements in Indonesia's industrial relations landscape have frequently been weaponized as instruments of legal evasion (fraus legis), concealing subordinate employment relationships behind formally valid contractual structures. This study examines that phenomenon through a case study of the Cooperation Agreement (PKS) between PT HEJ as service user and PT DWP as driver labor supplier, signed on February 6, 2023, for a three-year period. Although the PKS explicitly declared the relationship to be neither an employment relationship nor outsourcing, investigation by the Tangerang Regency Manpower Office (Dinas Ketenagakerjaan) revealed that PT HEJ in practice issued direct daily work instructions, set operational schedules, enforced standard operating procedures, unilaterally altered the wage system from per-trip payments to a fixed monthly salary, and supervised drivers directly. Since the three cumulative elements of an employment relationship namely work, wages, and commands under Article 1 paragraph 15 of Law No. 13 of 2003 as amended by Law No. 6 of 2023 on Job Creation were satisfied, the relationship must be legally classified as employment. This study employs a sociological-juridical method with descriptive-analytical specifications. Data were collected through in-depth interviews with PT HEJ management, PT DWP's Director, driver-workers, and the Manpower Office mediator, supplemented by document analysis of the PKS and PKWT. Findings confirm that the PKS constitutes a pseudo-partnership embodying fraus legis, and that PT HEJ's unilateral wage amendment constitutes breach of contract in violation of Article 54 paragraph (2) of the Manpower Law and Article 8 of Government Regulation No. 35 of 2021. Mediation facilitated by the Manpower Office produced a Collective Agreement dated January 13, 2026, which converted the relationship into a lawful outsourcing arrangement with PKWTT status recognized for all drivers. The study concludes that the Job Creation Law lacks sufficiently explicit provisions against disguised partnerships, necessitating stronger regulation and proactive oversight to protect workers' normative rights.

Copyrights © 2026






Journal Info

Abbrev

seikat

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

SEIKAT: Jurnal Ilmu Sosial, Politik dan Hukum (SJISPH) is an open access, and peer-reviewed journal, with the online registered number E-ISSN 2964-0962. Our main goal is to disseminate current and original articles from researchers and practitioners on various contemporary social, political and law ...