Yudi Rijali Muslim, . (2023) ANALISIS YURIDIS TERHADAP UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 6 TAHUN 2023 TENTANG PERPU CIPTA KERJA MENJADI UNDANG-UNDANG TERHADAP SISTEM KERJA ALIH DAYA ATAU OUTSORSING. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
The Proclamation of Independence became a new beginning for the establishment of an independent and sovereign Indonesian State, which has the right to maintain its sovereignty, its natural wealth, and, its human resources freely and independently. That the economic system is determined through a people-based to achieve prosperity itself. It is not the economic system that stands with the interests of investors or foreign economies, that have intentions to take over Indonesia's natural wealth. If that happens, the policymakers are involved in the betrayal of the proclamation's purposes. Whereas the protection of laborers/workers themselves is the fulfillment of the necessities of life and an increase in welfare. To make it easier to strive for increased welfare. To make it easier to fight for increased welfare, this can be done through a forum, namely the labor union. Through labor unions, workers can exercise their right to associate, optimal use of the right to associate will be able to improve the bargaining position of workers. Legal protection for outsourced workers or outsourcing as a result of the enactment of Law of the Republic of Indonesia No. 6 of 2023 concerning Job Creation becomes a law. Legal certainty in preventive protection of Outsourcing Workers; at least, there are several important points in providing legal protection for outsourced workers including the principle of legal certainty both in terms of the elements and meaning of the principle of legal certainty, which can be explained as follows. First, one of the elements of legal certainty is regarding the legal position of the legal subject and object in the implementation of administrative law. The formation of Legislation explains that each statutory regulation contains or reflects the principle of legal certainty, that is every legal regulation must be able to create order in society through guaranteed legal certainty. Structural changes in business management by reducing the span of management control so that it is more effective, efficient, and productive has led to a tendency for a system as known as an outsourcing system, which is carried out by contracting out one part or several parts of a company's activities that were initially managed by themselves to another company which is then called the player company. So far, the practice of outsourcing has been mostly carried out to reduce labor costs with protection and working conditions that are provided far below what should be given, so that it is detrimental to workers/labor. Provisions on outsourcing do not provide legal protection for workers and their families. Even the provision for outsourcing labor violates human rights in terms of the right to work and a decent life (Ecosoc Rights). Constitutionally, the state in this case also violates the constitutional rights of its citizens in terms of fulfilling the right to get a job and a decent living to achieve an adequate degree of welfare. Legal protection for outsourced workers regulated in the Job Creation Law, the President and the DPR as legislators can review it again and in the future, the law can be revised as a basis for revising the DPR can review and consider as the decision of the Constitutional Court to revise Law No. 6 of 2023 concerning the Establishment of the Job Creation PERPU so that it can provide good legal protection to workers. Employer companies and service providers must build good partnerships to be able to improve the welfare of workers in the company to create a harmonious atmosphere that can increase work effectiveness and productivity. The government, in this case, the Legislature and Executive, must continue to improve its function as a supervisor in industrial relations to prevent violations and protect worker/laborer rights. providing legal certainty, regulations, and rules is the main thing, the fulfillment of rights and obligations for workers and companies to create a harmonious relationship in the survival of the nation and state. Then, the outsourcing job system should be abolished if in practice there is often abuse by individuals or institutions who use this system to gain personal gain so that it is prone to discrimination and does not fulfill a sense of justice for the workers or the workers themselves
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2110622066 [Pembimbing : Imam Haryanto] [Ketua Penguji : Iwan Erar Joesoef] [Penguji 1 : Atiek Winanti] [Penguji 2 : Imam Haryanto] |
| Uncontrolled Keywords: | Justice, Job Creation and Outsourcing Workers |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | Yudi Rijali Muslim |
| Date Deposited: | 20 Sep 2023 06:28 |
| Last Modified: | 21 Sep 2023 04:09 |
| URI: | http://repository.upnvj.ac.id/id/eprint/27152 |
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