The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia
This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following impli...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Sriwijaya University
2024-01-01
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| Series: | Sriwijaya Law Review |
| Subjects: | |
| Online Access: | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2750 |
| _version_ | 1797279590962429952 |
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| author | Siti Kunarti Nur Putri Hidayah Hariyanto Hariyanto Muhammad Bahrul Ulum |
| author_facet | Siti Kunarti Nur Putri Hidayah Hariyanto Hariyanto Muhammad Bahrul Ulum |
| author_sort | Siti Kunarti |
| collection | DOAJ |
| description | This research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm. |
| first_indexed | 2024-03-07T16:28:19Z |
| format | Article |
| id | doaj.art-22f2344b13c8484b90b9dd94e55deaca |
| institution | Directory Open Access Journal |
| issn | 2541-5298 2541-6464 |
| language | English |
| last_indexed | 2024-03-07T16:28:19Z |
| publishDate | 2024-01-01 |
| publisher | Sriwijaya University |
| record_format | Article |
| series | Sriwijaya Law Review |
| spelling | doaj.art-22f2344b13c8484b90b9dd94e55deaca2024-03-03T14:28:38ZengSriwijaya UniversitySriwijaya Law Review2541-52982541-64642024-01-018111910.28946/slrev.Vol8.Iss1.2750.pp1-19633The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in IndonesiaSiti Kunarti0Nur Putri Hidayah1Hariyanto Hariyanto2Muhammad Bahrul Ulum3University of Jenderal Soedirman, IndonesiaUniversitas Muhammadiyah Malang, IndonesiaUniversitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto, IndonesiaSchool of Law, Queensland University of Technology, AustraliaThis research aimed to analyse where the legal politics concerning outsourcing in Indonesia's legal system by scrutinizing its regulation in Book III of the Civil Code and enforcement of the Government Regulation in lieu of Law concerning Job Creation Law Number 6/2023, with its following implication to protect workers at the national level. This research employed doctrinal legal research on legal instruments related to outsourcing with statutory, conceptual, and historical approaches. The research showed that legal politics concerning outsourcing had experienced dynamic congruence with the political configuration when the legislative product on outsourcing was made. The differences emerge where outsourcing is not restricted to certain occupations in Book III of the Civil Code of Indonesia. However, Law Number 13/2003 restricted the definition of outsourcing to occupations not related to core businesses. Law Number 11/2020 and Government Regulation Number 35/2021 fit employers. Both laws govern the legal protection for outsourced employees with the transfer of undertaking to protect employment regarding changing vendors with the condition that the jobs are still available. Meanwhile, the type of work outsourced is unlimited, resulting in a deficit compared to the previous norm.http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2750legal politicsoutsourcingindonesia |
| spellingShingle | Siti Kunarti Nur Putri Hidayah Hariyanto Hariyanto Muhammad Bahrul Ulum The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia Sriwijaya Law Review legal politics outsourcing indonesia |
| title | The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia |
| title_full | The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia |
| title_fullStr | The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia |
| title_full_unstemmed | The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia |
| title_short | The Legal Politics of Outsourcing and Its Implication for the Protection of Workers in Indonesia |
| title_sort | legal politics of outsourcing and its implication for the protection of workers in indonesia |
| topic | legal politics outsourcing indonesia |
| url | http://journal.fh.unsri.ac.id/index.php/sriwijayalawreview/article/view/2750 |
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