Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency?
This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of thi...
| Main Authors: | , , , , |
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| Format: | Article |
| Language: | English |
| Published: |
Universitas Negeri Semarang
2023-11-01
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| Series: | JILS (Journal of Indonesian Legal Studies) |
| Subjects: | |
| Online Access: | https://journal.unnes.ac.id/sju/jils/article/view/66507 |
| _version_ | 1797245457352622080 |
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| author | I Dewa Gede Palguna Ita Nurjanah Ni Komang Tari Padmawati I Komang Dananjaya I Made Halmadiningrat |
| author_facet | I Dewa Gede Palguna Ita Nurjanah Ni Komang Tari Padmawati I Komang Dananjaya I Made Halmadiningrat |
| author_sort | I Dewa Gede Palguna |
| collection | DOAJ |
| description | This article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met. |
| first_indexed | 2024-04-24T19:27:12Z |
| format | Article |
| id | doaj.art-fa7ea10f832f4bfea53ea6239942d00f |
| institution | Directory Open Access Journal |
| issn | 2548-1584 2548-1592 |
| language | English |
| last_indexed | 2024-04-24T19:27:12Z |
| publishDate | 2023-11-01 |
| publisher | Universitas Negeri Semarang |
| record_format | Article |
| series | JILS (Journal of Indonesian Legal Studies) |
| spelling | doaj.art-fa7ea10f832f4bfea53ea6239942d00f2024-03-25T14:47:34ZengUniversitas Negeri SemarangJILS (Journal of Indonesian Legal Studies)2548-15842548-15922023-11-018240545210.15294/jils.v8i2.6650766507Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency?I Dewa Gede Palguna0Ita Nurjanah1Ni Komang Tari Padmawati2I Komang Dananjaya3I Made Halmadiningrat4Faculty of Law, Universitas UdayanaFaculty of International Relations, Tokyo International UniversityFaculty of Law, Universitas UdayanaFaculty of Law, Universitas UdayanaFaculty of Law, Universitad UdayanaThis article explores the Indonesian Constitutional Court’s views through its decisions in shaping the practice of outsourcing in Indonesia based on the 1945 Constitution. The study was first conducted by analyzing Decision No. 012/PUU-I/2003 and later Decision No. 27/PUU-IX/2011. The novelty of this research is evident from the involvement of perspective in analyzing the outsourcing scheme in Indonesia as newly regulated in several laws, namely Job Creation Law and the Government Regulation in lieu of Job Creation Law. Using the normative legal research method, the authors used statutory, case, and conceptual approaches. Based on the research conducted, the authors found that the Constitutional Court aims to uphold the balance of companies’ efficiency and outsourced workers’ rights protection. The findings are evidenced by the Constitutional Court’s stance in a decision that implies that outsourcing is constitutional to enhance the State’s economy while simultaneously protecting the outsourced workers’ rights to ensure the fulfillment of their constitutional rights by setting two-fold models of protection. Therefore, even if new outsourcing scheme regulations are issued, the criterion of legality in future judicial reviews must involve determining whether such balance has been sufficiently met.https://journal.unnes.ac.id/sju/jils/article/view/66507constitutional courtoutsourcingefficiencyworker’s rights protection |
| spellingShingle | I Dewa Gede Palguna Ita Nurjanah Ni Komang Tari Padmawati I Komang Dananjaya I Made Halmadiningrat Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? JILS (Journal of Indonesian Legal Studies) constitutional court outsourcing efficiency worker’s rights protection |
| title | Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? |
| title_full | Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? |
| title_fullStr | Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? |
| title_full_unstemmed | Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? |
| title_short | Indonesia’s Constitutional Court Decisions on Outsourcing Scheme: Balancing Protection and Efficiency? |
| title_sort | indonesia s constitutional court decisions on outsourcing scheme balancing protection and efficiency |
| topic | constitutional court outsourcing efficiency worker’s rights protection |
| url | https://journal.unnes.ac.id/sju/jils/article/view/66507 |
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