| Summary: | This study aims to determine the legal consequences for the
implementation of the outsourcing system after discharge of the Constitutional
Court Decision No. 27/PUU-IX/2011. Besides, this study aims to determine the
suitability of outsourcing system arrangements after the discharge the
Constitutional Court Decision No. 27/PUU-IX/2011 with the philosophy of
Pancasila Industrial Relations.
This research is a normative judicial research, a research which is done by
researching the library data which�s secondary data or called library research. To
support and complement the secondary data , it also conducted field research, to
obtain information / data from the source as a reinforcement for the data obtained
from the research literature. Data obtained from literature research and field study
are analyzed qualitatively. The results of this study are presented descriptively.
The results of this study is: First, the Constitutional Court Decision No.
27/PUU-IX/2011 even more legalize outsourcing, because it basically just
explainsthe constitutionality of the Articles in the Law No 13 of 2003 on
Employment, which regulates and deals with outsourcing itself. Both models
which are offered by the Constitutional Court, both in terms of employment and
PKWT PKWTT by applying concepts and Transfer of Under the provisions of
Protection of Employment (TUPE) has essentially no regulation in the Peraturan
Perundangan Ketenagakerjaan in force. So that the implementation of outsourcing
can still be carried out with reference to labor legislation that has been there.
Second, the outsourcing arrangement in Indonesia is not in accordance with the
philosophy of Pancasila Industrial Relations and the 1945 Constitution, especially
Article 33, paragraph (1) and paragraph (4), Article 27 paragraph (2) and Article
28 paragraph (2). The authors propose, the abolition of the outsourcing
arrangement with a working relationship based on PKWT, in order to prevent the
abuse of law which is done by the companies, and to encourage responsibility and
professionalism of outsourcing firms in Indonesia, another alternative is to
provide retirement security for outsourcing workers, with developing organizer
board or implement the National Social Security Act/SJSN.
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