Perlindungan Hukum Bagi Pekerja/Buruh Alih Daya Akibat Pemutusan Hubungan Kerja dalam Masa Kontrak. (Legal Protection for Outsourced Workers/Labourers Due to Termination of Employment during the Contract Period).

Chamdani, Chamdani (2022) Perlindungan Hukum Bagi Pekerja/Buruh Alih Daya Akibat Pemutusan Hubungan Kerja dalam Masa Kontrak. (Legal Protection for Outsourced Workers/Labourers Due to Termination of Employment during the Contract Period). Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Legal protection for outsourced workers the majority of their employment relations are Fixed Time Employment Agreement, but in the provisions of Manpower Law Juncto Job Creation Law, it is not regulated in detail about the rights of outsourced workers/workers who are terminated during the contract period. Job Creation Law and Government Regulation 35/2021 raise legal problems in the form of conflicts of norms and have not reflected legal protection in the theory of legal objectives that are fair, certain, and beneficial. The formulation of the problem in this Dissertation is How is the legal protection for outsourced workers/laborers due to Termination of Employment during the contract period? and What is the concept of legal protection for outsourced workers/laborers due to Termination of Employment within the contract period? This Dissertation Research is a normative juridical research, namely research that examines the study of documents with a problem approach using laws and regulations (Statute approach), conceptual (Conceptual approach), philosophical (Philosophical approach) and case approach (Case approach) as well as a comparative approach (comparative approach) in various countries. In this dissertation the theory of the welfare state and the theory of legal protection as an analysis knife against the formulation of the first problem, while the theory of legal objectives and the theory of agreements as an analysis knife against the formulation of the second problem. The results of the study show that legal protection for outsourced workers/laborers due to termination of work in the contract period based on Manpower Law and Job Creation Law is not optimal and conflicts with each other with the provisions of Article 62 Job Creation Law provides compensation money in the amount of wages of Fixed Time Employment Agreement workers/laborers until the deadline for the expiration of the term of the employment agreement (the remaining contract period), while in Article 61A Job Creation Law requires employers to provide compensation money so as to cause uncertainty laws that lead to injustice for both outsourcing service providers and outsourced workers/laborers. The concept of legal protection for outsourced workers/workers needs to be established a special institution such as in the UK, ACASxiv (Advisory, Concilitation and Arbitration Service) which is a supervisor in the field of labor and the need for arrangements as in Japan, every time there is a termination or termination of outsourced workers/laborers, the Court will decide that the implementation of termination and termination of employment during the contract period as an Unlawful Act and the company must immediately find job replacement for outsourced workers/laborers who are terminated during the contract period and a Special Law on Outsourcing in Indonesia is formed. The researcher's suggestion is that the legislature needs to establish a Special Law on Outsourcing Keywords: Legal protection, outsourced workers, termination of employment

Item Type: Thesis (Doctoral)
Uncontrolled Keywords: Legal protection, outsourced workers, termination of employment
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Doktor Ilmu Hukum
Depositing User: 1331800032 chamdani chamdani
Date Deposited: 20 Mar 2023 09:19
Last Modified: 04 Apr 2023 05:11
URI: http://repository.untag-sby.ac.id/id/eprint/23264

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