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Perlindungan hukum bagi kerja outsourcing ditinjau berdasarkan UU no.13 th.2003 tentang ketenagakerjaan (studi di Kab.Banyuwangi) (CD + Cetak)
Observing the company as a symbol of the dominant world economic system, it
becomes inherently clear, its structure and function are in conflict with the
protection of employers/labours law, both of which are always found gaps between
das solens (the sould) and das sein (the fact), and always present discrepansies
between law in the book and law in the action. In fact economic living with financial
capitalism had alredy, does not view employers/laborers as subjects of production
that should be protected, indeed treet the as object that may be exploited. This is
what is what really occured within outsourcing practice in Indonesia, thus
outsourcing legalization based on law no. 13 of 2003 about Manpower got harvest
controversies. For they who agreed has reason that outsourcing has benefits for
developing business, open new job demands, and reducing unemployment. On
the other side , for them who disagreed considering on the practice of outsourcing
is a form of modern slavery that will bring miseries for employees/labours.
Based on this facts, the author then formulated several problems related to how
the legal protection for outsourcing labours based on law no. 13 of 2003 about
Manpower? And How is the role of the Banyuwangi Regency Goverment for giving
legal protection toward outsourcing employees/labours?. Its purposes were for
carrying out analysis toward outsourcing practice, and for knowing the
implementation of working protection for employess/labours that is applied by
Banyuwangi Regency Govermental.
For answering those questions and research purposes above, here used juridical
empiric/ sociologic. Sort of data contained inside it consisted of Primary Data,
Secondary Data, and Tertiary Data, which were collected through literature and
documentation study and field research.
From the research results it is known that there is an imbalance in employment
law, where in Article 64. Article 65 and Article 66 there are no regulations governing
criminal and administrative sanctions, only limited to changes in employment
relations. Therefore, revisions are very needed on several manpower regulationlegislation.
Banyuwangi Regency Govermental needed to increase of its
manpower personel in the departement of manpower and transmigration operation
in order to do their jobs and function maximally, and powering any kind of labourunions
in purpose to run well their aims and functions.
Keywords: Outsourcing employee/labour, legal imbalance, and legal protection.
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