Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Ideal Legal Protection of Workers 'Rights in Employment Relationships in Power Transfer Systems

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312456,
        author={Gatut Hendro Triwidodo and Fauzie Yusuf Hasibuan},
        title={Ideal Legal Protection of Workers 'Rights in Employment Relationships in Power Transfer Systems},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={tenaga kerja; alih daya; perjanjian kerja waktu tertentu},
        doi={10.4108/eai.14-4-2021.2312456}
    }
    
  • Gatut Hendro Triwidodo
    Fauzie Yusuf Hasibuan
    Year: 2021
    Ideal Legal Protection of Workers 'Rights in Employment Relationships in Power Transfer Systems
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312456
Gatut Hendro Triwidodo1,*, Fauzie Yusuf Hasibuan1
  • 1: Doctor of Law, Universitas Jayabaya, Jakarta, Indonesia
*Contact email: gatuthendrotriwidodo@yahoo.co.id

Abstract

Legal protection for workers in the labor outsourcing system in Indonesia as part of the industrial relations system is generally still a big problem, because outsourcing is still considered exploitation. The issue of work relations norms in the outsourcing system, namely the existence of gaps and differences in the sense of justice and discriminatory treatment in terms of rewards, salary and punishment in the same workplace. This research method is a normative juridical legal research where the source of legal materials is mainly secondary legal materials, consisting of primary legal materials, secondary legal materials, and tertiary legal materials. In addition, it is supported by primary legal materials in order to strengthen these secondary legal materials. In addition, there are additional conditions that further strengthen the argument for outsourcing work, which can be promised through a work agreement for a certain period of time. Outsourced workers make it impossible to form and become members of a trade union, and automatically other derivative rights cannot be realized, especially those that require a labor union. Likewise, rights related to working and rest periods, such as the right to annual leave and long rest. In addition, rights regarding wages, both during the employment relationship, and after the end of the employment relationship, cannot be obtained.