The Implementation of Outsourcing System in Industrial Relation after the Constitutional Court Decision No. 27/PUU-IX/2011 in West Nusa Tenggara

H. Lalu Husni, Any Suryani Hamzah

Abstract


The present study is an empirical legal research which was conducted at the companies in West Nusa Tenggara. The data were obtained through legal reasoning which is logical, systematic and coherent and were analyzed using descriptive-analytic. Based on the analysis, the result showed that the implementation of outsourcing system in industrial relation after the Constitutional Court decision No. 27/PPU-IX/2011 on private companies in West Nusa Tenggara has not been done properly. The companies which became object of the study have understood that after the Constitutional Court Decision No. 27/PPU-IX/2011, labor contract on outsourcing system has changed from PKWT (perjanjian kerja waktu tertentu/ labor contract for specific time) to PKWTT (perjanjian kerja waktu tidak tertentu/ labor contract for an unspecified time). In other words, the principle of labor protective measure transfer at companies might happen in case the company implements PKWT. However, the Constitutional Court Decision No. 27/PUU/-IX/2011 which changed PKWT into PKWTT collides with Article 59 of Act No. 13 of 2003 on Manpower.

DOI: 10.5901/mjss.2017.v8n3p109


Full Text: PDF

Licenza Creative Commons
This work is licensed under Creative Commons Attribution 3.0 License.

Mediterranean Journal of Social Sciences ISSN 2039-9340(Print) ISSN 2039-2117(Online)

Copyright © MCSER-Mediterranean Center of Social and Educational Research

To make sure that you can receive messages from us, please add the 'mcser.org' domain to your e-mail 'safe list'. If you do not receive e-mail in your 'inbox', check your 'bulk mail' or 'junk mail' folders..