GOVERNMENT EXISTENCE ON OUTSOURCING WORKERS IN GETTING FAIRNESS Yayuk Sugiarti (a), Asri Wijayanti(b*), Lilik Puja Rahayu (c), Anak Agung Sagung Ngurah Indradewi (d), Agus Supriyo (e)
a) University Wiraraja Sumenep,
Jalan Raya Sumenep-Pamekasan KM. 05 Patean, Sumenep, Indonesia
b) University Muhammadiyah Surabaya,
Jalan Sutorejo 59 Surabaya, Indonesia,
*asri.wijayanti[at]fh.um-surabaya.ac.id
c) University of Bondowoso,
Jl Diponegoro 247 d) University Dwijendra Bali,
Jalan Kamboja No.17, Dangin Puri Kangin, Kec. Denpasar Utara, Kota Denpasar, Bali, Indonesia
d) University Muhammadiyah Surabaya,
Jalan Sutorejo 59 Surabaya, Indonesia
Abstract
The outsourcing system which has been formulated was inappropriate for the provisions of articles 64-66 of the Manpower Act. This misformulation resulted in the diminution of workers or loss of rights during industrial relations. This study aims to examine the role of government towards outsourcing personnel in achieving fairness in industrial relations. This legal research uses the statute approach. The results of this study showed that the government has carried out three main functions, namely regulating, supervising and upholding the rule of law related to outsourcing.
The implementation of the governments role in outsourcing has not been maximized. The main fault in Law 13/2003 has not been followed up with a revision of the Article or even upholded the regulation, the government has issued minister of labor regulation related to outsourcing. The conclusion that can be drawn is the governments role in outsourcing has not been maximized. The government still mixes their function of upholding workers basic rights with the concept of inappropriate employment relations. The resulting recommendation is to revise the provisions of Article 59, 64-66 of the Manpower Act.
Keywords: outsourcing, fairness, industrial relations, rights
