KEDUDUKAN DAN HAK PEKERJA DALAM SISTEM OUTSOURCING DI INDONESIA

Abstract

Outsourcing is a business strategy employed by companies to enhance operational efficiency by delegating certain tasks to third parties. While this practice offers benefits in terms of cost reduction and productivity, it also raises concerns regarding the protection of outsourced workers, who often find themselves in a weaker bargaining position and vulnerable to unfair treatment in employment relationships. This study aims to analyze the legal standing and rights of outsourced workers in Indonesia through a normative juridical approach, based on the provisions of Law No. 13 of 2003 on Manpower, the Job Creation Law, and Constitutional Court Decision No. 27/PUU-IX/2011. The findings indicate that outsourcing is legally recognized, provided it adheres to established principles and requirements. The government has issued several regulations to strengthen the legal framework for outsourcing practices; however, violations of workers' rights still occur in practice. Therefore, strict supervision and fair legal enforcement are necessary to ensure balanced and just labor relations for all parties involved.