PERLINDUNGAN HUKUM TENAGA KERJA KONTRAK DAN OUTSOURCING, SERTA PROBLEMATIKA IMPLEMENTASINYA

Abstract

The relationship between employers and workers tends to be characterized by a tension between the employers' and workers' interests. While the employers maintain business continuity to obtain optimal advantages, the workers demand to get decent wages or welfare. For example, the laborers have struggled through a constitutional way by submitting a judicial review of Law No. 13 of 2003 concerning Manpower. This research used a conceptual approach and a philosophical approach to observe the relevant legal material in the Constitutional Court's decision to obtain legal guarantees with more legal certainty. In conclusion, this research found that: (a) The phrase 'for the sake of the law' should have granted the laborers more legal protection. However, it still creates multiple interpretations that lead to the loss of certain legal protections. (b) The Constitutional Court, through its decision, has laid the basis of legality with more legal certainty through the implementation of labor protection norms gradually. (c) Even though the Constitutional Court's decision has already provided legal certainty normatively, the uncertainty of legal protection still exists in practices.