PROTECTION OF OUTSOURCING WORKERS IN THE PERSPECTIVE OF LAW NUMBER 11 OF 2020 CONCERNING JOB CREATION

Abstract

The purpose of this article is to find out the legal protection for outsourcing workers according to the
provisions of Law Number 11 of 2020 concerning Job Creation. The type of research used is empirical
legal research. Associated with the type of empirical legal research, the data used in the form of primary
data and secondary data. Primary data were obtained through interviews while secondary data were
obtained from primary legal materials, secondary legal materials and tertiary legal materials. The results
of the study can be concluded that legal protection efforts against outsourcing workers/labor must be
carried out maximally and more specifically, considering that in the practice of outsourcing there is a
triangular employment relationship involving the employer (principal), the employer (vendor) and the
worker/laborer. Under these conditions, outsourcing workers/laborers are very vulnerable to
exploitation and inhumane acts, either because of their status as non-permanent (contracted)
workers/laborers or because of the treatment of entrepreneurs who tend to act like capitalists who seek
profit from their hard work. The vendor's business is to employ workers/laborers for the benefit of the
principal, while the vendors themselves benefit from the difference between the wages/services
provided by the principal to the vendor and the wages paid by the vendor to the workers/laborers. This
practice has been analyzed by Marx, who said that workers are alienated (exiled) from work, because
once the worker/laborer is in an outsourcing situation, the worker will work based on the purpose of
the vendor who pays and pays wages, and they (the worker/labor) it will be exploited for the benefit of
the vendor and principal.
Keywords: legal protection, outsourcing workers, Job Creation Act.