LEGAL POSITION AFTER THE APPLICATION OF LAW NUMBER 6 OF 2023 CONCERNING JOB CREATION ARTICLE 66 AND ARTICLE 81 NUMBER 15 REGARDING OUTSOURCING WORKFORCE

Abstract

The legal status and legal protection for outsourced workers, especially with the promulgation of Law Number 6 of 2023 concerning Job Creation, is considered to further legalize outsourcing. The aim of the research is to analyze the legal position of outsourced workers in Indonesia. The type of research is normative juridical. Problems that arise related to outsourcing include the lack of protection for outsourced workers, the legal position of outsourcing there is no difference between the old law and the new law, the lack of protection for social health security, unfair work contracts, and outsourced workers who are paid in below the minimum wage. The approach used is a statutory and conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively qualitatively. The research results concluded that the legal position for outsourced workers in Indonesia is regulated in Law Number 6 of 2023 concerning Job Creation which abolishes the provisions of Article 64 and Article 65 of Law Number 13 of 2003 concerning Employment. Article 66 of the Job Creation Law does not include restrictions on work that is prohibited from being carried out by outsourced workers, even though Article 65 paragraph (2) of the Employment Law previously regulated work that could be handed over to other companies. Other provisions allow for no time limit for workers, which means that workers can be outsourced indefinitely, even for life. The provisions in the Job Creation Law still protect the rights of outsourcing workers as regulated in Article 66 paragraph (5) of the Job Creation Law relating to wages, welfare, working conditions, disputes that arise are the responsibility of the outsourcing company.