The Role of the Government of Outsourcing Power in Achieving Justice in Industrial Relations

Outsourcing, Justice, Industrial Relations, Right.

Authors

  • Yayuk Sugiarti University of Wiraraja Sumenep, Muhammadiyah University of Surabaya, University of Wiraraja Sumenep
  • Asri Wijayanti University of Wiraraja Sumenep, Muhammadiyah University of Surabaya, University of Wiraraja Sumenep
  • Sjaifurrachman . University of Wiraraja Sumenep, Muhammadiyah University of Surabaya, University of Wiraraja Sumenep

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The outsourcing system has been formulated inaccurately in the provisions of articles 64-66 UU 13/2003 (the constitution of Indonesia). The formulation error leads to employees decreasing or losing their rights during industrial relations. This research aims to explore the role of the government of outsourcing power in achieving justice in industrial relations. This law study employs the statute approach. The result is that the government has performed three main functions, including managing, controlling, and enforcing the rules related to outsourcing. The implementation of the government’s role in this sector has not been maximized. The main error in UU 13/2003 has not been followed up with a revision of the article, even to enforce the regulation, the government has regulated a regulation from the minister of human resources for outsourcing. The possible solution is the government’s role in outsourcing needs to be improved, and it is still unclear between the function of the government of enforcing workers' fundamental rights and the concept of inappropriate employment relations.