文章基本信息

标题：The Implementation of Outsourcing System in Industrial Relation after the Constitutional Court Decision No. 27/PUU-IX/2011 in West Nusa Tenggara
本地全文：下载
作者：H. Lalu Husni ; Any Suryani Hamzah
期刊名称：Mediterranean Journal of Social Sciences
电子版ISSN：2039-2117
出版年度：2017
卷号：8
期号：3
页码：109-116
DOI：10.5901/mjss.2017.v8n3p109
语种：English
出版社：Mediterranean Center of Social and Educational Research (MCSER)
摘要：The present study is an empirical legal research which was conducted at the companies in West Nusa Tenggara. The data were obtained through legal reasoning which is logical, systematic and coherent and were analyzed using descriptive-analytic. Based on the analysis, the result showed that the implementation of outsourcing system in industrial relation after the Constitutional Court decision No. 27/PPU-IX/2011 on private companies in West Nusa Tenggara has not been done properly. The companies which became object of the study have understood that after the Constitutional Court Decision No. 27/PPUIX/ 2011, labor contract on outsourcing system has changed from PKWT (perjanjian kerja waktu tertentu/ labor contract for specific time) to PKWTT (perjanjian kerja waktu tidak tertentu/ labor contract for an unspecified time). In other words, the principle of labor protective measure transfer at companies might happen in case the company implements PKWT. However, the Constitutional Court Decision No. 27/PUU/-IX/2011 which changed PKWT into PKWTT collides with Article 59 of Act No. 13 of 2003 on Manpower.
关键词：Industrial relation ; outsourcing system ; constitutional court decision