KETIMPANGAN KEDUDUKAN HUKUM DALAM PERJANJIAN KERJA SATUAN PENGAMANAN DENGAN PERUSAHAAN OUTSOURCING DI TINJAU DARI ASAS KEBEBASAN BERKONTRAK

Abstract

This study aims to examine the form and effectiveness of legal protection for the rights of outsourced workers from the perspective of the principle of freedom of contract. A non-empirical normative juridical method was used in this study, employing both conceptual and legislative approaches. The results indicate that although the basic rights of outsourced workers are guaranteed normatively, such as occupational safety, social security, and the right to a living wage, in practice, this protection remains weak. Law No. 6 of 2023 removes restrictions on the types of work that can be outsourced, potentially expanding outsourcing practices to include core jobs. Furthermore, the responsibility for protecting workers' rights rests solely with the labor-providing companies, not with the service users, who directly utilize the labor. Unclear implementing regulations and weak labor supervision worsen the bargaining position of outsourced workers. Therefore, clear derivative regulations are needed, affirmation of legal responsibilities for user companies, and strengthening the supervision system and legal assistance for outsourced workers. Outsourcing (alih daya) as a provider of workers by another party is carried out first by separating the main work (core business) from the supporting work (non-core business) in a written document prepared by company management. In conducting outsourcing, the company using outsourcing services cooperates with the outsourcing company, where the legal relationship is realized in a cooperation agreement that includes, among other things, the term of the agreement and the fields that constitute forms of outsourcing cooperation. This study aims to determine the legal certainty of security personnel under the principle of freedom of contract.