STATE LAW PROTECTION AGAINST OUTSOURCING WORKERS BASED ON JUSTICE PERSPECTIVE

Outsourcing workers in Indonesia face some problems although there is law Number 40 year 2007 concerning Corporation and Law Number 13 year 2003 concerning Labor. The problem regarding the condition of Outsourcing workers especially relate with Protection and Social Insurance from the State. This study used juridical normative research with multi and interdicipline approaches. There were two conclusions at the end of the research. First, Law concerning Labor could not provide social insurance for the outsourcing worker. Secondly, the outsourcing worker would have justice and legal certainty through systems such as "Agreement in fixed time" (PerjanjianKerjaWaktuTertentu or PKWT) or Agreement with unfixed time (PerjanjianKerjaWaktuTidakTertentu or PKWTT) in writing models. These models consist of rights and duties of the employer and the employee such as started and end dates of work, period of time, salary, and work burden, social insurance, additional payment, vacation, holiday extra money, pension and the dispute resolution mechanism.