Legal Protection for Outsourced Workers at PT PLN (Persero) UID Sulselrabar Makassar Area

Abstract

Outsourcing, the transfer of part of a company's work to another party, is not permitted for core or continuous activities, yet the weak bargaining position of workers leaves many outsourced employees exposed to arbitrary treatment by employers. This study examines (1) how national legislation provides legal protection for outsourced workers in Indonesia and (2) how that protection is implemented for outsourced workers at PT PLN (Persero) UID Sulselrabar, Makassar Area. It employs normative juridical research with a statute approach, analysing labour laws and regulations, journals, books and court decisions, supplemented by direct interviews with relevant parties. The results show that (1) legal protection for outsourced workers is regulated in national legislation, but sanctions against those who violate it are not firmly enforced, to the detriment of outsourced workers; and (2) this protection has not been fully implemented by the user company and the contractors (vendors). Outsourced workers still perform core or continuous work, such as command center operation and technical services (yantek), while remaining on fixed-term contracts (PKWT) with the vendor; occupational safety and health facilities are inadequate and workplace accidents go unreported; and the user company indirectly suppresses trade unions through union busting, transfers and dismissals of unionised workers. The study concludes that the rights of outsourced workers guaranteed by law are not yet respected in practice and require firmer enforcement.