Legal Analysis of Employment Agreements in Outsourcing Practices Based on Law Number 13 of 2003 Concerning Employment (Decision Study Number 1438k/Pdt.Sus-Phi/2017)

Abstract

The employment agreement is one of the bases in the employment relationship that creates a legal relationship or relationship for the parties, giving birth to rights and obligations. So that with the existence of an employment agreement, it is expected to realize the implementation of rights and obligations for the parties fairly. Can an employment agreement in outsourcing practices realize the implementation of workers' rights and obligations in employment relations. How is the legal protection for workers in employment agreements in outsourcing practices in employment relations (study of decision number 1438K / Pdt.Sus-PHI / 2017). The nature of this journal research is descriptive analytical, the type of research used is empirical legal research. The research method used is qualitative research or library research. The purpose of this research is to find out about the rights and obligations of the parties in employment relations and to find out the legal protection for the parties in employment agreements in employment relations. The results of the study indicate that the existence of an employment agreement has not been fully realized in implementing the rights and obligations of the parties in employment fairly. However, to be able to realize it, government intervention is needed, which is in accordance with the characteristics of employment law in Indonesia which is mixed. In addition, the principles contained in the agreement must be in harmony with the principles contained in the law of agreements.