The Implementation of Outsourcing System in Industrial Relation after the Constitutional Court Decision No. 27/PUU-IX/2011 in West Nusa Tenggara
Mediterranean Journal of Social Sciences
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Title |
The Implementation of Outsourcing System in Industrial Relation after the Constitutional Court Decision No. 27/PUU-IX/2011 in West Nusa Tenggara
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Creator |
Husni, H. Lalu
Hamzah, Any Suryani |
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Description |
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/PPU-IX/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. DOI: 10.5901/mjss.2017.v8n3p109 |
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Publisher |
Mediterranean Journal of Social Sciences
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Contributor |
—
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Date |
2017-05-07
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Type |
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion — |
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Format |
application/pdf
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Identifier |
https://www.mcser.org/journal/index.php/mjss/article/view/9943
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Source |
Mediterranean Journal of Social Sciences; Vol 8, No 3 (2017): May 2017; 109
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Language |
eng
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Relation |
https://www.mcser.org/journal/index.php/mjss/article/view/9943/9576
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Rights |
Submission of an article implies that the work described has not been published previously (except in the form of an abstract or as part of a published lecture or academic thesis), that it is not under consideration for publication elsewhere, that its publication is approved by all authors and tacitly or explicitly by the responsible authorities where the work was carried out, and that, if accepted, will not be published elsewhere in the same form, in English or in any other language, without the written consent of the Publisher. The Editors reserve the right to edit or otherwise alter all contributions, but authors will receive proofs for approval before publication. Copyrights for articles published in MCSER journal are retained by the authors, with first publication rights granted to the journal. The journal/publisher is not responsible for subsequent uses of the work. It is the author's responsibility to bring an infringement action if so desired by the author. |
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