LEGAL PROTECTION OF WORK AGREEMENT LIMITED DURATION BETWEEN EMPLOYEE AND OUTSOURCING COMPANY (PARTIES WHO HAVE SIGNED THE AGREEMENT) WHICH WAS PLACED IN OIL AND GAS COMPANY AND THE IDEAL ROLES OF CSR REGARDING TO POSITIVE REGULATION IN INDONESIA Nomensen Freddy Siahaan , Ari Hernawan
University of Mulawarman and University of Gadjah Mada
Abstract
The capacities among Government, Employer, and Employees have unequal bargaining power. The employer usually has greatest bargaining power among of them, followed by the Government, then the employees. But normally, the government should control and restrain the employer and employees. On business process, generally parties who are getting careless from our government are employees, because employees are used as a production factor only by employer who is not fully considered toward their welfare.
This Legal Writing aims to answer the issues related to Manpower System especially toward Outsourcing Employee^s Agreement in oil and gas company. Firstly, Scholar would like to know the critical or analyses toward Work Agreement Limited Duration. Then Preventive Protection toward Outsourcing Employees which was stated on Work Agreement Limited Duration and ideal roles of CRS to handle it.
The method which was used in this Scholar Paper was Qualitative Research Method, a kind of Normative Legal Writing which was based on prescriptive library research concerning study of positive law. For the Primary Legal Materials, Scholar used references such as Act Number 13 Year 2003 regarding to Manpower, Legal protections of working, etc. And for Secondary Legal Material, Scholar uses books, journals, papers, newspapers, and report of legal writing. Then, for Tertiary Legal Materials, Scholar used references such as legal dictionary, dictionary Indonesian-English dictionary and vice versa, etc.
In the end of Legal Writing, Scholar concludes that: (1) there are some weaknesses that have found on Work Agreement Limited Duration. Those weaknesses have infringed Positive Regulation in Indonesia. 2) outsourcing Employees do not get totally preventive protection toward themselves because they could not access the right and for their families. Scholar recommends that the supervision from Governmental Officer has to be strengthened up to avoid many forms of infringements.
Keywords: Work Agreement, Preventive Protection, Roles of CSR.
