Specific Time Work Agreement (PKWT) and outsourcing regulated in Article 59 and Article 64 of Act no. 13/2007 concerning Manpower assessed as part of the government's obligation to provide opportunities for all people of Indonesia to get a decent job as mandated by Article 27 Paragraph 2 of the constitution RI 1945.
The opinion was delivered by Sunarno, Head of Legal Department Ministry of Manpower and Transmigration, as the Government Party in front of the judges of the Constitutional led by Moh. Mahfud MD in the Plenary Session on Judicial Review of Case Number 27/PUU-IX/2011 Law no. 13/2007 on Employment, Wednesday (6/7).
On that occasion, Sunarno also rejected Petitioner's argument, presented in the previous trial, that Article 59 and Article 64 of Labor Law contradictory to Article 27 paragraph (2), Article 28D Paragraphs (2), and Article 33 Paragraph (1) of the 1945 Constitution. According to him, the article gave a fair and decent treatment for all citizens in the employment relationship, in order to receive just compensation and commensurate with the work he is performing. "So that it enacted the Employment Agreement for specific time periods (PKWT) and the delivery of some of the work to other companies or outsourcing," he explained.
For outsourcing workers, according to Sunarno, it can use all his ability at work. According to him, they will gain the skills they have not had before and if you already have such capabilities, then the workers will increase their ability to work in outsourcing. "The work will be more useful if the work is able to apply the knowledge they get from companies they receive," he explained.
On the occasion, the Petitioner to produce witnesses Moh. Fadli Alwi and Moh. Yunus Budi Santoso, meter readers workers of State Electricity Company (PLN). To the Justices of the Constitutional Assembly, Fadli and Yunus complained how hard it be outsourced workers. According to Yunus, before he was introduced as the outsourced workers, he became a cooperation employee. "After the new rules, we feel there is less security because each year the company changed its outsourcing based on the winning bidder. So that we seemed to be a new employee continuously, "Yunus said.
Yunus added that shelter companies differ in the payroll system. From 2004 until now he has changed in three companies, namely PT Data Energy Info Media, PT. Bukit Alam Barisani, and PT Mustika Berkah Abadi. "The management change of outsourcing winner in PLN turned out to cause wages to fall. I once asked the company, why it go down, it should rise. They replied that they have their own management that is different than before, "Yunus said. (Shohibul Umam/mh/Yazid.tr)
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