THE IMPLEMENTATION OF LABOR OUTSOURCING AT PT. PERTAMINA (PERSERO) TERMINAL BBM PENGAPON SEMARANG

Abstract

Legal norms provide guidance as the legal basis of Outsourcing activity as stipulated in the Employment Act No. 13 of 2003 (Article 64, 65 and 66) and the Ministerial decree of Minister of Manpower and Transmigration of the Republic of Indonesia No. Kep.101 / Men / VI / 2004 of 2004 on the Procedure for Licensing Outsourcing Services Provider Company (Presidential Decree No. 101/2004 and in 3 of 2006 on the investment climate policy). One of the cooperation between PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang with PT. INKANINDO is providing manpower for NDT Routine Inspection for Terminal Equipment at PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang, which is done through direct selection (letter No. 6500037487, Appointment Letter Winner of the Direct Selection Reliability Unit Manager of PT Pertamina (Persero) Processing Unit VI No. 0517 / E16120 / 2006-S5) and with the issuance of the Employment Agreement (SPK) between PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang with PT. INKANINDO No. 3900053099. This study aims to examine the legal aspects of the implementation of outsourcing activity associated with the Labor law at PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang. The method used in this research is legal-normative to analyze the normative-legal aspects of the implementation of outsourcing is associated with the Employment Act at PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang, referring to the Employment Act No. 13 of 2003 and its implementation regulations. Based on the results of this study, the author conclude that in running outsourcing business, there are a few things have to be fulfilled, but in the reality there is also things that cannot be fulfilled. The things that have already comply with the regulation is that outsourced NDT worket at PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang done with written agreement, does not employ children, provision of hours of night work, special rights for women workers, and the provision of overtime and break time. The obstacles encountered in the implementation of outsourcing is the lack of experts at by PT. Pertamina (Persero) Fuel Terminal Pengapon Semarang. Solutions to overcome these obstacles are increasing the persistence and professionals by providing courses and training to acquire skills necessary for the company, and it is financed by the company.