Legal Protection for Workers in Non-Standard Employment Relationships in Indonesia

Abstract

Changes in work patterns have led to the development of non-standard employment relationships, distinct from permanent and full-time employment relationships. This study aims to analyze the existence of non-standard employment relationships in Indonesia, both legally and empirically, and to examine their relationship to the feasibility of work and the protection of workers’ rights. The study uses a juridical-empirical approach, incorporating a literature review of laws and regulations, court decisions, legal doctrine, academic literature, and supporting empirical sources. These are then analyzed qualitatively through a legislative approach. The results of the study indicate that temporary work and outsourcing have a regulatory basis in Law Number 13 of 2003 concerning Manpower and its implementing regulations, but part-time work, on-call work, and disguised employment relationships still face gaps or limited protection. These conditions impact job security, wages, social security, and workers’ bargaining power. Therefore, strengthening regulations is necessary to ensure labor market flexibility remains in line with the principles of decent work and fair and sustainable worker protection for all parties in the dynamics of the Indonesian labor market.