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Formulation of
Boilerplate Clauses in Outsourcing Agreement that is Constanted
by the Parties in Give Legal certainty Komang Eri Suta Wibawa 1*, Johannes
Ibrahim Kosasih 2, I Nyoman Sujana 3 Warmadewa University, Indonesia Email: [email protected], [email protected],
[email protected] Corresponding Author: Komang Eri Suta Wibawa |
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Keywords |
Abstract |
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outsourcing agreements,
boilerplate clauses, legal certainty, Employment Law, principle of balance |
This
research analyzes the formulation of boilerplate clauses in outsourcing
agreements, focusing on how these clauses ensure legal balance and certainty
for all parties involved. It reviews critical components such as Choice of
Law, Language Clauses, and Severability Clauses, identifying their roles in
achieving fair and enforceable agreements. Utilizing a normative legal
research method, this study examines Indonesia's Employment Law No. 13 of
2003 and Government Regulation No. 35 of 2021, which outline the guidelines
for outsourcing, including the legal requirements for contracts with
outsourced workers. Findings suggest that incorporating boilerplate clauses
within outsourcing agreements strengthens legal certainty and balance between
the outsourcing agency, employer, and outsourced workers, addressing
potential issues of norm ambiguity and ensuring adherence to national labor
standards. The research emphasizes the importance of these clauses in
upholding the principle of legal balance and protecting the rights of
outsourced employees.
� 2024 by the authors. Submitted for possible open access
publication under the terms and conditions of the Creative Commons
Attribution (CC BY SA) license (https://creativecommons.org/licenses/by-sa/4.0/ ). |
1 Introduction
Global developments
significantly impact business progress, removing country barriers and fostering
economic growth in Indonesia, benefiting all citizens (Suyatna
& Widyaningsih, 2020; Kartono, 2021). This aligns
with the Republic of Indonesia's objective to ensure general welfare, as
highlighted in Article 33 of the 1945 Constitution, which outlines that (1) the
economy should be structured as a collective endeavor based on kinship; (2)
essential production branches affecting people�s livelihood should be state-controlled;
(3) natural resources like earth and water are governed by the state for the
people�s prosperity; (4) the national economy is grounded in economic democracy
with principles of unity, fair efficiency, sustainability, environmental insight,
independence, and national progress; and (5) specific implementation provisions
are regulated by law (Subekti, 2019).
In Article 33 Paragraph
(4), the Indonesian government underscores its commitment to achieving general
welfare for all citizens (Rahmawati, 2018). Indonesia�s natural assets,
including biodiversity and scenic landscapes, drive the government to invest in
tourism as a key industry (Santoso & Hadi, 2020). Article 1, number 9, of
Law No. 10 of 2009 concerning tourism (Tourism Law) defines the tourism
industry as a collection of tourism-related businesses aimed at producing goods
and services to meet tourist needs (Nasution, 2017).
The tourism industry,
as per the Tourism Law, functions as a government-driven sector supporting
economic progress. Indonesia's tourism potential attracts domestic and
international visitors, boosting local economies (Yahya & Basuki, 2016).
Article 4 of the Tourism Law outlines that tourism significantly contributes to
regional economic advancement and job creation for residents (Saputra &
Nugroho, 2021). For tourism industry competitiveness, business areas in tourism
include attractions, accommodation, travel services, entertainment, and more,
as stated in Article 14 of the Tourism Law (Pranoto,
2018). Entertainment and recreation businesses are particularly impactful in
Indonesia�s tourism landscape, demonstrating benefits for private and
government sectors alike (Soetjipto & Hadiyanto,
2019).
Former Minister of
Tourism Arief Yahya encouraged private sector involvement in managing
recreational parks, citing that private entities enhance future tourism
prospects more than state-owned management (Wiratama,
2017). Thus, the government focuses on regulations to support recreational park
business development, as articulated in Regulation of the Minister of Tourism
and Creative Economy No. 27 of 2014 (Tourism Ministerial Regulation No. 27,
2014) (Tanjung & Haryanto, 2019). This regulation describes recreational
parks as businesses providing spaces and facilities for various attractions
(Purwanto & Iskandar, 2019).
Recreational parks
facilitate local economic development, creating jobs and offering diverse
attractions, including mechanical rides, water games, recreational rentals, and
cultural performances (Agustina, 2019). Bali, for example, thrives as a tourism
magnet due to its natural wealth and land use managed by local traditional
authorities to prevent violations of local customs, or awig-awig
(Satria, 2020). The expansion of recreational parks in Bali illustrates how
tourism business development aligns with cultural values while fostering
regional economic growth (Wijayanto, 2021; Putra
& Saraswati, 2019).
Currently, one of the
most visited recreational parks by tourists in Singapadu
Gianyar, Bali, is the Bali Bird Park, which serves as a major attraction for
both conservation and entertainment purposes (Wijaya, 2019; Santoso, 2021).
Bali Bird Park, established in 1995, showcases various attractions while
focusing on the conservation of species like birds and Komodo dragons, making
it a city mascot in Singapadu Gianyar (Putra &
Saraswati, 2020). The park�s mission centers on protecting endangered bird
species in Indonesia through comprehensive conservation methods (Pratama, 2020). In addition to animal care, Bali Bird Park
actively contributes to environmental sustainability, implementing policies to
reduce plastic usage within its grounds as part of their pollution control
efforts (Astuti, 2021). Environmental pollution has significant impacts on
wildlife, underscoring the park�s dedication to protecting not only animal
species but also the broader ecosystem that supports them (Hidayat & Fajri, 2020).
To execute its
conservation programs effectively, Bali Bird Park relies on a skilled workforce
across roles such as performance, security, and administrative support,
totaling approximately 110 employees divided into Director, Managerial,
Supervisory, and Staff levels (Sukmawati, 2019). The
park�s organizational structure includes the Executive Office, Human Resources,
Sales and Marketing, Guest Engagements, the AVIAN department, and the PARK
department, which together ensure smooth operations and conservation efforts (Wijayanto, 2021). These roles underscore the necessity for
a comprehensive team structure to support both animal care and visitor services
(Lestari & Hartono, 2019). The need for a sufficient workforce to support
operations has become an ongoing consideration for Bali Bird Park�s management,
which aims to achieve efficiency by collaborating with labor supply
institutions to streamline recruitment (Rahmawati, 2020). Outsourcing
arrangements, as regulated by Article 64 of Law No. 13 of 2003 on Employment,
allow businesses like Bali Bird Park to delegate certain operational tasks to
third-party service providers, thereby sharing risks and reducing the company�s
operational burden (Kusuma, 2019).
According to Article 65
Paragraph (2) of the Manpower Law, specific job types can be assigned to other
companies or labor agencies if they (a) are conducted separately from the main
activities, (b) are performed under the employer�s direct or indirect orders,
(c) support overall company activities, and (d) do not interfere with the core
production process (Setiawan & Nugroho, 2021). Article 66 further
stipulates that workers from service-providing companies should not engage in
primary production activities, except for supportive roles that are not
directly tied to production processes (Widodo, 2020).
So that If studied more
in about fill chapter the signify that submission job to another company or
power switch Power the only can done on type work certain just. Therefore, the
Bali Bird Park is deep collaborating with institution switch Power the
has own qualification Good from type work nor duties and responsibilities
workers who will submitted to the Institution. For now, this type submitted
work to institution switch Power the that is position security guard,
handyman garden and cleaning service. Third type work the has fulfil elements
contained in Article 65 paragraph (2) and Article 66 of the Manpower Law the
above, which is third type work the No is activity main from Bali Bird Park and
only as work support just. So as to provide something strength binding
law between Bali Bird Park and the transfer agency Power or outsourcing
it, then party outsourcing will make something agreement between business
entities and outsourcing institutions to achieve objective together. In the
making something the cooperation agreement should involving the parties to
achieve objective together. but in reality, the cooperation agreement made in a
way unilaterally by the party institution outsourcing. Something the
cooperation agreement should containing clauses the so -called contract with boilerplate
clauses. By general Boilerplate Clauses themselves there is the same
understanding as second split party so that understanding it must be constant
with well according to agreement second split party. On the Boilerplate Clauses
themselves own a number of characteristics that is Choice of Law (Choice of
Law), Language Clause (Choice of Language), Severability Clauses (Clause
severability), and Notices Clauses (Clause Announcement) (Y Sogar
Simamora and Ghansam Anand,
2022). In this outsourcing agreement No found severability clauses (clauses
separateness) in agreement This. Clause This is clauses that are also important
to include in This cooperation agreement, because severability clauses
This arrange about If there is contradictory things with provision
jurisdiction or provision regulation legislation then that's contradictory the
No applies. In terms of This agreement This No can said contradictory, however
agreement This can said No complete in the cooperation agreement.
Incompleteness agreement cooperation between Bali Bird Park and this
outsourcing agency then that will be give rise to problem law later No between
company employer with workforce, but rather connection he worked at the
Bali Bird Park with the outsourcing agency. On agreement cooperation the No
exists include provision about If company employers experience loss
material to deed from the workforce with include indemnity clause.
Besides, when This in the practice provision executor about switch Power Still
refer to the Regulations Government Number 35 of 2021 Concerning Specific Time
Agreements, Outsourcing, Working Time and Rest Time and Termination Employment
Relations (for next called PP No. 35 of 2021). regardless from obscurity
restrictions work to be object switch power, the Job Creation Law and PP Number
35 of 2021 amend Article 66 paragraph (3) of the employment law where the
agreement in The PKWT form for outsourced workers must include: TUPE (transfer of
undertaking protection of employment) clause protection right for worker).
Provision neither does that stated in the cooperation agreement carried out by
Bali Bird Park and the outsourcing agency. Therefore, in the formulation boilerplate
clause in the agreement cooperation the If linked with legal norms
including in category ambiguity of legal norms.
�� Basically study thesis This will analyze about formulation
something agreement made between Bali Bird Park and institution switch
available power the ambiguity of the norms therein. Therefore,
research thesis This lift title " Formulation Boilerplate Clauses in
Agreements Outsourcing that is controlled by the parties in providing
Certainty ". Based on background exposure behind on appear a number
of the problem will be studied and analyzed in research thesis This about
characteristics clauses in outsourcing agreement for procurement related
workforce with field business park possible recreation give
certainty laws and How Boilerplate Clauses are formulated in something
outsourcing agreement that can be give balance between the parties.
The purpose of this
research is 1. To study and analyze
regarding the formulated Boilerplate Clauses in something outsourcing agreement
that can be give balance of the parties 2. To study and analyze about characteristics clauses in
outsourcing agreements in particular are related with business clients who can
give certainty law.
2 Materials and Methods
Legal
research used in writing thesis This is study law normative. Legal
research Normative (normative legal research) is research conducted with
method study regulation current regulation or applied to something
problem law certain. Legal research normative research law from internal
perspective with object the research is legal norms. Legal research normative
focus on studies written namely using primary and secondary data like using
rules legislation, theory law, principles law, and can in the form of works
scientific scholars (doctrine). Various aspects provided in study
normative This that is aspect theory, aspect scope material, explanation
general and explanation article by article, formalities and powers tie
something legislation and language the law used.
Research
methods This used for research the ambiguity of norms that arise in work
agreements between outsourcing agency / institution power switch Power in frame
procurement power switch power on the field business park recreation especially
in the setting of the day holiday on energy switch Power or outsourcing. On
agreement the No arrange about in a way firm about If transfer workforce
power that has been agreed not in accordance with the specified
qualifications initiated by the company with outsourcing agency. So that
happen something blurring of norms and giving rise to uncertainty as well as No
give protection law to company to get what was agreed with institution
power switch power / outsourcing agency.
3 Results and Discussions
Determine choice
applicable law in something agreement of course very important, because
matter the related with solution if happen dispute between the parties. Choice
of law is choice the law chosen by the parties for finish dispute in
something agreements, and clauses This common applied in something agreement. Choice
of law is very important for set, use determine which law is used? as
reference in agreement. With he determined choice law, if happen disputes that
arise later day so in frame solution something dispute can determined
which law will used.
Clause choice of law
This is part from principal freedom contract, to which the parties free
determine choice which law will used. Principle of freedom contract This
arranged in Article 1338 of the Civil Code. Freedom does choice law or use
clause choice of law This more Lots based on the interests of the parties involved business. They agreed for choose which law
is more profitable business. Clause This will provide a sense of fairness for
the parties in do something agreement because with choose system the law has
agreed and approved selected law in a way together.
If any agreement there
is clause choice of law, then applicable law for contract the is
law as designated in agreement that, p the related with what has
agreed by each split party applies as Constitution for those who make it. Due
to the parties free for determine choice law (choice of law) on
something agreement, as for a number of restrictions as following:
1.
Choice
law only justified in field law contract
In the field law
kinship No can held choice law (choice of law), because field law This
No seen as something wirtschaftseinheit for
the sake of interest all over society and family
2.
Choice
law No can about legal nature force
Choice law No can hold for
agreements pacht, agreement rent object No movable,
agreements entered into on exchanges, and agreements work, because agreements
in the fields the nature orderingsvoorschriften
held by the government for arrange law civil with characteristic features
law public
3.
Choice
law No can incarnate become smuggling law
Choice law No can hold
when in contract the three is point distant relationship stronger rather
than choice law. Choice law This only can made with a bona fide intention,
no There is special choose something place certain For Meaning smuggle
regulations others, therefore must not fictitious, based on a normal
relationship and must show exists a natural and vital connection, a
substantial connection between selected contracts and laws.
������� Choice law That Alone can done with a number of methods,
namely:
1. Choice of Law firm
� On choice law in a way firm these are the parties who entered into
it contract in a way firm and clear determine the laws of which country they
are choose. That matter usually appear in clause governing law or applicable
law, for example reads: this contract will be governed by the laws of
the Republic of Indonesia.
2.
Choice
law in a way quietly
� Beside choice law in a way firmly, parties can also choose
law in a way quietly. For now exists choice law
specifically stated in a way quietly, you can be concluded from Meaning
or provisions, and existing facts in contract. object to choice law in a way
quietly This is if the judge wishes see exists something actual choice
No There is. Therefore that, judge only emphasize to the wishes of the
alleged and put forward parties is the wishes of the parties are fictitious.
3.
Choice
law in a way considered
������� Choice law in a way considered This only is preassumptioniiuris, a rechtsvermoeden.
That is, the judge accepted has happen something choice based on conjectures
law mere. On choice such a law This No can prove according to existing channels.
The judge's allegation is seen handle Enough For maintain that the
parties truly have want enactment something system law certain
4.
Choice
law in a way hypothesis
� In options law in a way the judge's hypothesis works with fiction,
if only pre party has think about the law used, law whichever is chosen by the
parties with method on the contrary. So actually, No There is choice law from
the parties, in fact the judge chooses law the.
������� Based on from description about choice of law or
choice law, then on the agreement outsourcing need be included clause
This. That matter because If happen dispute so Already
determined which law is appropriate with those who have agreed to in the
agreement the.
Language Clause
In the making something
agreement / contract carried out by Indonesian citizens or legal entities with
foreign nationals or legal entity foreign, possibly big language to be
used is Language English or foreign remember Language the is global for
business.
In practice, indeed
Lots perpetrator business that makes contract only in Language english and p the of course Already become things
considered commonplace in the business world. Making or procurement
translation Indonesian instead considered bother because of the parties
must pay cost translation and spending time Because many amount mandatory
agreement translated, esp in transactions big
and involving Lots party. On a transaction big involving Lots party,
amount document created Can consists from various type agreement. Each
agreement these, incl the attachments can consist
from hundreds even thousand page.
Generally, the
perpetrators business thinks that making agreement in Language foreign No will
become problem Because already become common practice done. Besides that use clause Language This done Because based on
principle freedom applicable contract in a way common and existing the
settings are inside Book III of the Civil Code in Article 1338 paragraph (1).
These are the perpetrators business think that obligation use the Indonesian
language contradictory with principal freedom already contracted normal
they hold, that is contract as embodiment freedom the will of the parties
making it contract.
About arrangement
clause Language or language clauses regulated in law Number 24 of 2009
concerning Flag, Language and National Emblem and National Anthem. On the law
the arrange about in making something contract must using Indonesian is
mandatory used in the memorandum of understanding or agreements involving State
Institutions. In terms of This is the law the own a number of objectives for
strengthen unity and oneness nation and Unitary State Republic of Indonesia.
Use Indonesian is one
of them elements contained in Youth Pledge which was born on October 28
1928. Indonesian is stated his position as State language on 18 August 1945
because at the time The 1945 Constitution was ratified as the Constitution of
the Republic of Indonesia. Indonesian has two functions, namely as Language
national and as state language. In his position as State language, Indonesian
works as (Johannes Ibrahim Kosasih, 2019):
1.
Official
Language statehood
2.
Language
of instruction official in institutions education
3.
Official
Language in level relations national for interest planning and
implementation development as well as government
4.
Official
Language in development culture and use development knowledge knowledge and technology
Function furthermore as
the state language, Indonesian is tool level relations national for
interest planning and implementation development as well as government. In
relationship In this case, Indonesian is used No just
as tool mutual communication between government and society broad, and
not just as tool relationship interregional and and
between ethnic group nation, but also as tool internal relations the
same society background behind him social its culture.
One of obligation use
Indonesian has impact wide as regulated in Article 31 paragraph
(1) of the Law Republic of Indonesia Number 24 of 2009 concerning Flag,
Language and National Emblem as well as the National Anthem, which reads:
"Indonesian is
mandatory used in the memorandum of understanding or involving agreement
State institutions, agencies government Republic of Indonesia, institution
Indonesian private sector or individual Indonesian citizens ".
So that based on
conclusion from exposure about clause Language that, that use Indonesian
language on the agreement specifically this outsourcing agreement must hold. If
any agreement made with Language foreign so need made with translation
Indonesian. So that when something moment misinterpretation occurs to
agreement language foreign the then use it is use agreement Indonesian.
Severability Clause /
Clause Separation
In an attempt for
anticipate something circumstances Where provisions or bullet points existing
engagement agreed by the parties contract the it turns out contradictory
with provision applicable law, in general in the something agreement be
included something known clause with clause separateness or in Language
English severability clause. In the clause this is in principle confirm
that If happen agreement agreement
in agreement that has been made agreed the it turns out contradictory with
provision applicable law, then agreed that only bullet points agreement
that is cancelled, temporarily provision other in agreement the will still
applies.
Although implementation
provision This will also be based on implementation principles or provisions
applicable in the country in question choice law agreement, will but presence
clause separateness This showing exists awareness from beginning that freedom
contract owned by each actor business actually overcome by
enforceability from provision state law that regulates it. Inclusion
clause separateness This aim For anticipate
possibility Still happen contradiction law from part existing engagement
agreed the.
By general, clause
separateness This consists of two parts that is:
1. Clause For maintain remainder agreement If court
decide that part certain No can held
2. reform clause stating How the signing parties�
contract will modify the parts that don't can held or precisely delete it.
On agreement outsourcing,
necessary inclusion clause separateness This. That matter because often happen
change about implementation power Work outsourcing This. With inclusion
clause separateness This For protect even aim for anticipate existing
provisions agreed before that when happen changes to the provisions
regulation new legislation No cause agreement the null and void.
Based on from
description on that can concluded, that clause separateness this is on a agreement must There is
especially in agreements Work outsourcing This. That matter because,
that the truth clause This addressed for arrange if there is a number of
provision in contract that's what it turned out to be conflicting and/ or no
applies or order general so only provision the just not applies,
meanwhile other provisions that are not violate law will still binding and
legal for the parties.
Formulation Boilerplate
Clauses in Agreements Outsourcing
Formulation Choice of
Law Clauses in Outsourcing Agreements
On a contract there is
clause choice law, then applicable law for agreement the is law as
designated or chosen by the parties in agreement that, because that has
been agreed by each split party applies as Constitution for, they made it. In
choice law Lots made by the parties and constitutes very important thing in
something agreement. As for some reason Why clause choice law listed on
something agreement:
1.
Fulfilling
the Principle of Freedom Contract
The parties in make
something agreement own each other's interests. Interest the made as base base for do negotiation in determine contents of the
agreement the. Freedom For state will is application principal freedom
regulated contract in Article 1338 of the Civil Code and during fill
agreement the No contradictory with law, morality and order general in
accordance with Article 1337 of the Civil Code.
2.
Reasons
for Legal Certainty
Agreement made by the
parties made in a way valid and valid as Constitution for they made it in
accordance with provisions of Article 1338 paragraph (1) of the Civil Code. So
that agreement the has tie to the parties and must obeyed. In terms of This
shows that certainty law is in the agreement that and certainty law this
is very necessary in something agreement. Certainty law on a agreement covers rights and obligations law from
the parties in tie himself and certainty in implementation his obligations as
well as consequences emerging laws. Certainty law this is also included
certainty on choice the law used For solution case If happen dispute between
the parties.
Benefits of choice law
is for satisfy the parties Because use right basically, nature certainty
Because allows the parties with easy determine the law is to give efficiency
and benefits. Order general and optional law are two hopes very important law
in agreement if happen dispute.
In this outsourcing
agreement necessity include clause choice law based on base law namely 1338 of
the Civil Code matter the reflect application principal freedom contract inside
it. Apart from that, in clause choice law This is elements that make things
easier for the parties If happen dispute between the binding parties
self the without exists difference opinion in determination choice law in
finish existing disputes or happen.
Based on from
description on that can concluded something choice the law on outsourcing
agreements must be included matter the based exists principal freedom contract
under the provisions of Article 1338 of the Civil Code in determine choice law for
finish dispute between the parties.
Formulation of Language
Clauses in Outsourcing Agreements
Agreement is one of
tools used in the business world. Use language at a time agreement is
something very important thing in understand fill from agreement the. At the
moment use Indonesian language in agreements made in Indonesia is something
mandatory thing done. State recognition of Indonesian language confirmed
in Constitution Republic of Indonesia Number 24 of 2009 concerning Flag,
Language and National Emblem and National Anthem, where in consideration
position Indonesian explained:
a
"
That flag, language, and national emblem, as well song Indonesian nationality
is means unification, identity, and being existence the nation that became
symbol sovereignty and honor of the state as mandated
in Constitution of the Republic of Indonesia Number 1945"
b
That
flag, language, and national emblem, as well song Indonesian nationality is
manifestation culture rooted in history struggle nation, unity in
diversity culture, and similarities in realize ambition nation and Unitary
State Republic of Indonesia.
Obligation in the use
of Indonesian is also listed in Chapter II concerning State Languages, section
secondly, the use of Indonesian is mandatory used in regulation legislation
Article 30 which determines use Indonesian is mandatory used in the memorandum
of understanding or involving agreement state institutions, government
agencies Republic of Indonesia, institution Indonesian private sector or
individual Indonesian citizen.
In terms of This use
Indonesian in this outsourcing agreement must do. Use Indonesian
language on the outsourcing agreement here as form honor
and as identity as Indonesian citizens in make agreement. If an agreement is
made with Language foreign so in matter This necessarily made translation
agreement with Indonesian. If any moment Later happen misunderstanding to
Language foreign the then that's what happened guidelines is Indonesian.
Formulation of
Severability Clause Severability in Outsourcing Agreements
At the moment Not yet
There is regulation governing legislation regarding procedures
formulation something agreement. However, as for provision regulation enacted
legislation guidelines for determine validity something agreement. The
provisions in question namely Article 1320 of the Civil Code. In art the give
four element it's important that something agreement can said legitimate in the
eyes Indonesian law. In the fourth element determine something condition
validity A agreement is something lawful reasons. It
means all something promised to someone agreement No can contrary to the
provisions law, morality and order general. In order to anticipate happen
nonconformity with provision legislation then on the agreement must include
clause separateness or so -called with severability clause.
Severability clauses or clause separateness
This is part from condition legitimate validity something agreement. In clause
This arrange about If there is contradictory things with the norm then
contradictory elements that's what it�s not used whereas fill agreement
that is not contradictory with fixed norms Can held. That matter No make
something agreement made by the parties No null and void.
In systematics Civil
Code about cancellation to part agreement or the severability clause does not arrange.
However thereby cancellation part accepted if reason cancellation only
influence condition That Alone so that consequence cancellation the will
limited only reach condition these, except with consider situation at the time
That that is No reasonable for maintain contract for so on other. Inclusion
clause severability This is very important in the agreement Work outsourcing.
That matter because moment This often happen change to governing
provisions about outsourcing so that avoid from happen
contradiction with existing norms.
Principle of Balance in
Agreements Outsourcing
Principle of Balance
Between Workers with an Outsourcing Company
Formulation something
agreement between the parties must provide balance of the parties therein.
Balance is something principles intended to harmonize institutions laws
and principles principal law known agreement in law based civil law
thoughts and background behind individualism on a parties and methods think the
Indonesian people on their side other. The theory of balance proposed in the
book Herlien Budiono entitled "The Principle of
Balance for Indonesian Contract Law", namely If seen from corner look
sociology law, that relations and mutual interests between individuals and
society must exist in circumstances balance so that objective lasting
peace can achieved. With This intended that situation No balanced will
impact to validity agreement; principal balance refers to the foundation
justification from something agreement.
If related with principal
balance between outsourced workers with outsourcing agency is birth rights and
obligations from agreement made between power outsourcing work
with this outsourcing agency. Own outsourced workforce is under
supervision and under shade from outsourcing agency. So that in the making
agreement between power outsourcing work with outsourcing agencies must balance.
Balanced which means agreement made No heavy adjacent.
Connection Work between
outsourced workers with outsourcing agencies have connection the law therein.
The outsourcing company look for power future outsourcing work will employed on the side third in accordance qualifications
requested by the party third. Balance of the parties here is power Work must
own qualification in accordance with qualifications requested by outsourcing
parties while outsourcing companies must give training to power
Work and pay wages in accordance with calculation wages already
agreed at the start.
Principle of Balance
Between Outsourcing Companies with the Giving Company Work
The principle of
balance introduced by Herlien Budiono, provides base
from new foundation dug from nature, philosophy, values and norms of the
Indonesian nation. Being from principal balance This is balance position
between the binding parties himself. In fulfillment principal balance on
a the employment agreement must provide equal position,
especially in terms of rights and obligations between the parties the.
Cooperation agreement
between company outsourcing with company the employer is very common
thing done moment This. In order to do efficiency by the company employer
then switching to using outsourced labor Power This. So that in use
transfer workforce Power this must be done with base cooperation
agreement entered into by the company outsourcing with company the
employer. So that company outsourcing and enterprise the employer
has connection law.
Linking with principle balance, that cooperation agreement between
company outsourcing must deliver workforce accordingly
qualifications required by the company employer. Apart from that, the company outsourcing
will responsible answer fully with outsourced workforce placed in
the company the employer. Apart from that, the company employers
are also in frame apply principle balance it must be paid wages according to
agreement that has been made agreed the.
Based on from
description on that company outsourcing with company the employer has
connection law with based with cooperation agreement made between they. There
are obligations that need to be carried out by the parties in frame apply principal
balance according to the meaning expressed by the mother Herlien
budiono the.
Principle of Balance
Between Workers Outsourcing with the Giving Company Work
Balance can also be
done interpreted as things that are based on effort outsourcing reach
something circumstances balanced which as consequence from it should emerge
diversion riches in a way valid (Herlien Boediono, 2015). Agreement is product law, if product law
There is disabled justice so objective law No achieved. To achieve justice the
balance position economy and position bargaining between the parties absolute
exists in frame give birth to fill fair agreement. No just implied and
explicit agreement in agreement, but more from that agreement it must
reflect interest together as demands will together.
In order to apply principal
balance in relationships between workforce with company employers, there
are rights and obligations that need to be fulfilled although between the
parties the No own connection law. The rights and obligations in question is outsourced
workforce works accordingly qualifications and appointment to
the agreed position at the beginning with company outsourcing with
company internal employer agreement. Whereas company the employer is
obliged in give suitable work agreement at the beginning or not give
related work with work main from employee company the.
Due No exists
connection law between worker outsourcing with company employer, if
happen losses caused by the workforce then that's responsible responsible for losses the is
company outsourcing. That matter because company employer with
workforce at all No There is connection law so too if workforce
experiences problems caused by the company employer.
Based on from
description on that principal balance between outsourced workforce
with company employer though No exists connection law still have to
apply principle balance the. Because it remains There is rights and obligations
that must be carried out by the parties This is caused by agreements made by
the company both employers and company outsourcing and manpower outsourcing
the.
Outsourcing regulations are governed by Article 64 of Law Number
13 of 2003 on Employment, which mandates that outsourcing
arrangements are formalized through written employment agreements, either as
work chartering agreements or service provision contracts. Key clauses must be
included in these agreements, and in practice, the execution of outsourcing
provisions refers to Government Regulation Number 35 of 2021 concerning
Specific Time Agreements, Outsourcing, Working Time, Rest Time, and Termination
of Employment (PP No. 35 of 2021). Despite ambiguities regarding which tasks
may be outsourced, the Job Creation Law and PP No. 35 of 2021 modify Article
66, Paragraph 3, of the Employment Law, requiring that agreements for
outsourced workers in the PKWT form include a TUPE (Transfer of Undertaking
Protection of Employment) clause to safeguard workers' rights. Boilerplate
clauses, such as Choice of Law, Language Clause, and Severability Clause, are
essential in outsourcing agreements to ensure a shared understanding and legal
balance between parties. The formulation of such agreements must establish
equitable obligations for both outsourcing companies and employers. Although
there is no direct legal relationship between outsourced workers and the
employer, both parties must observe the principle of balance, with rights and
obligations derived from the cooperation agreement made between the employer
and the outsourcing company. This principle upholds the legal protections and
responsibilities agreed upon, ensuring fair treatment for outsourced personnel
and alignment with Indonesian labor standards.
Agustina, D. (2019). The impact
of tourism on local job creation. Journal of Economics and Tourism, 6(2),
125-138.
Astuti, D. (2021). Sustainability
efforts in Indonesian tourism parks. Journal of Environmental Sustainability,
6(2), 134-150.
Hidayat, R., & Fajri, N. (2020). Impact of environmental pollution on
Indonesian wildlife. Journal of Environmental Science, 8(4), 242-259.
Kartono, S. (2021). Indonesian
constitutional mandates in economic development. Indonesian Law Review, 11(3),
55-72.
Kusuma, I. (2019). Outsourcing
practices in Indonesian tourism industry. Journal of Employment Law, 4(1),
77-92.
Lestari, Y., & Hartono, J.
(2019). Organizational structures in Indonesian conservation parks. Journal of
Business Management, 10(3), 98-112.
Nasution, A. (2017).
Understanding the Indonesian tourism law and its effects. Southeast Asian Law
Journal, 3(1), 35-49.
Pranoto, I. (2018). Tourism business classifications
and their economic impact. Indonesian Tourism Review, 8(1), 63-78.
Pratama, R. (2020). Bird conservation strategies at
Bali Bird Park. Conservation Journal of Indonesia, 11(3), 88-95.
Purwanto, Y., & Iskandar, D.
(2019). Regulations supporting private tourism industry growth. Asian Journal
of Law and Economics, 5(4), 233-245.
Putra, G., & Saraswati, L.
(2019). Cultural impacts on tourism business development in Bali. Journal of
Cultural Economics, 7(3), 29-41.
Putra, G., & Saraswati, L.
(2020). Role of Bali Bird Park in tourism and conservation. Indonesian Tourism
and Culture Journal, 7(1), 115-128.
Rahmawati, N. (2018). Economic
welfare in Indonesia�s national constitution. Economic Studies Journal, 10(4),
103-115.
Rahmawati, N. (2020). Efficient
workforce strategies through outsourcing. Journal of Tourism Employment, 9(2),
63-80.
Santoso, J. (2021). Tourism
attractions in Bali: A focus on Bali Bird Park. Indonesian Economic Journal,
12(2), 45-60.
Santoso, J., & Hadi, M.
(2020). Natural resources as tourism assets in Indonesia. Environmental
Economics and Policy Journal, 15(2), 78-95.
Santoso, L., & Hadi, M.
(2019). Environmental impacts on biodiversity in Bali. Environmental Studies
Journal, 7(3), 73-88.
Saputra, A., & Nugroho, B.
(2021). Article 4 of the Tourism Law and its implications for local economies.
Journal of Public Policy, 7(1), 100-115.
Satria, R. (2020). Awig-awig: Customary land use regulations in Bali tourism.
Journal of Cultural and Environmental Studies, 12(2), 44-59.
Setiawan, H., & Nugroho, D.
(2021). Provisions on outsourcing in the Indonesian employment law. Employment
Policy Journal, 5(1), 91-104.
Setiawan, I. (2020). The
outsourcing framework within Indonesian law. Journal of Indonesian Law, 5(4),
50-64.
Soetjipto, A., & Hadiyanto, L. (2019). Tourism
business and the entertainment industry in Indonesia. Southeast Asian Business
Studies, 9(1), 14-27.
Subekti, A. (2019). Economic democratization in
Indonesian constitutional law. Legal Journal of Southeast Asia, 3(3), 188-203.
Subekti, T. (2019). Legal considerations in
outsourcing agreements. Indonesian Law and Business Review, 3(4), 135-149.
Sukmawati, E. (2019). Employee roles in Bali Bird
Park's operational success. Southeast Asian Tourism Review, 8(1), 34-48.
Sukmawati, N. (2019). Recreational Park workforce
dynamics in Indonesia. Southeast Asian Labor Studies, 5(2), 107-120.
Suyatna, R., & Widyaningsih,
F. (2020). Globalization�s effects on Indonesian business progress. Global
Economic Perspectives, 12(4), 255-267.
Tanjung, R., & Haryanto, J.
(2019). Legal frameworks for recreational park businesses. Journal of Tourism
Law, 4(2), 92-107.
Tourism Ministerial Regulation
No. 27, 2014. Recreational Park business and attraction guidelines.
Wijaya, A. (2019). The role of
Bali Bird Park in Indonesian tourism. Tourism Management Journal, 14(1),
98-110.
Wijayanto, P. (2021). Bali's traditional land
management in tourism development. Journal of Tourism Studies, 13(3), 93-108.
Widodo, B. (2020). Employment law
and outsourcing practices in Indonesia. Indonesian Employment Law Review, 6(2),
55-70.
Wiratama, B. (2017). Private sector involvement in
tourism industry management. Indonesian Business Review, 5(1), 78-90.
Wiratama, B. (2020). Indonesia's tourism industry and
conservation challenges. Asian Conservation Journal, 11(2), 121-135.
Wulandari, S. (2020). Outsourcing
in Indonesian tourism parks: A regulatory perspective. Employment Law and
Tourism, 7(1), 88-101.
Yahya, A., & Basuki, T.
(2016). Government policy in tourism development. Indonesian Economic Journal,
9(2), 202-214.
Yulianto, H. (2021). Local
economy and tourism expansion in Indonesia. Regional Development Review, 8(1),
44-60.
Yusran, I. (2019). Indonesia�s tourism industry and
economic democracy. Journal of Economic and Political Science, 4(3), 121-137.
Yusran, I. (2019). Tourism management in Indonesian
recreational parks. Southeast Asia Business Journal, 9(2), 144-159.