The Existence of Trade Union on the Implementation of Outsourcing Worker Policy in the Rights of Labour: Case from Indonesia

: The form of deviation in the application of outsourcing policy and the system of work agreement for a certain time include: (1) the company has not classified the core and noncore business; (2) outsourcing workers and contract workers are not included in the worker's social security program, (3) outsourcing workers have no job security, career guarantees, and continuity of work; and (4) the tendency of job hire companies and employment service providers to pay wages lower than the regency minimum wage. Irregularities in the implementation of outsourcing policies led to conflicts of interest, disharmonious organizational communication, and mistrust of workers towards management. This problem triggerred demonstrations and strikes by workers and trade unions. On the other hand, supervision and guidance from the local manpower office had not been effective. Therefore, the role and existence of trade unions were necessary to fight for workers 'rights and legal certainty to protect workers' rights. The results of this study revealed the existence of trade unions through mass demonstrations nationally and to reject the outsourcing system can pressure the East Java Governor to conduct a moratorium on outsourcing and the Indonesian government to design Omnibuslaw outsourcing. On the one hand, Omnibuslaw aims to facilitate the outsourcing system and on the other hand provides a favorable compensation for workers in the form of a pension guarantee. Previous research showed that trade union advocacy on the implementation of the Law of the Republic of Indonesia No. 21 of 2000 produced a model of trade union advocacy and the role of trade unions in determining district minimum wages. This research was a downstreaming from previous research conducted at employer companies, union outsourcing companies, and labour agencies in East Java.


Introduction
Law of the Republic of Indonesia Number 13 of 2003 concerning Employment and Trade Unions states that the function of trade unions is to be a good mediator between companies and workers or labourers and to fight for the welfare of workers or labourers and their families. Implementation of the function of trade unions is as social control of the implementation of labour laws and regulations carried out by related parties, namely companies and workers or labourers. The issue of employment in Indonesia is very complex, especially the problem of outsourcing. Until now, in Indonesia, there is no basic standard model of proper outsourcing implementation.
Increasing competition in international and national markets and the high annual minimum wage increases of districts make companies have to carry out efficiency in all fields and transfer part of the work to the second party to provide workers or labourers who carry out work received from employer companies; so the employer company is more focused on company development and marketing expansion. Outsourcing is an effort of the company by using assistance from other companies to do work that supports the business and get maximum profit [8].
Outsourcing labour has long been developing in Indonesia, especially in the form of contracting jobs in the mining sector. Then, outsourcing develops in other sectors, such as industry, trade, hospitality, cleaning services, security, and hospitals [4]. This development resulted in the issuance of the Decree of the Minister of Trade of the Republic of Indonesia Number 264 / KP / 1989 concerning Management of Subcontracting in the Nusantara Bonded Zone [11]. In general, the rate outsourcing application in the world in the globalisation era in industry 4.0 has increased sharply. Therefore, BARTKUS and JUREVICIUS refer to the industrial era 4.0 as THE AGE OF OUTSOURCING [6].
The problem of outsourcing is very complicated. On the one hand, the outsourcing system benefits the company. However, on the other hand, outsourcing is considered detrimental to workers because the outsourcing system in Indonesia does not provide future insurance. The outsourcing work agreement uses a specific time employment agreement. After expiring, the employment contract can be extended once. After that, the work period cannot be extended anymore. Thus, in an outsourcing system, there is no tenure, no future insurance, no employment insurance, and no legal certainty. Trade unions as social control and workers' or workers' organisations fighting for the welfare of workers and their families consider that the outsourcing system is very detrimental to workers or workers who have no bright future. The outsourcing system in Indonesia is implicitly regulated in Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower Article 64, Article 65 and Article 66. The regulation states that the company can delegate part of the work to other companies through a written agreement on the employment contract or the provision of workers' services or labourers made. Unions consider Law Number 13 of 2003 which does not state a binding relationship between an outsourced worker and an outsourcing user company is an indication of an unfavourable legal relationship between the outsourcing worker and the outsourcing user company. Regulation of the Minister of Manpower and Transmigration of the Republic of Indonesia Number 19 of 2012 Article 14 and Article 17 states that outsourced workers are only bound to work relationships with employment contracting companies. This phenomenon is a form of obscurity or vagueness of norms that need to be reviewed in terms of legal certainty in terms of implementing outsourcing systems for harmonious industrial relations.
Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower states that the type of work that can be transferred by the employer to the provider of labour or labourers who receives work is work that is not the primary job (core business) but supporting work. However, in reality, the outsourcing worker does the main work, and the outsourcing company does not register a specific time work agreement between outsourcing companies and workers or labourers to the local labour service. The union suspected that the outsourcing company was intentionally not registering the specified time employment agreement for fear that the labour agency did not approve the outsourcing agreement with the employer because the outsourcing worker was working on core business. Most companies providing workers or labourers employ workers continuously. This condition caused a strong reaction from the union. Then, there were protests of workers or workers together with trade unions or labour organisations. The wave of protests that rejected the outsourcing system in Indonesia has not stopped since the Law of the Republic of Indonesia Number 13 of 2003 concerning Labour was established. As a result, the situation is increasingly not conducive, and industrial relations are not harmonious, many companies relocate to other countries, more and more unilateral termination of employment, and more unemployment and crime increases. Deviations in the implementation of the outsourcing system affect the performance of workers or labourers, low work motivation, and high burnout rates [2]; [12]. The

Methods
This research was phenomenological research using descriptive qualitative method. The purpose of this study was to analyse the existence of trade unions as a social control over the implementation of outsourcing following Law No. 13 of 2003 article 64, article 65, and article 66 and regulation of the Minister of Manpower and Transmigration Number 19 of 2012 article 14 and article 17 for creating harmonious industrial relations [5]. The objects of this research were the employer companies, labour service providers, job contracting companies, trade unions, Indonesian employers' associations, and workers. Data was collected through indepth interview triangulation [9], expert surveys, and reputable international journals [3]. Data were analysed descriptively qualitatively and empirically juridical to support the originality of the study.

Result
This study aimed to determine and analyse the existence of trade unions in addressing the implementation of outsourcing in Indonesia, especially in the city of Surabaya. The results of this research resulted in 5 forms of union that exists in the implementation of outsourcing, namely: 1

. Reject Outsourcing System
The legal basis governing the implementation of the outsourcing system, namely: a. The legal basis governing the implementation of the outsourcing system, namely: b. "It is a supporting activity for the company as a whole, meaning that the activity is an activity that supports and facilitates the implementation of main activities in accordance with the workflow process of the work implementation determined by business sector associations formed in accordance with statutory regulations." Nevertheless, in reality, many employer companies transfer the implementation of main work (core business) to the provider of workers or labourers. Marjuki, SH., Deputy Chairperson of the Board of Directors of the All-Indonesian Trade Union Branch of Surabaya, claimed that: "The case of irregularities in the outsourcing system at the Unilever Company that I filed with the Transmigration Manpower Office of the Republic of Indonesia, East Java Province, occurred. The work that is transferred by the Unilever company to an outsourcing company is the main work, not supporting work." He asserted further: "The flow of the work implementation process determined by the Business Sector Association does not yet exist. This business sector association is established only through a notarial deed. Employers and labour providers can utilise this. It is easy to get an appointment from a business sector association because companies can negotiate with business sector associations. This is the weakness of the conditions for the partial transfer of work to other companies." Similarly, Dendi stated: "Most of the companies providing Manpower Services do not include their workers as participants in the Social Security Organizing Agency. Even if registered, only as participants accident insurance and life insurance. For retirement benefits, workers or labourers are not included. If it is like this, it means that workers with outsourcing systems do not have retirement benefits, workers are disadvantaged. Salary payments are also many below the district minimum wage. There is even a difference between the salaries of permanent workers and the salaries of contract workers." Irregularities in the implementation of the outsourcing system include: (1) work that is transferred to a labour service provider company is the core business; (2) the type of supporting work submitted to the contracting recipient company is not reported by the employer to the regency/city manpower service; the recipient company does not register (3) certain time work agreements to the district/city labour agency; (4) workers or labourers are not included as participants in the Social Security Organizing Body, so there is no retirement insurance; (5) there is wage or salary discrimination between permanent workers and workers or contract labourers or outsourcing systems; (5)   The existence of trade unions/labour unions is very influential on the success of the settlement of rights disputes and conflicts of interests. Most of the education level of workers/labourers in Indonesia, especially in the city of Surabaya, is still low. Most only graduated from elementary school and junior high school. Understanding of labour legislation is also still very little or low, so workers or labourers need to get protection and assistance, especially when workers or labourers with outsourcing systems are disadvantaged by the employer receiving a job contract [10] 3

. Moratorium of Labour Service Providers
Because there are so many irregularities in the implementation of the outsourcing work system, the union conducts mass demonstrations nationally every year. As a result, the labour situation in Indonesia, especially the city of Surabaya, is increasingly not conducive. All trade unions in East Java exerted enormous pressure with mass demonstrations in front of the East Java Governor's Office. Due to the intense pressure and demand to reject the outsourcing system, the Governor of East Java issued a moratorium. From this situation, the government needs to be present in the law and provide amendments to the changes in the legislation related to the outsourcing system so that it has a strong legal force. This condition motivated the union to show the existence of the union urging the Governor of East Java to conduct an outsourcing moratorium in 2015.

As a Social Control to Criticise Government Policies That Do Not Defend Workers
Suwono, head of the management unit of the "Trade unions and workers are waiting for Omnibus Law outsourcing. The government is trying to facilitate the implementation of outsourcing by providing rules that have legal force for workers and providing a pension for workers or labourers. If this is the case, trade unions and workers or labourers in Indonesia will support and implement the regulations on the outsourcing work system as well as possible. Now unions and workers are waiting for Omnibus Law outsourcing." Leli Siregar, SH., MH., Regional Coordinator for Civil Servants Supervisors of the East Java Manpower and Transmigration Office stated: "There is indeed a moratorium on outsourcing in East Java in response to the demonstration by the Trade Union. However, no registration can be done online nationwide. Means, this provides an opportunity for labour service providers to register their companies. Regional regulations cannot defeat the regulations above that apply nationally. Therefore, omnibus law outsourcing is needed to solve problems in the outsourcing system." On the other hand, the existence of unions is needed to oversee so that the omnibus law outsourcing will be better, and there is a definite legal guarantee. Research into the existence of trade unions in the implementation of outsourcing policies to fight for workers' rights is in line with Baatartogtokh research on the implementation of outsourcing in Canadian mining companies. He found that the outsourcing system only did work that was not directly related to the production process. The purpose of mining companies in Canada to use an outsourcing system is to do supporting work to improve efficiency and the need for skills and knowledge that the company lacks. The existence of trade unions to educate and assist workers can motivate workers or labourers to work with discipline and create harmonious industrial relations [1].
The results of this study are in line with research conducted by Rahim in Malaysia who found that in the outsourcing system in Malaysia, employment relationships are outlined in contractual agreements between employer companies in Malaysia and labour supply companies from various countries namely Bangladesh, Indonesia, Thailand, India, China, Sri Lanka, Pakistan and Vietnam. Thus, there is no legally binding work relationship between employer companies in Malaysia and workers who do the work provided [10].

Conclusion
Strengthening the Government's Role includes two things. First, supervision that ensures that the implementation of outsourcing policy is in accordance with the provisions of the Law of the Republic of Indonesia Number 13 of 2003 and its derivative regulations. Second, enforcement of violations of outsourcing policies is carried out firmly and fairly following applicable regulations. However, the most essential role of government is prevention through coaching, character education and training.
Strengthening the existence of trade unions includes three things. First, fighting for the rights of workers' normative rights according to the Law of the Republic of Indonesia Number 13 of 2003 implemented by companies providing labour services correctly and adequately. Second, reject the outsourcing system that does not obey the regulation of the Minister of Manpower and Transmigration No. 19 of 2012. Third, reject all forms of legal products that are not in favour of workers or labourers.