Comparative Analysis of the Fulfillment of Outsourcing Workers’ Rights and Permanent Workers' Rights from the Perspective of Law No. 6 of 2023 on Job Creation (Study at Indomaret Fresh Medan)

Abstract

The dynamics of employment in the modern retail sector often pit operational efficiency against the protection of workers' normative rights, creating structural vulnerabilities for outsourcing labor. This study conducts a realistic comparative examination of rights fulfillment between outsourcing workers and permanent workers at Indomaret Fresh Medan, focusing on the gaps between state regulations and corporate implementation. The legal framework includes Law No. 13 of 2003 on Manpower, Law No. 11 of 2020 on Job Creation (later revised and re- enacted as Law No. 6 of 2023 on Job Creation), and Government Regulation No. 35 of 2021. The research employs an empirical juridical method with a descriptive qualitative approach. Primary data were obtained through participatory observation and in-depth interviews with respondents at the Indomaret Fresh Rajawali Simpang Gatot Subroto unit. The findings reveal significant disparities in treatment, with rights fulfillment for permanent workers being more adequate compared to outsourcing workers, who remain far below legal compliance standards. Key findings indicate systematic violations of Articles 93 and 85 of the Manpower Law, where neither category receives fixed allowances (meal and transportation benefits), alongside prevalent unpaid overtime practices averaging 4 to 5 hours per day. Additionally, the uncertainty of employment relations due to fixed-term contracts for outsourcing workers contributes to high turnover rates and work demotivation. The study concludes that corporate efficiency policies have overlooked distributive justice principles, necessitating interventions through periodic audit-based labor supervision and internal corporate policy reforms to ensure equitable legal certainty