PERLINDUNGAN HAK UPAH PEKERJA DALAM SISTEM ALIH DAYA DI PERUSAHAAN MANUFAKTUR PACKAGING INDUSTRY. (Study kasus PT. X Jawa Timur)

Outsourcing has become a common strategy in the modern business world, but its implementation often raises serious issues regarding the protection of workers’ statutory rights, particularly with regard to wages. The tripartite employment relationship involving workers, service providers, and client companies creates layers of responsibility that are not always clear, leaving outsourced workers often vulnerable to practices involving wages below the minimum standard. This study aims to analyze the implementation of wage rights for outsourced workers at PT. X Jawa Timur and to identify the factors causing their protection to remain suboptimal. The method used is a legal-empirical approach with a qualitative descriptive methodology, involving direct interviews with company representatives and a literature review of relevant laws and regulations. The research results indicate that, formally, PT. X Jawa Timur has complied with Law No. 13 of 2003 as amended by Law No. 6 of 2023 and Government Regulation No. 36 of 2021; however, in practice, the wages received by workers vary significantly, and some of them fall below Minimum Wage (UMK) of Rp5,191,541 per month. This situation is caused by three main factors: a legal vacuum regarding the maximum limit on wage deductions for outsourced workers, the weak bargaining position of the outsourcing company relative to the client company, and the ineffective on-site labor inspection. Using Philipus M. Hadjon’s theory of legal protection and the principle of legal certainty as analytical tools, this study concludes that both preventive and repressive protection mechanisms have not been effective in guaranteeing the wage rights of outsourced workers in the packaging manufacturing sector.