PENEGAKAN HUKUM TERHADAP PELAKU YANG MEMBAYAR UPAH PEKERJA/BURUH DI BAWAH UPAH MINIMUM DI WILAYAH PROVINSI RIAU
Abstract
Wage is the right of the Worker/Labourer that is received and expressed in
the form of money as a reward from the Employer or employer to the
Worker/Labourer which is determined and paid according to a work agreement.
agreements, or laws and regulations, including allowances for
Workers/Labourers and their families for a job and/or service that has been or
will be performed. In the provision of wages for workers/labor by employers,
violations often occur. One of the violations committed by employers is to give
workers/laborers wages below the minimum wage. whereas in Article 88 E
paragraph 2 of Law Number 11 of 2020 concerning Job Creation it is clearly
stated that; “Entrepreneurs are prohibited from paying wages lower than the
minimum wage, and the sanctions are contained in article 185. From 2020 to
2022 there were 10 complaints that went to the Riau provincial manpower office
supervisor regarding wage violations.The purpose of this study is to find out how
the law enforcement process is carried out by labor inspectors against wage
violations committed by employers, what are the obstacles to labor inspectors,
and to know the efforts made to overcome the wage problem. In addition, this
study also examines the role of labor law in solving industrial relations problems.
From the results of the research discussion, it can be concluded that the
position of labor law in the Indonesian national legal system can theoretically be
separated into 3 fields, namely the administrative field, the civil field, and the
criminal field. But in practice it must be run simultaneously because it relates to
one another. The legal relationship carried out by workers/laborers with
employers is included in the field of civil law. However, during the process of
making, implementing, and ending the relationship, the government is supervised
in order to carry out its 3 functions. If during these processes there are violations
(not in accordance with applicable regulations), then criminal sanctions can be
applied.
Keywords: Law Enforcement – Wages of workers/laborers below the minimum
wage – Labor inspectors - Riau Province
the form of money as a reward from the Employer or employer to the
Worker/Labourer which is determined and paid according to a work agreement.
agreements, or laws and regulations, including allowances for
Workers/Labourers and their families for a job and/or service that has been or
will be performed. In the provision of wages for workers/labor by employers,
violations often occur. One of the violations committed by employers is to give
workers/laborers wages below the minimum wage. whereas in Article 88 E
paragraph 2 of Law Number 11 of 2020 concerning Job Creation it is clearly
stated that; “Entrepreneurs are prohibited from paying wages lower than the
minimum wage, and the sanctions are contained in article 185. From 2020 to
2022 there were 10 complaints that went to the Riau provincial manpower office
supervisor regarding wage violations.The purpose of this study is to find out how
the law enforcement process is carried out by labor inspectors against wage
violations committed by employers, what are the obstacles to labor inspectors,
and to know the efforts made to overcome the wage problem. In addition, this
study also examines the role of labor law in solving industrial relations problems.
From the results of the research discussion, it can be concluded that the
position of labor law in the Indonesian national legal system can theoretically be
separated into 3 fields, namely the administrative field, the civil field, and the
criminal field. But in practice it must be run simultaneously because it relates to
one another. The legal relationship carried out by workers/laborers with
employers is included in the field of civil law. However, during the process of
making, implementing, and ending the relationship, the government is supervised
in order to carry out its 3 functions. If during these processes there are violations
(not in accordance with applicable regulations), then criminal sanctions can be
applied.
Keywords: Law Enforcement – Wages of workers/laborers below the minimum
wage – Labor inspectors - Riau Province
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