Original Research Article
Year: 2021 | Month: September | Volume: 8 | Issue: 9 | Pages: 57-71
DOI: https://doi.org/10.52403/ijrr.20210910
Law Enforcement against the Implementation of the Provisions Payment of Workers’ Wages is Reviewed from Aspects of Employment Criminal Law
Siti Nurhayati1, Sumarno2
1,2Law Study Program, Social Science Faculty, Universitas Pembangunan Panca Budi, Medan, Indonesia, 20122
Corresponding Author: Siti Nurhayati
ABSTRACT
Wage problems are the most commonly disputed issues between workers and employers, which can result in disharmony in employment relationships. For the workers / workers see wages as a source of income to meet the needs of life and family, while on the part of employers see wages as one of the burdens that must be borne because it is part of the cost of production. Employers who pay wages lower than the minimum wage are part of the criminal law of the employment field. The position of employment law in the field of criminal law needs to be applied so that criminal matters related to employment can be enforced on this civilized and civilized earth. Doctrinal research type, normative juridical. The results obtained from this study that wage payments below the District Sector Minimum Wage (UMSK) are not only sanctioned by the company but also subject to criminal sanctions in accordance with Article 88E paragraph (2) juncto Article 185 of Law No. 11 of 2020 on Copyright Work. The reason for wage payment under UMSK is due to the situation and condition of the company that is not financially able to make a joint agreement between workers / workers and the company can’t be legally allowed The Company has not filed a suspension of wage payments under UMSK to the Department of Manpower and Transmigration, so the Company's actions are contrary to the legislation and null and void and the Court can impose a prison sentence of 2 (two) years in prison and a fine of Rp. 200,000,000.00 (two hundred million rupiah).
Keywords: Law Enforcement, Wage Payment, Criminal Employment.
[PDF Full Text]