Merlien Irene Matitaputty
Faculty of Law, Universitas Pattimura, Maluku, Indonesia

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Legal Regulation of Working Hours and Minimum Wage in Fulfilling Workers’ Rights in Ambon City Tiara Islamiati Tuny; Marthinus Johanes Saptenno; Merlien Irene Matitaputty
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 4 (2026): December (In Progress)
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i4.12829

Abstract

The fulfillment of workers’ rights to working hours and the minimum wage constitutes an integral component of labor law protection guaranteed by the 1945 Constitution of the Republic of Indonesia and applicable labor regulations. The regulation of working hours and the minimum wage is fundamentally aimed at providing legal certainty, preventing worker exploitation, and guaranteeing a decent living for workers. However, in practice within Ambon City, issues regarding the fulfillment of these rights persist. For instance, workers in the Free Nutritious Meal (Makanan Bergizi Gratis or MBG) program in Ambon City work up to 12 hours a day without receiving overtime pay, while employees at PT Milion Limbah receive wages of only around IDR 200,000 to IDR 300,000 per month, which is significantly below the Ambon City Minimum Wage (UMK). This condition highlights a gap between legal regulations and their implementation in industrial relations. This study employs a normative legal research method utilizing a statutory approach, a conceptual approach, and a case approach. The legal materials comprise primary, secondary, and tertiary legal sources, which were analyzed by correlating them with justice theory, legal effectiveness theory, law enforcement theory, as well as relevant legal principles and norms. The findings indicate that the legal regulation of working hours and the minimum wage normatively possesses a solid legal foundation under the 1945 Constitution of the Republic of Indonesia, Law Number 13 of 2003 on Manpower as amended by Law Number 6 of 2023, and their implementing regulations. Nonetheless, the fulfillment of workers’ rights in Ambon City has not been substantively realized. Based on the analysis of justice and legal effectiveness theories, a gap between legal norms and practice persists, driven by weak labor inspection, limited supervisory personnel and facilities, weak bargaining power among workers, and a legal culture wherein the public tends to remain passive in reporting violations. Therefore, strengthening labor inspection to be more proactive, enhancing protection for workers in informal and project-based employment relationships, and formulating wage policies that better account for the economic conditions and characteristics of archipelagic regions like Ambon City are necessary.