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KONSEP HUKUM KETENAGAKERJAAN DALAM HAL PEMBERIAN SANKSI HUKUM TERHADAP PERUSAHAAN YANG MEMBAYAR UPAH DI BAWAH STANDAR MINIMUM Dewi Pratiwi, Meirina; Erniwati, Erniwati; Jhoni, Jhoni
Justici Vol 16 No 2 (2023): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v16i2.703

Abstract

Abstract The policy of setting minimum wages within the current framework of wage protection still encounters many obstacles as a result of the non-availability of uniformity of wages, both regionally/provincially or districtly/municipally, and provincially or districtly/municipally sectorally, as well as nationally. In setting the minimum wage there are still differences based on the level of ability, nature and type of work in each company, the conditions are different, in each region. The problem in this paper is how legal sanctions are imposed on companies that pay wages below the minimum standard based on the concept of labor law. This study will use a normative juridical approach. The juridical (normative) approach is mainly aimed at obtaining theoretical matters, namely regarding legal sanctions for companies that pay employees wages below the minimum standard. The conclusion of this paper is the legal sanctions against companies that violate agreements the work is subject to civil law sanctions in which an agreement entered into by the parties in relation to a work agreement may not conflict with laws and regulations, namely in this case the Job Creation Law, PP Wages, and Ministerial Regulations/Decisions. Thus, promising wages below the minimum wage is null and void.
KONSEP HUKUM PERDATA TERHADAP PERUSAHAAN YANG MEMBAYAR UPAH DI BAWAH STANDAR UPAH MINIMUM KOTA PALEMBANG MENURUT UNDANG-UNDANG NOMOR 6 TAHUN 2023 TENTANG CIPTA KERJA Erniwati, Erniwati; Jhoni, Jhoni
Justici Vol 17 No 1 (2024): Justici
Publisher : Fakultas Hukum Universitas IBA Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35449/justici.v17i1.775

Abstract

ABSTRACT Determination of the right to wages for workers or laborers in Law no. 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law is determined on the basis of units of output and units of time. Wages are important because wages are the main goal for workers/laborers in carrying out their work. Therefore, the government is also involved in dealing with wage problems. Workers/laborers will work well if they get good wages, therefore, in order for workers to be more productive, there needs to be good wages, so the role of law is very important, namely ensuring protection, especially in terms of providing wages for workers. The research in this paper is normative juridical research. Normative legal research or normative juridical research is library legal research carried out by examining library materials or secondary data. The results of this discussion both support and criticize the government's efforts to establish wage policies as an effort to realize the rights of workers/laborers to a decent living for humanity and is involved in ensuring the provision of legal sanctions for entrepreneurs who violate the laws and regulations in employment.