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All Journal Journal Indonesia Law and Policy Review (JILPR)
Murti, Ria Trisno
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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BURDEN OF PROVING WORK ABSENCE IN OVERTIME WAGE CLAIMS Nadaek, Nason; Hambali, Ahmad; Murti, Ria Trisno
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.613

Abstract

Overtime pay demands occur when a company employs its workers to work overtime, but the workers are not given overtime pay, so that the workers are forced to make a report or complaint to the labor inspector, to be examined as a basis for making calculations and determinations, because overtime pay is a right guaranteed by Article 78 paragraph (2) of Law No. 6 of 2023. In practice, overtime pay claims are very difficult to obtain, because labor inspectors who handle complaints always place the burden of proof on the workers who file complaints or demands. The main evidentiary document that must be proven in overtime pay claims is work attendance. Considering that work attendance only exists within the company, the burden of proof placed by labor inspectors on workers is the wrong burden of proof, because how can a party who does not have evidence be burdened to prove it.
Co-Authors Ahmad Hambali, Ahmad Nadaek, Nason