Journal of Law, Poliitic and Humanities
Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities

A Criminal Law Review of the Practice of Withholding Employees' Diplomas in the Workplace as a Form of Collateral

Peale, Norman (Unknown)
Kristanto, Kiki (Unknown)
Setyobowo Sangalang, Rizki (Unknown)



Article Info

Publish Date
31 Jan 2025

Abstract

The practice of withholding employees' diplomas as collateral for employment is a common issue in Indonesia. This action has sparked controversy as it is considered a violation of human rights and the Labor Law. This study aims to analyze the criminal law regulations related to the practice of diploma withholding and assess the legal accountability of companies engaging in this practice. The research method used is normative juridical with a literature review approach. The findings indicate that withholding diplomas can be categorized as a criminal offense, especially if done in a way that harms employees or violates their right to seek better employment opportunities. Companies that withhold diplomas may be charged under the Criminal Code (KUHP) for unpleasant acts or embezzlement. This study recommends stronger law enforcement and awareness programs for workers regarding their rights to prevent the practice of diploma withholding.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...