ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora
Vol. 1 No. 4 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora

Rekonstruksi Kebijakan Pengupahan Berbasis Keadilan Distributif: Telaah Normatif terhadap Perlindungan Pekerja Berupah Rendah

Atmari Atmari (Universitas Sunan Giri)
Sudjai Sudjai (Universitas Sunan Giri)
M Sifa Yulianis (Universitas Sunan Giri)



Article Info

Publish Date
30 Oct 2023

Abstract

Wages constitute an essential instrument for worker protection and a mechanism for the distribution of welfare within industrial relations. However, wage policies in Indonesia remain largely oriented toward compliance with minimum wage standards and the pursuit of economic stability, thereby failing to fully ensure justice for low-wage workers. This study aims to analyze the normative construction of wage policy within the Indonesian labor law system, examine its limitations from the perspective of distributive justice, and formulate a reconstruction of a more equitable wage policy framework. This research employs a normative legal method using both the statute approach and the conceptual approach. Legal materials were analyzed qualitatively through a prescriptive method to develop legal arguments and policy recommendations. The findings reveal that the existing wage system is still dominated by a formalistic paradigm that regards compliance with minimum wage regulations as the primary indicator of worker protection. Such an approach has not adequately addressed the welfare concerns of low-wage workers and does not fully reflect the principles of distributive justice. Therefore, a reconstruction of wage policy is required through strengthening the orientation toward a living wage, integrating welfare indicators into wage formulation, providing affirmative protection for low-wage workers, and enhancing worker participation in policy-making processes. Such reconstruction is expected to promote a wage system that is more equitable, substantive, and welfare-oriented.

Copyrights © 2023






Journal Info

Abbrev

ALADALAH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora is published by Islamic Sharia College Nurul Qarnain, Jember, East Java, Indonesia. The journal publishes articles of interest to education practitioners, teachers, education policy makers, and researchers. This journal encompasses research ...