Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 4 (2026): December (In Progress)

Legal Regulation of Working Hours and Minimum Wage in Fulfilling Workers’ Rights in Ambon City

Tiara Islamiati Tuny (Master of Laws, Universitas Pattimura, Maluku, Indonesia)
Marthinus Johanes Saptenno (Faculty of Law, Universitas Pattimura, Maluku, Indonesia)
Merlien Irene Matitaputty (Faculty of Law, Universitas Pattimura, Maluku, Indonesia)



Article Info

Publish Date
24 Sep 2026

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.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...