CD Skripsi
Penegakan Hukum Terhadap Pelaku Yang Membayar Upah Pekerja/Buruh Di Bawah Upah Minimum Di Wilayah Provinsi Riau
ABSTRACT
Wage is the right of the Worker/Labourer that is received and expressed in the form of money as a reward from the Employer or employer to the Worker/Labourer which is determined and paid according to a work agreement. agreements, or laws and regulations, including allowances for Workers/Labourers and their families for a job and/or service that has been or will be performed. In the provision of wages for workers/labor by employers, violations often occur. One of the violations committed by employers is to give workers/laborers wages below the minimum wage. whereas in Article 88 E paragraph 2 of Law Number 11 of 2020 concerning Job Creation it is clearly stated that; “Entrepreneurs are prohibited from paying wages lower than the minimum wage, and the sanctions are contained in article 185. From 2020 to 2022 there were 10 complaints that went to the Riau provincial manpower office supervisor regarding wage violations. The purpose of this study is to find out how the law enforcement process is carried out by labor inspectors against wage violations committed by employers, what are the obstacles to labor inspectors, and to know the efforts made to overcome the wage problem. In addition, this study also examines the role of labor law in solving industrial relations problems. From the results of the research discussion, it can be concluded that the position of labor law in the Indonesian national legal system can theoretically be separated into 3 fields, namely the administrative field, the civil field, and the criminal field. But in practice it must be run simultaneously because it relates to one another. The legal relationship carried out by workers/laborers with employers is included in the field of civil law. However, during the process of making, implementing, and ending the relationship, the government is supervised in order to carry out its 3 functions. If during these processes there are violations (not in accordance with applicable regulations), then criminal sanctions can be applied. The law enforcement process carried out by the labor inspector has been going well, it's just that in this case of wage violations there has not been one case that has reached the court stage, meaning that the criminal sanctions that have been regulated in article 185 of the 2020 Job Creation Law have never been applied. so as not to cause a deterrent effect or fear for employers not to commit violations against workers/labor.
Keywords: Law Enforcement – Wages of workers/laborers below the minimum wage – Labor inspectors - Riau Province
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