Law Enforcement Against Payment of Wages Below the Minimum Wage

DOI

10.2991/978-2-38476-164-7_32How to use a DOI?

Keywords

law enforcement; criminal acts; employment; PPNS; minimum wage

Abstract

Payment of wages below the minimum wage is an employment crime that is classified as a crime. This shows how important it is for employers to pay attention to the wages set by the Government. This study aims to examine and analyze the legal consequences if employers pay wages below the minimum wage and how investigations into the payment of wages below the minimum wage. The legal relationship between workers and employers is principally a civil relationship, for the amount of minimum wage obtained by workers from employers is coercive and determined by the Government. The minimum wage is the lowest wage the Governor sets as a safety net. In the regime of the Manpower Law and the Job Creation Law, there are still criminal acts against wage payments that are not by the provisions of the law or in the Work Agreement or Collective Labor Agreement. Therefore, this study wants to know and analyze the legal consequences related to criminal acts regulated in the Manpower Law and the Job Creation Law and how law enforcement against labor crimes for payments below the minimum wage. To get answers to these problems, empirical juridical research methods are used which are analyzed analytically and descriptively on primary data legal materials and related documents. The results of the study found that labor crimes in the field of wages are crimes and criminal sanctions are regulated in Article 185 paragraph of the Manpower Law with the threat of criminal witnesses imprisonment for a minimum of 1 year and a maximum of 4 years and/or a fine of at least Rp. 100,000,000 and a maximum of Rp. 400,000,000. PPNS Ketenagakerjaan carries out law enforcement in the field of labor. Law enforcement is carried out in stages, starting from preventive, educational, and non-judicial repressive actions to judicial repressive actions.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Khairani
AU  - Karenina Cantiqa
AU  - Trie Rahmi Gettari
PY  - 2023
DA  - 2023/12/21
TI  - Law Enforcement Against Payment of Wages Below the Minimum Wage
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 342
EP  - 354
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_32
DO  - 10.2991/978-2-38476-164-7_32
ID  - 2023
ER  -