Punishment Against Abuse of Circumstances as The Basis for Determining Workers' Wages
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Published:2023-11-24
Issue:11
Volume:11
Page:e619
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ISSN:2764-4170
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Container-title:Journal of Law and Sustainable Development
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language:
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Short-container-title:J. of Law and Sust. Develop.
Author:
Negara Dharma SetiawanORCID, Lufsiana , Nainggolan Samuel Dharma PutraORCID
Abstract
Theoretical framework: This complex legal scenario provides a fertile ground for the application of various theoretical frameworks, shedding light on the intricate interplay of legal systems, policymaking, and the socio-economic implications of non-payment of minimum wages.
Purpose: This research aims to know the regulation regarding Wages in current laws and regulations related to Manpower in Indonesia and the criminal mechanism for Employers who abuse the condition of Workers by providing wages below the minimum standard.
Design/methodology/approach: This type of legal research is a type of normative legal research that aims to examine positive legal provisions, in this case, criminal law as a source of law. In legal research, there are several approaches. With this approach, researchers will get information from several aspects regarding the issue being tried to find answers. The approaches used in legal research are statutory, case approach, historical approach, comparative approach, and conceptual approach.
Findings: In essence, the remuneration given to workers must meet the standards of Decent Living Needs, considering that a person is working to maintain and improve the quality of his life and that of his family. The application of criminal sanctions for violations of the Minimum Wage provisions as stipulated in the laws and regulations above really makes Entrepreneurs have to recalculate the business they are running.
Research, Practical & Social Implications: This legal landscape underscores the need for ongoing research to analyze and address inconsistencies between laws governing minimum wage and their practical implications. The legal complexities and disputes highlight the challenges faced by both employers and workers in complying with minimum wage regulations. Ensuring that workers receive at least the minimum wage is crucial for their well-being and dignity. The existence of criminal sanctions sends a strong message about the importance of fair compensation.
Originality/value: This legal context presents a unique and valuable perspective on the challenges surrounding minimum wage regulations, their amendments, and enforcement. This analysis holds relevance not only for legal scholars but also for policymakers, employers, and worker advocacy groups seeking to enhance labor law effectiveness and worker protection.
Publisher
South Florida Publishing LLC
Subject
Law,Development,Management, Monitoring, Policy and Law
Reference18 articles.
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