PERLINDUNGAN HUKUM BAGI PEKERJA/BURUH ATAS PEMBERIAN UPAH KERJA DIBAWAH UPAH MINIMUM MENURUT PERSPEKTIF HUKUM DI INDONESIA

Abstract

Welfare must be enjoyed for all people fairly and comprehensively. Welfare is also
appropriate for workers. The legal dispute occurred in the city of Surabaya in the decision
714/Pid.Sus/2022/PN.Sby. In this case, PT Rakuda Furniture paid wages below the
minimum wage. The defendant has the duty of being responsible for the company's
operations in determining wages. What is the form of legal protection for workers/labourers
for work wages that are given below the minimum wage? giving wages below the minimum
can be subject to criminal sanctions based on Law No. 13 of 2003 concerning
Manpower.This study uses normative research, namely using direct studies of regulations.
And using an approach to cases (Case Approach), and a legal approach to statutory
regulations (Statute Approach).The form of worker protection guarantee, namely Article 81
number 63 in Law Number 11 of 2020 concerning Job Creation, emphasizes that
employers who pay wages lower than the minimum wage are subject to criminal sanctions
in accordance with Wirjono Prodjodikoro's aim to protect workers' rights in receiving fair
wages and to make lessons educating or improving people who commit crimes. Companies
paying wages below the minimum can be subject to criminal sanctions based on Law
Number 13 of 2003 concerning Manpower in Article 185 and Law Number 11 of 2020
concerning Job Creation Article 88 E paragraph (2) states that Employers are prohibited
from paying wages lower than the minimum wage, this provision is burdensome criminal
responsibility is the responsibility of the management of the legal entity at PT Rakuda
Furniture so that companies that provide wages below the minimum can be subject to
criminal sanctions