PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PEMBAYARAN UPAH DI BAWAH UPAH MINIMUM SEKTORAL DIHUBUNGKAN DENGAN KEWENANGAN PENGADILAN HUBUNGAN INDUSTRIAL

Abstract

The main problem discussed in this study is how was law enforcement against disputes paying wages below the sectoral minimum wages based on Clause Number 185 in conjunction with Clause Number 90 (1) in conjunction with Clause Number 89 of Legislation Number 13/2003 concerning Employment. Is the Industrial Relations Court authorized to adjudicate? This study used normative juridical approach. Library research on secondary data in the field of law consisting of primary legal materials and secondary legal materials also supported investigations conducted by Unit IV Sub Directorate IV/ Tipidter, Special Criminal Investigations Directorate, West Java Police Regional. The same case “paying wages below the sectoral minimum wages” was examined and decided by the Industrial Relations Court as its authority regarding disputes over rights. The analysis is carried out so the synchronization between normative juridical data and the legal facts used as a consideration by the Judge to adjudicate as his authority. This study concluded that “paying wages below the sectoral minimum wages” is prohibited act and it can be called as a criminal offense, so law enforcement is carried out in the form of criminal offense investigation. While the authority of the Industrial Relations Court are dispute over rights arising from the non-fulfillment of rights, due differences in implementation or interpretation of the provisions of the legislation, work agreement, company regulations, or joint cooperation agreement. Sectoral minimum wages are rights that has been regulated in statutory regulations (public law), if some dispute occurs than the settlement is not through Industrial Relations Court, but resolved through a criminal legal process, because the dispute pays wages below the sectoral minimum wages is not the Industrial Relations Court authority.