PENEGAKAN HUKUM TERHADAP PENGUSAHA YANG MELAKUKAN TINDAK PIDANA MEMBAYAR UPAH DIBAWAH UPAH MINIMUM PROVINSI KEPADA PEKERJA (STUDI KASUS DINAS TENAGAKERJA DAN TRANSMIGRASI PROVINSI SUMATERA BARAT)

Abstract

ABSTRACT

The Governor of West Sumatra Province sets the provincial minimum wage by taking into account the recommendations of the provincial wage council. Law Number 13 of 2003, Article 90 for employers who pay wages lower than the provincial minimum wage, may be subject to sanctions imprisonment of 1 year to 4 years and fines of at least Rp 100,000,000 and a maximum of Rp 400,000,000. On November 8, 2019 NW and friends reported PT. Gunung Pulo Sari Padang to the Manpower and Transmigration Office for paying wages lower than the provincial minimum wage. The problem formulation are (1) How is law enforcement against employers who commit criminal acts paying wages below the provincial minimum wage to workers (2) What are the obstacles found by the Department of Manpower and Transmigration in law enforcement against employers who pay wages below the provincial minimum wage to workers. This type of research is used sociological juridical. Primary data sources and secondary data, data collection techniques study documents and interviews, the data were analyzed qualitatively.The conclusions of the result : (1) Employees of labor inspectors give notes twice before proceeding to further legal levels, in this case ending with a peaceful settlement and the employer is obliged to improve the work agreement and wage system. (2) lack of funds and understanding from the community and entrepreneurs become obstacles in law enforcement.

Keywords: Enforcement, law, employers, wages