scholarly journals Wage Problems in Indonesia in the Human Rights Perspective (Case of Inappropriate Wages for Pot Workers in Tangerang)

Author(s):  
Zahra Zara Mahasin ◽  
Firqotun Naziah ◽  
Ridwan Arifin

This paper analyzes the fulfillment of rights for workers in the case in Tangerang (fulfillment of a decent salary). Whereas, one form of the implementation of the mandate of the 1945 Constitution in realizing decent livelihoods, especially for workers, is the minimum wage policy based on Law No. 13 of 2003 concerning Manpower which aims to provide protection for workers and their families, this is stated by clear in consideration of letter (d) of Law Number 13 of 2003 concerning Manpower, namely that the protection of labor is intended to guarantee the basic rights of workers and guarantee equal opportunity and treatment without discrimination on any basis to realize the welfare of workers and their families with still pay attention to the development progress of the business world. The disharmony in employment relations or labor turmoil is mostly caused by wage problems that are felt to be still very low. The low level of wages in Indonesia is caused by the abundant supply of labor, the level of labor skills is very low, and the government has an interest and seeks to create and expand employment opportunities.

2018 ◽  
Vol 5 (2) ◽  
Author(s):  
Budiyono Budiyono

Workers protection is intended to guarantee the basic rights of workers and ensure equality of opportunity and treatment without discrimination on any basis whatsoever for the welfare of workers and their families with regard to the progress of the business world. In Part Two of Article 88 of Act No. 13 of 2003 which regulates the Wage has been set that the government set a wage policy that protects workers in Article 88 paragraph (2) with the hope of every worker is entitled to the income that meets a decent livelihood for humanity in Article 88 paragraph (1). As for the wage to protect workers in question consists of a minimum wage, wages overtime, wages do not work due to absent, wages do not work due to other activities outside of work, wages for exercising the right to take a rest, shape and manner of payment of wages, Fines and deductions from wages, things that can be accounted for by wages, wage structure and scale proportionally, wages for severance payments and wages for income tax calculation.


2018 ◽  
Vol 1 (1) ◽  
pp. 389
Author(s):  
Safira Khairani ◽  
Andari Yurikosari

Work and fair and proper remuniration are human rights of every person as stipulated on Article 28 D (2) The 1945 Constitution of The Republic Indonesia. Indonesia Law Number 13 Of 2003 regulates the rights and duties among entrepeneur and workers. Wage shall be received by worker/labourer as remuniration from entrepeneur. Labour Law provides the protection to wage as worker/labour’s right, stipulating that Government establishes a wage policy that protects the rights of worker/labourer such as Minimum Wage in order to fulfill every worker/labourer’s right to earn an income that meets livelihood that is decent for human. Labour Law also stipulates the wage will not be paid if worker/labourer do not perform work unless the worker/labourer has the will to do the job as promised but the entrepeneur does not employ them. The main issue in this research is the workers/labourers of PT. Srirejeki Perdana Steel claimed that they did not received full wage on November 2013 causing the amount of some of their wages lower than the amount of Minimum Wage set under valid statutory legislation. PT. Srirejeki Perdana Steel, postulated the reduction of the wage happened due to an illegal strike performed by the workers/labourers. The verdict on Industrial Relation Dispute Settlement of Bandung District Court and Indonesia Supreme Court did not grant the workers/labourers demand to get the fulfillment of their reducted wage. This research aims to acknowledge whether the protection towards workers/labors’s wage as verdicted by court followed the ruling as stipulated in Labourer Law.


1999 ◽  
Vol 27 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Megan Suarez

The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).


2004 ◽  
Vol 10 (1) ◽  
pp. 46-56
Author(s):  
Johanne Gow ◽  
Mary Quilty

Two members of the Australian refugee support NGO 'ChilOut' detail the lack of public access to Immigration Detention Centres (IDCs), to the detainees within them and to the policies and procedures governing such centres. ChilOut organises visits to IDCs so ordinary Autralians can know and befriend detainees. However, stringent and sometimes arbitary control of IDC visitors mean their vists cannot ensure transparency. More formal written attempts to establish accountability such as ChilOut's submission to the Human Rights and Equal Opportunity Comission (HREOC) inquiry into children in detention and ChilOut's report in contractual compliance within IDCs have been dismissed or refuted by the Australian Government. Unaccountability also arises from confidentiality clauses in the 1998 contract betwen the Government and ACM (the private company which ran IDCs), the Government's shielding of ACM from adverse publicity, contractual incentives to cover up negative incidences, and 'commercial-in-confidence' deletions from publicly available versions of the contract. This articles argues that the lack of access to dentention centres reaches its zenith on Nauru offering further proof that Australia's current refugee policy is deliberately structured to hinder transparency and accountability. 


2020 ◽  
Vol 2 (2) ◽  
pp. 25-32
Author(s):  
Kamilaus Konstanse Oki ◽  
Frederick W. Nalle ◽  
Novianty Nenokeba

The application of wage levels in the district of Timor Tengah Utara has not yet adhered to government regulations as stipulated in the Provincial Minimum Wage. Most workers only hope for employment provided by the government through the recruitment of State Civil Apparatuses by prospective workers who have formal education. Employment opportunities opened by private parties through private companies in the district of Timor Tengah Utara are still very limited. As a result of these real conditions, the unemployment rate in Timor Tengah Utara district is still high. Speculation carried out by the community to achieve family welfare is to exploit the potential and opportunities of the border market and to speculate into labor outside the region or abroad legally and illegally with various risks


UNIVERSUM ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Ahmad Syakur

The labour and wage problems is one of central issues in the contemporary industrial economy. Wagework is the leading provider of tax-advantage consumer directed health, commuter and other employee benefi t. In order to compromise between employee and employer interest, the government set a minimum regional wage. Minimum wage policy in Indonesia is set based an a survey of decent living needs. Hizbut Tahrir is one of Islamic movement that calls to return to the practise of Islam in the all of life sides. Then, Hizbut Tahrir concerns to study of Islamic economy, especially the economy of Islamic state and public fi nance. Hizbut Tahrir has different opinion with other moslem economic about standard wage rates. Standard wage rates – refers Hizbut Tahrir opinions- is only based the work utility of labor. The basic living needs cannot be the standard of wage. The wage rate is prerogative right of employee and employer, described a agreement based the utility of work. This opinion different with mainstream moslem economic. According to maintreams moslem economic, standard of wage not only based work utility of labor, but also based decent living needs.Keyword: Standard, wage, living needs, Islamic economy


2008 ◽  
Vol 47 (4II) ◽  
pp. 877-892 ◽  
Author(s):  
Sonia Ahmad ◽  
Ahmed Gulzar

This research has been motivated by the fact that inter-city variation in prices and hence cost of living has implications for many aspects of development and public policy. This is true for all countries and especially for developing countries like Pakistan where one would expect differences in cost of living to be more pronounced (ceterus paribus) due to a relatively underdeveloped transport network and a lack of development of a national common market. A better understanding of the inter-city variation in prices indicates the extent to which markets within countries are integrated. A monitoring of the inter-city price index over time indicates whether the economy as a whole has become more or less integrated over time i.e. has there has been convergence or divergence within the local economy (which has also been one of the objectives of this research). Secondly, a quantification of inter-city variation in cost of living is essential to understand differentials in real incomes across the country. Such an understanding will yield fairer minimum wage legislation by the government and also wage remuneration packages by employers in both the public and private sectors operating in multiple cities thus leading to better equalisation of real wages across locations. As noted by Haworth and Rasmussen (1973) the pursuit of a uniform wage policy by the U.S. Post Office in the 1970s led to greater wage dissatisfaction among workers and labor strikes in areas where cost of living was relatively higher. Thirdly, allowing for cost of living differentials among cities will lead to better estimates of urban inequality and incidence of poverty. In this context it is particularly important to see if differences in cost of living mitigate or accentuate the difference in the magnitude of poverty between richer and poor jurisdictions. The estimation of cost of living differentials will also lead to much greater understanding of migration patterns within countries and the functioning of regional and interregional markets across the country which are directly related to cost of living, and real wages/incomes. For example, if the same minimum wage legislation is applicable to the whole country, it will lead to migration to those cities where cost of living is relative low and hence the real value of the minimum wages is high (ceterus paribus). This illustrates the important implications that uniform minimum wage legislation and welfare packages across the country have for migration patterns when cost of living differentials are significant.


The paper emphasizes on the implementation of minimum wage in Malaysia and subsequent increases of the minimum wage to estimate the minimum wage’s effect on the low-skilled foreign workers. High dependency towards the foreign works has been one of the major reasons for the Government to introduce the minimum wage policy in 2012. The study used questionnaire survey and focused on the manufacturing firms in Peninsular Malaysia that are registered with the Federation of Malaysian Manufacturers. We have conducted a panel analysis study covering periods of 2008 to 2017 to analyze the effectiveness of the minimum wage policy in reducing the low-skilled foreign workers. The findings suggested that the employers reduced their low-skilled foreign workers to respond to the implementation and the increase in the minimum wage. The higher statutory wages have caused the firms to reduce their less productive workers. Based on the analysis, we suggest that the companies tend to retain and hire more skills and productive workers in order to cope with the increase in the labour cost. Not only reducing the inflow of foreign workers, the minimum wage policy would have a significant impact towards productivity. Forging ahead with the fourth industrial revolution, productive workers are the key instruments for the firms to remain competitive in the industry as well as to accelerate their productivity and profitability.


2020 ◽  
Vol 6 (1) ◽  
pp. 82
Author(s):  
Muhammad Munir

Human Rights as basic rights that are inherently inherent in human beings with universal nature, need to be protected, respected, and maintained, so that the protection and human rights of vulnerable groups, especially persons with disabilities. Persons with disabilities also have the same right in employment opportunities to obtain welfare through equal employment opportunities without discrimination. Although the Government has paid attention to the rights of workers with disabilities at work including protection of accessibility, but unfortunately in reality these regulations do not work properly. People with disabilities are not unable to work but are not given the opportunity so they cannot work, persons with disabilities are not because of their will but it is God's will and does not mean they cannot do anything when there are disabilities who cannot see but they can walk, can hear , and so forth. Basically in the world of employment already has a legal umbrella, namely Law No. 13 of 2003 concerning Manpower, which in it regulates, all matters relating to labor in the time before, during, and after the work period. The law also regulates the rights and obligations of business actors, the State and workers / laborers. So in this case concerning the rights of persons with disabilities who have equality and equality with other humans, especially in terms of work. The author would like to further analyze the rights of persons with disabilities to obtain employment in terms of their benefit, namely using the Islamic legal method Maslahah Mursalah.


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