scholarly journals Fragility of Non-Formal Sector Workers Based on Minimum Wage Regulations in Indonesia

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Siciliya Mardian Yo el ◽  
Huzaimah Al Anshori
Keyword(s):  
Minimum Wage ◽  
Criminal Law ◽  
Labor Law ◽  
Labor Rights ◽  
Working Relationships ◽  
Formal Sector ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Industry Sector ◽  
The Right

The protection of labor rights is regulated in Indonesian Labor Law Number 13 of 2013. In addition to regulating the rights and obligations between stakeholders involved in working relationships, the Labor Law also regulates criminal sanctions against persons who violate the provisions provided for in the law. One of the criminal provisions in the Labor Law is regulated in article 185 (1) juncto article 90 (1) which specifically regulates the crime of wages. In this article there is a provision that employers who do not pay labor wages in accordance with the provisions can be convicted, however, disputes between employers and workers due to unsuitable wage issues are rarely resolved in criminal law. The objective of this research is to analyze the effectiveness of article 185 (1) juncto article 90 (1) which regulates the crime of wages in protecting the right of worker to the proper wage. The type of research that will be conducted is empirical legal research using sociological juridical approach. This research was conducted in Kediri. From the research, it is found that Article 185 (1) juncto Article 90 (1) is effective to protect the wage of labor only in the formal industry sector, because in the non-formal sector, there are still many workers who earn below minimum wages.

Globalization and Social Justice: The Right to Minimum Wage

2009 ◽  
Vol 3 (2) ◽  
pp. 267-300
Author(s):  
Hani Ofek-Ghendler
Keyword(s):  
Minimum Wage ◽  
Codes Of Conduct ◽  
Labor Law ◽  
Transnational Corporations ◽  
Fundamental Principle ◽  
Labor Rights ◽  
State Regulations ◽  
International Labor ◽  
The One ◽  
The Right

The weakening of mechanisms for international cooperation within the context of the right to minimum wage can be explained by the increasing power of new players, the transnational corporations on the one hand, and the waning of the power of the state, on the other hand. These processes of globalization produce various challenges to the modern welfare state, such as the ability to attain minimum wage. This right is vital particularly to weakened workers that would otherwise be remunerated at a very low wage, which could likely lead to poverty. This right poses, however, numerous challenges, in particular the ability of international labor law to define it across borders. The article describes three models for defining this right: the existential deficiency model, the welfare model, and the comfort model and analyzes the various forms regulating the right to minimum wage in international regulations, state regulations, and codes of conduct of transnational corporations examining the ramifications of globalization within the context of labor rights. Moreover, the article suggests changes to international labor law, required to ensure that it functions as an effective instrument in protecting labor rights and proposes establishing regional parliaments—a supra-governmental body—composed of states and a broad array of interested private parties in its activities to establish fundamental principles relating to various areas of life, such as the basic rights of workers, taxation principles, and principles for protecting the environment. These regional bodies would decide which of the various models used for shaping the right to minimum wage should be adopted as a fundamental principle.

scholarly journals Prohibition on practicing a profession, activity or duty in the criminal law of Republic of Serbia

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Darko Dimovski ◽  
Ivan Milić
Keyword(s):  
Criminal Law ◽  
Basic Principle ◽  
Labor Law ◽  
Human Right ◽  
Protective Measures ◽  
Criminal Sanctions ◽  
Right To Work ◽  
Specific Activities ◽  
The Republic ◽  
The Right

As a basic principle, the "right to work" is guaranteed under the Constitution of the Republic of Serbia. This human right is further elaborated primarily in the Labor Law, but also in other laws that stipulate the conditions for the establishment, exercise and termination of employment. This paper emphasizes the possibility of restricting both natural and legal persons, including entrepreneurs, to practicing a particular profession, activity or duty, resulting from the imposition of criminal sanctions. The security and protective measures in the criminal law of the Republic of Serbia prohibiting the practice of specific activities are also emphasized. One of the aims is to point out the consequences of the measures imposed, which are often more severe than the sentence itself.

scholarly journals The Implementation of criminal sanctions as ius puniendi

2021 ◽  
Vol 10 (4) ◽  
pp. 535-548
Author(s):  
Adnan Hamid ◽  
Hasbullah Hasbullah
Keyword(s):  
Minimum Wage ◽  
Criminal Law ◽  
Quantitative Methods ◽  
Critical Issue ◽  
Literacy Programs ◽  
Legal Research ◽  
Criminal Sanctions ◽  
The Government ◽  
Communication And Information Technology

The purpose of this study is to investigate and assess and seek to answer comprehensively related to the implementation of criminal sanctions for entrepreneurs who pay below the minimum wage in Indonesia. As the object of research is manpower and criminal law which must be used as a tool for social control and as an obligation of the state to implement it, ius puniendi. This research is normative legal research using quantitative methods. The results of the study indicate that the implementation of criminal sanctions is very necessary and becomes a critical issue as a form of protection for workers to ensure the basic rights of workers to obtain a minimum wage. Efforts that must be made by the government are implementing criminal sanctions consistently, implementing literacy programs and sharing information, implementing socialization programs with a dialogical approach that involves the participation of the wider community, improving the quality of public services based on professional human resources and utilizing communication and information technology. to prevent and minimize the occurrence of various forms of violations of labor law and criminal law, especially with regard to the provisions of the minimum wage.

Russian Labor Law: System-Related Problems in its History and Modernity

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Николай Демидов ◽  
Nikolay Demidov
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Law System ◽  
Labor Legislation ◽  
Government Supervision ◽  
Hired Labor ◽  
The Right ◽  
High Degree

The article analyzes system-related contradictions inherent to the development of the Russian labor law branch in XIX—XX. By means of historical-legal, comparative, dialectic methods the author investigates the roots of modern problems in law-making and law enforcement in legal regulation of hired labor relations. The author reveals negative factors in the development of the labor legislation, that are common for Russia and world leading countries. Among main evolutional problems in labor law, the author considers excessive centralization, a high degree of the right enforcement formalization, susceptibility of the branch to political environment, an important role of non-legal regulators of labor relations, low development level of security arrangements for labor rights, inadequate government supervision, a division of employees and employers’ interests, that is not always correct. The author draws the conclusion about the implicit, objective nature of the described defects and notes an essential impossibility to overcome them.

scholarly journals Traditional Criminal Law Existence in the Settlement of Criminal Action in the Environmental Field in Indonesia

2021 ◽  
Vol 12 (6) ◽  
pp. 1467-1478
Author(s):  
Mohamad Syarhan, Nyoman Serikat Putra Jaya, Bambang Hartono
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Judicial System ◽  
Illegal Logging ◽  
Legal Research ◽  
Management Tools ◽  
Criminal Sanctions ◽  
Fish Poisoning ◽  
Fish Poison

Many cases of environmental pollution and illegal logging have caused alarming damage to the environment. In the Law regarding Environmental Protection and Management, tools to protect the environment have been regulated. One of which is the application of criminal sanctions, but in Indonesia, some laws live in society, one of which is customary criminal law which can also solve criminal acts in the environmental sector. This research aims to analyze the existence of customary criminal law in the settlement of crimes in the environmental sector. This research is legal research with normative juridical research. The results of this study will be presented in descriptive form. The results showed that Hulsman said the criminal justice system had caused suffering because it could not work according to its objectives and did not carry out the principle of accountability. This judicial system had innate defects. In settlement of criminal acts in the environmental sector, examples of customary criminal law are the settlement of fish poisoning cases committed by some Paya Village Village residents. They use fish poison from plants (tuba), Lannet in the form of flour, Bistox in liquid, and Decis, which is liquid.

scholarly journals PAYMENT OF WAGE UNDER MINIMUM WAGE FOR ABDI DALEM SULTAN PALACE (DAERAH ISTIMEWA YOGYAKARTA)

2019 ◽  
Vol 7 (3) ◽  
pp. 52-58
Author(s):  
Asri Wijayanti ◽  
Aniqotun Nafiah
Keyword(s):  
Minimum Wage ◽  
Employment Relationship ◽  
Working Relationship ◽  
Legal Research ◽  
The Law ◽  
The Right

Purpose of Study: The compensation for running a job is to get wages. There is one form of wage protection through minimum wage. The fact is, there are still workers who have not earned a minimum wage of minimum wage after they run their jobs. One of them is the court palace of Yogyakarta Palace. This study aims to analyze the validity of the court servants in getting wages below the minimum wage. Methodology: This legal research uses a socio-legal approach. The result of this research is Abdi Dalem get wages in the form of “kecuca” which amount is less than the minimum wage of Yogyakarta Province. Sultan Hamengkubuana X should be prosecuted for violation of Article 90 paragraph (2) jo. Article 187 of Law Number 13  Year  2003.  The right to prosecute of the courtiers has never been implemented because the working relationship between the courtiers and the Sultan is devotion. The sense of service is the soul of the agreement on which the working relationship is based. What has been agreed upon by the parties binding as the law for the party making it (Article 1338 B.W. Burgerlijkwetboek). Results: The significance of this research is that the principle of local wisdom which is the basis of working relations can be unleashed. Implications/Applications: The contribution of this research is the emergence of an understanding that the employment relationship is not solely aimed at earning wages. A sense of tranquility after work becomes the choice of the destination of the courtiers to serve the Sultanate of Yogyakarta.

scholarly journals Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 21
Author(s):  
Tantimin Tantimin
Keyword(s):  
Criminal Law ◽  
Information Use ◽  
Problem Formulation ◽  
Criminal Sanction ◽  
Legal Research ◽  
Sexual Crimes ◽  
Legal Information ◽  
Criminal Sanctions ◽  
Basic Ideas ◽  
Research Show

Castration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders.

scholarly journals On guarantees of protection of the policeman's right to money security

2021 ◽  
Vol 66 ◽  
pp. 118-122
Author(s):  
T. A. Masalova
Keyword(s):  
Civil Rights ◽  
Police Officers ◽  
Labor Law ◽  
The State ◽  
Labor Rights ◽  
Financial Security ◽  
The Real ◽  
Definition Of ◽  
The Right ◽  
High Level

The article considers the issues of guarantees of protection of the policeman's right to financial security, in particular, the definition of "guarantees of protection of the policeman's right to financial security", defines the purpose, objectives and functions of the investigated guarantees, and outlines the structure of basic guarantees. Thus, guarantees for the protection of the right of police officers to financial security are considered as a set of legal and organizational-legal means, methods and conditions by which the police and state bodies ensure the real restoration of the violated right to remuneration. It is concluded that today the guarantees of protection of the police officer's right to monetary security are a special manifestation of guarantees of protection of the employee's right to remuneration. This position allows us to draw the following conclusions: (1) the extension to the police of labor law and other guarantees of protection of labor rights of employees contributes to the expansion of the set of human-centered principles available in labor law in this area. This does not allow the state to subject police officers to labor exploitation, which degrades their human dignity, and obliges them to properly ensure and protect the right of these officers to a decent reward for their work; (2) as the real existence of guarantees of human and civil rights and freedoms in Ukraine is still far from adequate, the guarantees of protection of the police officer's right to financial security are not sufficiently perfect. Meanwhile, it should be borne in mind that the importance of police work, as well as ensuring a high level of social security of these officers has led to the creation and operation of a legal mechanism to protect the right of police officers to a decent reward. conditions under which a police officer may confirm and protect the right to financial security by all means and methods available to him, which do not endanger the state of national security of the state.

scholarly journals PIDANA PENJARA SEUMUR HIDUP ATAU PIDANA MATI (KONFIGURASI DILEMATIS ANTARA HUKUM DAN KEMANUSIAAN)

2020 ◽  
Vol 8 (12) ◽  
pp. 1984
Author(s):  
I.G.A.A Fitria Chandrawati
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Descriptive Analysis ◽  
Right To Life ◽  
Life Imprisonment ◽  
Daily Newspapers ◽  
Analysis Techniques ◽  
Criminal Sanctions ◽  
Psychological Suffering ◽  
The Right

Tujuan Penelitian adalah untuk menganalisis sanksi pidana penjara seumur hidup menjadi alternatif dari penjatuhan sanksi pidana mati  dan mengidentifikasi esensi antara pidana penjara seumur hidup dengan pidana mati. Penelitian ini memakai jenis penelitian hukum normative dengan pendekatan perundang-undangan, pendekatan historis dan kasus. Dengan ditunjang bahan hukum primer beberapa undang – undang yang menganut penerapan pidana mati, bahan sekunder teks – buku – buku hukum pidana, bahan jurnal – jurnal hukum, bahan tersier, kamus, ensiklopedi, harian surat kabar, teknis analisis deskriptif interpretatif – evaluatif argumentatif. Dengan simpulan temuan bahwa pidana penjara seumur hidup  sering sebagai alternatif (pengganti) dari pidana mati guna menghindari kekeliruan dalam penjatuhan sanksi, juga untuk menghargai hak hidup seseorang sesuai prinsip HAM. Esensi pidana penjara seumur hidup dibandingkan dengan pidana mati sama – sama menyebabkan penderitaan fisik dan psikis bagi terpidananya, sanksi pidana tetap menimbulkan rasa derita, pembalasan dan sebagai bentuk pertanggung jawaban hukum bagi pelaku tindak pidana. The aim of this research is to analyze life criminal law into criminal sanctions and verified life imprisonment. This research using a type of normative legal research with an approach legislation, historical approach and case approach. With supported by primary legal material several laws that adhere application of capital punishment, secondary legal materials in the form of texts, books criminal law, legal journals, tertiary material in the form of dictionaries, encyclopedias, daily newspapers and using material analysis techniques law in the form of descriptive analysis techniques interpretative-evaluative-argumentative, with the conclusion that life imprisonment often as an alternative (substitute) to capital punishment to avoid mistakes in imposing sanctions, too to better respect the right to life of a person according to human rights principles. Essence life imprisonment compared to capital punishment together causing physical and psychological suffering for the conviction, sanctions crime still causes pain, retribution and forms legal liability for perpetrators of criminal acts.

scholarly journals Analysis of Procedural Rules in Individual Institutions Labour Law

2020 ◽  
Vol 17 (3) ◽  
pp. 68-77
Author(s):  
Galina Obukhova
Keyword(s):  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
Labour Law ◽  
Legal Norms ◽  
Historical Comparative ◽  
The Right ◽  
Substantive Law ◽  
Almost All ◽  
Special Rights

Introduction. The article deals with procedural and procedural rules of certain institutions of labor law, which contain rules that define the special rights and obligations of subjects, fixing their social and labor rights and interests. The author substantiates the need for detailed regulation of the procedure for implementing such norms, since the sequence of their application and compliance directly affect the normal development of labor relations. Purpose. The purpose of this work is a comprehensive analysis of procedural and procedural rules of labor law based on the study, analysis and generalization of the scientific base, current legislation and practice of its application. Methodology. In the process of achieving the goal and solving the set tasks, the general scientific dialectical method of cognition, as well as logical, system, historical, comparative legal and formal legal methods were used. Results. In the course of the research, we come to the conclusion that some procedural rules of certain institutions of labor law have numerous gaps and often in relation to the process or production, we are always talking only about legal activity. The implementation of almost all substantive rules requires procedures or, in other words, procedural rules. Conclusion. Procedural and legal norms are a relatively independent element of the mechanism of legal regulation of labor relations. The official application of any substantive law should be carried out in a specific procedure, which distinguishes the subject of the enforcement order of its work and relationship with the requiring party, the right of appeal against enforcement, etc. All require further elaboration and regulation.

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