TINJAUAN YURIDIS TERHADAP PASAL 93 AYAT 2 UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN MENGENAI KETERLAMBATAN PEMBAYARAN UPAH PEKERJA

Authors

  • Muhammad Ridho Fakultas Hukum, Universitas Pamulang
  • Ahmad Rahmatullatif Fakultas Hukum, Universitas Pamulang
  • Trevia Cempaka Rusiandini Fakultas Hukum, Universitas Pamulang

Abstract

Wages are the main component in an employment agreement between employers and workers. The work agreement contains the amount of wages and when the wages are paid. If the wages are paid late at a predetermined time, the employer's right to receive wages is not properly fulfilled. The purpose of this research is to find out the factors that cause late payment of wages and to find out the role of the Department of Manpower as a law enforcement agency related to this case. The type of research used is normative legal research which focuses on people's behavior based on primary data and secondary data. Article 95 of the Manpower Act stipulates that employers who deliberately or negligently cause delays in payment of wages, are subject to a fine according to a certain percentage of the worker's wages. The implementation of sanctions is carried out by the local Manpower Office. Based on the analysis it was found that employers and the Manpower Office did not implement the provisions of the laws and regulations as they should. Wages as one of the main factors in an employment relationship are often not met properly by employers. It has been clearly stated in Article 95 paragraph (2) of the Manpower Act that employers who deliberately or negligently cause delays in payment of wages, are subject to fines in accordance with a certain percentage of the worker/labourer's wages. The working relationship between employers and workers has been regulated in Law No. 13 of 2003 concerning Manpower (Labor Law) and various other implementing regulations.

 

 

Keywords : Worker, Late Wages, Legal Sanctions

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Published

2023-03-23