Abstract

<p>Wages as labor’s basic rights have changed since the Job Creation Law was enacted. It is essential that wages be distributed following the principle of job creation to contribute to the national development for the whole people. This research aims to compare the regulation vis-à-vis legal protection and the implementation of the principles of labor development. With normative legal research and statutory approach, this research reveals that the legal protection regarding wages in the new regulations are not far better than the former ones. The wage policies that were initially stipulated explicitly in the Labor Law were revoked from the Job Creation Law, where the labor principles are not applied. With the protection not better than that of the former regulation, it is implausible to improve the welfare of workers and their family members. Supervision conducted by the government is required to ensure that labor’s rights to wages are protected.</p><p><strong>Keywords</strong><strong>:</strong> Wages; Development of Labor; Job Creation.</p>

Highlights

  • Regulations concerning labor are currently governed in Law Number 13 of 2003, constituting a variety of matters ranging from fundamentals, principles, objectives, labor planning, information, rights, and liabilities of workers/labor or business owners, work placement, restrictions, to administrative and criminal sanctions, and more

  • This study aims to analyze the legal protection and the implementation of labor development principles in the Job Creation Law

  • Regulatory provisions in Article 88 of Law Number 13/2003 amended to Article 81 Point (24) of Law Number 11/2020 fail to provide better protection for workers

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Summary

Introduction

Regulations concerning labor are currently governed in Law Number 13 of 2003, constituting a variety of matters ranging from fundamentals, principles, objectives, labor planning, information, rights, and liabilities of workers/labor or business owners, work placement, restrictions, to administrative and criminal sanctions, and more. Workers/labor-related matters regarding equal rights to treatment without discrimination, rights to develop job competence, rights to wages, rights to respite and leaves, rights to social security, and other rights following the termination of employment are governed in several articles of each Chapter in Law Number 13/2003. Among those rights regulated, several rights still become an issue and have been among the grievances of workers or labor unions. The laws amended/annulled/made constitute Law Number 13/2003 concerning Labor, Law Number 40/2004 concerning National Social Security, Law Number 24/2011 concerning Social Security Administrative Body (BPJS), and Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers

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