Skripsi

PENEGAKAN HUKUM ADMINISTRASI ATAS KETIDAKPATUHAN PERUSAHAAN MEMBAYAR UPAH LEMBUR PADA PEKERJA

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Law enforcement constitutes a state obligation to protect the constitutional rights of citizens as mandated by Article 27 Paragraph (2) and Article 28D Paragraphs (1) and (2) of the 1945 Constitution of the Republic of Indonesia, including the right to fair remuneration within employment relationship. One of the normative rights of workers that is frequently violated by companies is the right to overtime wages, as regulated under Government Regulation No. 35 of 2021. Despite the existence of clear regulatory provisions, violations continue to occur with considerable frequency. The research questions addressed in this study are: (1) How is law enforcement carried out in response to corporate non compliance in the payment of overtime wages to workers; and (2) What are the legal consequences arising from such law enforcement measures against corporate non compliance in the payment of overtime wages. This study employs a normative legal analysis method, utilizing both statutory and conceptual approaches. The findings reveal that law enforcement is conducted through three principal mechanisms: administrative supervision by the Manpower Office (Dinas Ketenagakerjaan); non litigation dispute resolution through bipartite negotiations and mediation; and litigation based resolution through the Industrial Relations Court as a last resort. The legal consequences include, in the administrative sphere, sanctions ranging from written warnings to the revocation of business licenses; in the non litigation sphere, the conclusion of a joint agreement between the parties; and in the litigation sphere, civil sanctions in the form of an obligation to pay outstanding overtime wages along with late payment penalties, as well as criminal sanctions in the form of imprisonment and fines imposed upon companies found guilty of violating the applicable provisions. Keywords : Law Enforcement; Overtime Wages; Administrative Sanctions; Labor Law.

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Availability

Detail Information

Series Title

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Call Number

T1979742026

Publisher

Indralaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xvi, 98 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

344.010 7

Content Type

Text

Media Type

unmediated

Carrier Type

-

Edition

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Subject(s)

Prodi Ilmu Hukum
Upah lembur

Specific Detail Info

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Statement of Responsibility

KA

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