PENGATURAN UPAH DI INDONESIA BERDASARKAN ATAS PRINSIP KEADILAN, KEPASTIAN HUKUM, DAN KEMANFAATAN

YETNIWATI, YETNIWATI (2017) PENGATURAN UPAH DI INDONESIA BERDASARKAN ATAS PRINSIP KEADILAN, KEPASTIAN HUKUM, DAN KEMANFAATAN. Doctoral thesis, Universitas Andalas.

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Abstract

Wage is a very crucial issue in the employment relationship. The interests of the two parties regarding wages that is always in contradiction, should be minimized through the wage legislation which is based on the principles of justice, legal certainty and utility. The objectives of this study are: 1. To understand and to analyze the development of wage legislation in the Indonesian national law; 2. To Analyze and criticize the wage legislation in the Indonesia positive law in terms of the principles of justice, legal certainty and utility; 3. To develop the theories and concepts of the future wage legislation (iusconstituendum) based on the principle of justice, legal certainty and utility. The collection of law material which has been performed consists of primary and secondary law material, and the collected material then are analyzed in order to draw the conclusion. This research founds that: The first, the development of wage legislation in era the post-independence until the Post-Reformation has suffered from frequent changes of regulation through the law norm preservation dimension, law reform, law making and law annulment. The second: a. The process of law making does not implement the principle of justice, b. The law substance is not based on justice. They ca be found in: Article 1 paragraph (30), Article 88 paragraph (3), and Article 90 paragraph (1) Law No.13 /2003; Article 44 paragraph (1) and (2) of Government Regulation (PP) No.78 /2015. In term of the principle of legal certainty, there is disharmony between Article 43 paragraph 1 and Article 44 paragraph (2) of PP No.78/ 2015, and there is non synchronization between Article 43 paragraph (5) and Article 89 paragraph (2) of Law No.13/ 2003; non synchronization between Article 44 paragraph (2) and Article 88 of Law No.13/ 2003. Viewed from the principle of utility of law, there are some legal norms that do not provide advantage for the workers. The third, for the future wages legislation there should be taken into consider the just wages legal principles (14 items), and principle of morality; and The wages legislation which based on the legal certainty consists of the field of private law (labor agreement and Labor agreement collective) and the field of public law (14 items). The beneficial law is the law that is useful and effective for workers, employers, government and the society. The ideal wage legislation is the legislation which is based on the the principles of justice, rule of law, and utility. Keywords: wage, justice, legal of certainty, utility.

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