Journal Homepage: DOI Link: http://dx.d Article DOI: 10.2107
*Coresponding author.
E-mail address: [email protected] Peer reviewed under reponsibility of © 2016 Universitas Muhammadiyah the CC BY license (http://creativecom
Review Article
A Critical Review of Waging
Agusmidah Agusmidah1* , S
1,2
Faculty of Law, Universitas S
Article history: Received 22 August
ABSTRACT
This paper is comprehensive look of details of the principle of fair and dec rise to new issues and discourse. For norm on paper but should be able to literature method with the concept whereas industrial society interpret th the needs of food, clothing and housi weakness of workers by making the w
Keywords: decent wage; waging; ju HOW TO CITE: Agusmidah, A., Rechtsidee, 3(2), 61-70. doi:http://d
ABSTRAK
Pengupahan dalam hubungan ketena wacana pengupahan disebabkan bias di lapangan. Bagi pemerintah memb muluk dan indah di atas kertas nam Tulisan ini berdasarkan studi kepu perselisihan upah dapat dihindari pengorbanan yang telah diberikan da papan dari pekerjaan yang ia lak memanfaatkan lemahnya posisi tawa adil dan layak.
Kata kunci: upah yang layak; pengu
1. Introduction
Government Regulation
repeal the existing waging regu
on Wage Protection. Recent
Minister Of Manpower Of The
Day Allowance For Workers In
page: http://ojs.umsida.ac.id/index.php/rechtsidee //dx.doi.org/10.21070/jihr.v3i2.225
.21070/jihr.v3i2.225
mail.com
ity of Universitas Muhammadiyah Sidoarjo.
diyah Sidoarjo, All right reserved, This is an open access ivecommons.org/licenses/by/4.0/)
aging in Indonesian Law
, Suria Ningsih2
rsitas Sumatera Utara, Indonesia.
ugust 2016; Accepted 27 December 2016; Available online
ok of waging in Indonesian law. Waging in employment sti nd decent with the policies or the application of the rules of
For the Government, to apply fair and decent wage does ble to guarantee the implementation of the norms in society ncept approach. This paper discovers that the wage disp pret the wages in return for the sacrifice that has been give housing. Then it is not worth it if one party for their maxim g the waging system that ignores the principle of fair and de
ing; justice for workers; labour law.
, A., & Ningsih, S. (2016). A Critical Review of Waging ttp://dx.doi.org/10.21070/jihr.v3i2.225
tenagakerjaan masih menimbulkan problematika. Setiap biasnya prinsip adil dan layak dengan kebijakan ataupun embumikan upah adil dan layak tidak hanya sekedar m namun harus bisa menjamin terlaksananya norma ter epustakaan dengan pendekatan konsep pada dasarnya ari manakala masyarakat industri memaknai upah se an dan padanya diharapan mampu memenuhi kebutuhan
lakukan. Maka tidak layak jika satu pihak demi k tawar pekerja dengan membuat sistem pengupahan yang
engupahankeadilan untuk pekerja; hukum perburuhan
ulation No. 78 Year 2015 on Waging (hereinafter
g regulation included in Government Regulation
cent regulation which is implementing GR 78
f The Republic Of Indonesia No. 6 Year 2016 on
ers In The Company (hereinafter stated as RM 6)
__
61 ccess article under
nline 31 December 2016
ent still pose a problem. No ules of waging, always give e does not merely make the society. This paper uses the e disputes can be avoided n given and is able to meet maximum benefit utilizing
nd decent.
aging in Indonesian Law.
tiap saat bergulir isu dan pun aplikasi pengupahan ar membuat norma yang tersebut di masyarakat. rnya mencetuskan bahwa h sebagai imbalan atas han pangan, sandang dan i keuntungan maksimal ang mengabaikan prinsip
an.
nafter stated as GR 78)
ation No. 81 Year 1981
78 is Regulation of
16 on a Religious Feast
__
62
Employment regulation
both of these regulations. Wag
becomes one of the points that
day in Indonesia. The allowanc
the allowance payment, and opp
allowance towards religious fea
This research is questio
waging in order to qualify the
secondary law materials obtain
the legislation approach and the
2. Discussion 2.1 Waging Policy
Waging policy for realizing de
paragraph (2) to the Law Numb
the waging policy then is spe
minimum wage; b. wage overtim
who do not go work for other
form and method of payment of
with wages; i. structure and pro
wage for income tax calculation
A decent income is not
labourers income with reasonab
and income of the non-wage.
One of waging policy
set up further in Regulation of
Year 2013 about Minimum W
the minimum wage is the lowes
including fixed allowances set b
This regulation is not su
the wage components can be c
fixed allowance. This unsuitab
1
Minister of Manpower of Indonesia, Minister Of Manpower Of The Repub
2
Ibid. Article 1 point (1).
lations are always interesting to discuss among w
Wage increasing and the calculation based on
ts that is always carried during the celebration of i
owance related RM 6 also became a spotlight conc
nd opportunities for ignoring the temporary worker
us feast day.
uestioning about anything noteworthy in making r
y the fair and decent to humanity. This paper uses
obtained from library research. The analysis is p
nd the concept approach.
decent livelihood income for humanity expres
Number 13 Year 2003 on Manpower (hereinafter
is specified in Article 3 GR 78 subsection (2) w
overtime work; c. wage for women period time; d
other activities outside his work; e. wage becaus
ent of wage; g. fines and wage cut; h. matters that
nd proportional wage scale; j. wage for severance
ulation.
is not defined either in the LM 2 or GR 78. A dec
asonable amount.1 The decent income is given in
licy is by setting a minimum wage system. This m
ion of Minister Of Manpower Of The Republic O
m Wage (hereinafter stated as RM 7), this regulatio
lowest monthly wage which contains the main com
es set by the Governor2.
suitable against Article 5 paragraph (1) GR 78
n be composed of wages without allowance, mai
suitable situation is because GR 78 gives detaile
nesia, Permenaker No. 7 Tahun 2013 Tentang Upah Minim Republic Of Indonesia No. 7, 2013). Article 4 Paragraph (1
ong workers, including
d on the inflation rates
n of international labor
t concerning changes to
workers rights to get the
king regulations related
er uses the primary and
is is performed through
expressed in Article 88
nafter stated as LM 13),
(2) which includes: a.
d. wage for workers
because of leave; f. the
rs that can be accounted
rance payments; and k.
decent income is the
en in the form of wage
This minimum wage is
blic Of Indonesia No. 7
gulation mentioned that
components of wage
78 which states that
e, main wage, and non
detailed components of
wages within 3 (three) types, w
main wage and fixed allowanc
lowest wage consisting of main
Article 2 RM 7 confirm
(hereinafter stated as UMP) or
paragraph (1), (2), (3) and (4)
necessities of worthy life (her
economic growth. The Minimu
of the KHL is a comparison of
KHL in the same period. For
Governor set a milestone KHL
Labor-intensive Industry Spec
condition of the ability of the co
In one hand, the minim
deciding the wage work their w
workers, i.e. large corporations
behind that policy and state th
provisions of the government.
transparency, creating a harm
expertise and working period.
create shared well-being. It will
in joint work agreement (herein
Article 7 paragraph (2)
Governor not later than Nov
magnitudes larger than the UM
employers are prohibited to pa
only applies to workers/laboure
It is clear that the minim
old and not married (single),
negotiate and set the percentage
3
Indonesia, UU No. 13 Tahun 2003 T No. 39, 2003). Article 1 Point (30)
4
Indonesia, Permenaker No. 7 Tahun
pes, whereas in the LM 13 clearly states that the wa
lowance3, otherwise, RM 7 states that the minim
f main wage including fixed allowances (Article
onfirms that Minimum wage consists of Province
or City Minimum Wage (hereinafter stated as
d (4) that the determination of the Minimum wag
(hereinafter stated as KHL) with attention to
inimum wage is directed on achievement of the KH
son of the magnitude of the minimum wage agains
. For achievement of the KHL as referred to in p
KHL in the form of a road map for the achievem
Specific Companies and for other companies
the corporate world.
minimum wage is useful as a benchmark for the
their workers. On the other hand, there are also w
rations that are able to give wages above the min
tate that they have been running the wages in acc
ment. It will be good if the entrepreneurs apply
rmonious working climate and regulating w
eriod. This is to perpetuate company achieving
It will be better if wage can be agreed with deliber
hereinafter stated as PKB).
h (2) and (3) confirms that UMK is defined and a
n November 21st, after the determination of t
the UMP. Then Article 15 paragraph (1) and (2
to pay wages lower than the Minimum wage. Th
bourers who had a working period of less than one
minimum wage applies to the period of employm
ngle), this confirms that the entrepreneurs shou
entage wage increases regularly for workers who a
03 Tentang Ketenagakerjaan (Law Number 13 Year 2003
ahun 2013 Tentang Upah Minimum.
__
63 the wage comprises the
minimum wage is the
the KHL. Achievement
against the value of the
to in paragraph (2), the
hievement of the KHL
panies considering the
or the entrepreneurs in
also weaknesses for the
e minimum wage hide
in accordance with the
apply the principle of
ting waging based on
eving productivity, and
eliberation and realized
and announced by the
of the UMP. UMK
and (2) confirmed that
ge. The minimum wage
an one (1) year.4
ployment under a year
s should be willing to
who already passed one
__
64
year in the company. Once aga
created by the government throu
GR 78 has confirmed th
each company, regarding to t
workers/labourers. Employers w
(two) years counted since the
sake of the existence of a decen
The government threate
draw up and apply the scale a
scale into documents that must
renewal of the PKB, thus the
achievement of treatment set b
still has not issued the impleme
administrative sanctions.
Article 90 paragraph (1)
lower than the applicable provi
minimum wage can be made to
that the settings of waging b
labor/unions/trade unions shou
regulations. In terms of the de
law, and the entrepreneur is ob
legislation in force.
Non-compliance of the
and do not process the suspe
financially, threatened by crim
provision as a form of protectio
fair waging system works for w
The case of the paymen
rolled out by Indonesian Metal
has also been dropped on two e
pay wages not in accordance w
or less almost three (3) years t
believed that not paying the
ce again the climate of democracy by deliberation
t through a policy of minimum wage.
med the need for the preparation of the structure a
g to the time, title, work period, education an
oyers who do not have the structure and wage sca
e the GR 78 is legalized. This obviously needs to b
decent and fair wage.
threatened with administrative sanctions for emplo
cale and structure of wages, in addition to the w
t must be attached when the companies apply for
s the existence of states becomes very important
t set by the government. Until this paper is writen
plementing rules for the application or the law ins
(1) and (2) LM 13 confirms the prohibition of
provisions. Specifically for employers who cannot
ade to the suspension. According to Article 91 para
ing based on an agreement between workers a
should not be lower than the provisions of wagin
the deal are lower or contrary to regulations, the
obliged to pay the wages of workers/laborers
f the company to pay wages in accordance with th
suspension of payment of wages as proof of h
criminal sanctions (Article 90 juncto Article
otection for workers to earn a decent wage over its
for workers and employers.
ayment of wages under the terms of the minimum
Metal Workers Union (FSPMI) in Deli Serdang
two entrepreneurs from two companies that prov
nce with the regulation. The case was decided in M
years to process which was worked by the unions
g the wages in accordance with the provision
ration truly wants to be
ture and wage scale by
on and competence of
ge scale given during 2
ds to be applied for the
employers who do not
he wage structure and
ly for endorsement and
ortant to encourage the
writen, the government
aw instrument for those
ion of paying the wages
cannot afford to pay the
1 paragraph (1) and (2)
kers and employers or
waging defined by the
s, the deal annulled by
borers according to the
ith the minimum wage
of his inability to be
185 LM 13). This
ver its rights, and seek a
inimum wage has been
district, the verdict
t proved to deliberately
ed in March 2016, more
unions until then judge
postponement of payment of wa
in accordance with Article 185
The minimum wage is s
protection of the rights of wo
opinion that minimum wages
similar wage rate in condition
employment, but limited to on
who have skills will be more
intensive.6 Third, closing oppo
provided with skills in particula
2.2 Fair and decent wages for Article 88 paragraph (1
labor has the right to earn a dec
what was mandated as an inco
policy became the basis for th
(Article 88 paragraph (2) and (3
minimum wage, overtime, wag
mention that:"A decent income
his work so that it is able to me
Furthermore, the decisio
and non-wage income. Wages
allowance, main wages and fix
wages consist of main wages a
five percent) of the amount of
the wage components consist of
5
Richard Anker et al., “Measuring De no. 2 (2003): 147–78.
6
Frances Stewart and Paul Streeten, “ Countries,” Oxford Economic Papers
7
Anker et al., “Measuring Decent Wo
t of wages is an action that can be threatened with c
185 LM 13.
ge is still considered being an instrument that can b
of workers over a decent and fair wages, even th
n a decent livelihood that satisfies for humanity.
n income that meets a decent livelihood for hum
for the Government work has also outlined the
and (3)):
, wage labor wage does not enter employment due
for other activities outside of his work, the wage
ff work, form and manner of payment of wages
be accounted for by wages, the structure and sc
severance payment, and wages for income tax calcu
decent income found in Article 4 paragraph (1
ome is the amount of Workers/labourers income f
meet the needs of living Labor/Worker and his f
decision of a decent income is administered in th
Wages can consist of several components namel
fixed allowance added by fixed and non-fixed
ages and fixed allowances, the main wage must rea
nt of the main wages and fixed allowances. This a
sist of main wage, fixed allowance, and non fixed
ing Decent Work with Statistical Indicators,” International eten, “Conflicts between Output and Employment Objective
pers 2, no. 23 (1971): 145–68. View Item ent Work with Statistical Indicators.”
__
65 with criminal sanctions
t can be a means for the
ven though there is an
esses include, first, the
be no effect on total
portunities for workers
ose the use of
capital-perts to be trained and
ally requires that every
In order to achieve
r humanity, the waging
d the following points
nt due to misadventure,
wages because of the
wages, fines and piece
and scale of waging a
x calculation.
ph (1) and (2) GR 78
me from the results of
his family."
d in the form of wages
namely wages without
fixed allowance. When
ust reach 75% (seventy
This also applies when
fixed allowance.
nal Labour Review 142,
__
66
Fair use in waging shou
sacrifice given by income or sa
of requirements (specifications
Then it can be permissible if th
course the expected earnings or
of work as the form of loyalty
that the working period will aff
Fair use in waging not
wage level in each company w
received with what other coll
quantity of wages which is cons
Other things that have
measured by market conditions
purchasing power. This is bec
workers which includes food, c
earnings can be spent for saving
The word fair become
granting a taxable return fro
seriousness of the great con
contribution of workers not onl
the quality of performance bas
that working relationship.8
Justice is often called fa
the balance which means that th
situation. The second is that co
case, it requires a high quality
clarity, thoroughness compatib
Organization of the work of ju
work demanded of the effect
organization or individual and
workers. So both not collide the
8
Ibid.
g should be associated and linked between the co
e or salary/wages. An Office can only be filled wh
ations) whose goal is to put a person on the field
e if the requirements of the position or work a lot h
ngs or compensation are also getting higher. In add
yalty and devotion to the workers as a form of sac
ill affect the magnitude of the wage or income are
g not an absurd thing, abstract, but rather can b
any would be a quantitative measure for workers
r colleagues received in another company so th
is considered fair.
t have to be met are the eligibility. This feasib
ditions, such as the rate of inflation, the value of m
is because the wages should be utilized to fina
food, clothing, Board, the cost of children's educa
savings.
me sone of the basic principal in waging or payro
fro the work that has been done should be
t contribution of the workers in the producti
ot only with regard to the large number of hours o
ce based on education and work experience that s
lled fairness. Justice has two basic principles. The
that the regulations must apply equally to certain d
that correctness means that the decisions taken mu
quality from the policy makers in terms of consi
mpatibility in accordance with the values and mo
k of justice must be upheld because it has a purp
effectiveness of the performance. That is, in
al and group achievements company sued by the
ide then there should be a fair rule. Second, the tar
the contributions or the
led when met a number
e field of his expertise.
a lot higher and then of
In addition to note time
of sacrifice as well, so
e are expected.
can be measured. The
rkers to gauge what he
so that it will form a
feasibility can also be
ue of money, as well as
o finance the needs of
education, even ideally
r payroll system. Fair in
d be correlated to the
roduction system. The
ours of work, but rather
that she pointed out in
s. The first principle is
ertain deeds in the same
en must be true. In this
consistency, accuracy,
nd moral force. In the
a purpose. First, in the
s, in the work of the
y the companies or by
community. By enforcement of
a means to reward for individua
Eligibility is also seen
eligibility has been reached,
consistency (external consisten
than other companies, then thi
Therefore, to meet both the con
of the work.10
Eligibility, as a purpose
regarding wages. If the statuto
system need to be adjusted as w
Not that same sense of justice e
associated tradeoffs (input) wi
expected, therefore the sacrific
in one position devoted of requ
therefore, increasingly higher
accepted wage employees is co
each employee beneficiary wag
this means the company has had
In addition to the issu
eligibility in waging system.
minimum basic necessities or
government. Eligibility is also
eligibility has been reached,
consistency.
Waging impropriety ca
compared to other companies. T
lower wages compared to the s
and (b). Scales of wages whic
decent scale compared with sca
9
Anthony T. Kronman, “Contract La 511.
10
Mark A. Huselid, “The Impact of Corporate Financial Performance,” A
ent of the justice then prosperity can be achieved.
ividuals as well.9
seen by way of comparing waging in other c
ched, then the company has achieved what is
sistency). When the efforts within the company co
en this can lead to difficulties for the company
he consistency (internal and external) will need to
urpose, is related to the implementation of all la
statutory laws and regulations change, then its ow
d as well, so that the purpose of the eligibility ma
stice equally indiscriminate, but it must be a conne
ut) with output. The higher the income, the highe
acrifice (inputs) in a position should be judged ver
f requirements (specifications) that must be filled
igher income (output) is expected. The output is
concerned, where it listed the very sense of ju
ry waging it. When the demands of justice like th
as had an internal consistency within the waging
e issue of fairness, it is also necessary to pay
. This understanding with regard to the standar
ies or minimum wage in accordance with the p
s also seen by way of comparing waging in other c
ched, then the company has achieved what is
iety can be done by measuring the wage scal
nies. There are two kinds of such impropriety, nam
the scale of wages paid to scale the same job in a
s which a particular work receive a payment whi
ith scales for other types of work in the same comp
ract Law and Distributive Justice,” The Yale Law Journal 89 act of Human Resource Management Practices on Turnov Academy of Management Journal 38, no. 3 (1995): 635
__
67 ieved. Third, fairness is
ther companies. When
hat is called external
any concerned is lower
pany to acquire labor.
eed to use an evaluation
all laws and regulations
its own compensation
ity may continue to run.
connection between the
higher the sacrifice is
very carefully. Input
lled by a person. It is,
tput is shown from the
e of justice observed by
ike this have been met.
ging system.
o pay attention on the
tandard of living as the
the provisions of the
other companies. When
hat is called external
e scale of a company
ty, namely: (a) scales of
ob in another company,
nt which is less than a
company.
__
68
The wage or salary is
liability and should not be ig
workers wage issues, Islam giv
principle of granting wage shou
A worker has the right
duties, then if the postponem
employment contract, it is also
in labor law about the mechani
just right.
The grant of a wage to
employment rates by the amoun
is translated with the Minimum
parties who employ others to
system, among employers with
If fair is meant as clari
should be accepted wage simp
God delivered through the Me
apply the wage system that po
example, or between the level o
company.
3. Conclusion
Waging systems that is
attempted by government throu
wage based on KHL. During
guarantee his life with his famil
Determination of real w
between employers and worke
time to play with the principle o
of humanity, fairness, and profe
The problems that occu
and even if you are not a profes
as well as encourage the onset 11
Rafik I. Beekun and Jamal A. Bada Stakeholders: The Islamic Perspective
ary is the economic right fulfillment for worker
be ignored by employers. Considering the imp
am gives guidance to the parties who employ othe
e should cover two things, namely a fair and adequ
right to receive wage when he or she has alread
tponement salary of workers, it is in addition
s also contrary to the principle of Justice in Islam.
echanisms and the terms of the suspension of the m
ge to be precise, it must also contain the justice.
amount of the wages received. Well during this tim
inimum wage system. Moreover, Islam also teac
rs to heed the contract or agreement on waging
s with workers.
s clarity and proportionality, then the feasibility o
simply in terms of human needs11. If it refers to
he Messenger of Allah to ask employers and entr
poses a very big gap between workers with m
level of workers with other workers at one compan
that is capable of providing legal protection to w
through specifying the basis of the determination
uring labor/worker is doing his job, he has right
s family.
real wage and waging leads to a climate of he
workers through bipartite. The form could be a
ciple of cost production-suppressing wages by igno
professionalism.
t occur in waging is a very crucial issue in the field
professional in handling waging, it can become a
onset of labor strike or a rally. Handling waging
. Badawi, “Balancing Ethical Responsibility among Multiple pective,” Journal of Business Ethics 60, no. 2 (2005): 131–
orkers who become a
e importance of these
y other people that the
adequate.
already worked on his
dition to violating the
Islam. Then the settings
f the minimum wage is
stice. Justice seen from
his time, proportionality
o teaches in order that
aging system and work
ility of talking quantity
fers to the command of
entrepreneurs do not
with manager level for
ompany or with another
n to workers/Labour is
ination of the minimum
right for life wage to
of healthy cooperation
be a PKB. It is not the
y ignoring the principle
he field of employment,
a potential disputes
aging not only includes
the technical aspects and its ec
things have to do implement
regulation.
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__
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__
