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The Implementation of criminal sanctions as ius puniendi: A case study of entrepreneurs paying below the minimum wage in Indonesia

Author

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  • Adnan Hamid

    (Faculty of Law, Universitas Pancasila , Jl. Srengseng Sawah, Jagakarsa ,Jakarta Selatan -12640, Indonesia)

  • Hasbullah Hasbullah

    (Faculty of Law, Universitas Pancasila , Jl. Srengseng Sawah, Jagakarsa ,Jakarta Selatan -12640, Indonesia)

Abstract

The purpose of this study is to investigate and assess and seek to answer comprehensively related to the implementation of criminal sanctions for entrepreneurs who pay below the minimum wage in Indonesia. As the object of research is manpower and criminal law which must be used as a tool for social control and as an obligation of the state to implement it, ius puniendi. This research is normative legal research using quantitative methods. The results of the study indicate that the implementation of criminal sanctions is very necessary and becomes a critical issue as a form of protection for workers to ensure the basic rights of workers to obtain a minimum wage. Efforts that must be made by the government are implementing criminal sanctions consistently, implementing literacy programs and sharing information, implementing socialization programs with a dialogical approach that involves the participation of the wider community, improving the quality of public services based on professional human resources and utilizing communication and information technology. to prevent and minimize the occurrence of various forms of violations of labor law and criminal law, especially with regard to the provisions of the minimum wage. Key Words:Criminal Sanctions, Ius Puniendi, Entrepreneurs, Minimum Wage, Manpower and Criminal Law, Indonesia

Suggested Citation

  • Adnan Hamid & Hasbullah Hasbullah, 2021. "The Implementation of criminal sanctions as ius puniendi: A case study of entrepreneurs paying below the minimum wage in Indonesia," International Journal of Research in Business and Social Science (2147-4478), Center for the Strategic Studies in Business and Finance, vol. 10(4), pages 535-548, June.
    • Handle: RePEc:rbs:ijbrss:v:10:y:2021:i:4:p:535-548
    DOI: 10.20525/ijrbs.v10i4.1259
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    References listed on IDEAS

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    1. M. Diane Burton & Robert W. Fairlie & Donald Siegel, 2019. "Introduction to a Special Issue on Entrepreneurship and Employment: Connecting Labor Market Institutions, Corporate Demography, and Human Resource Management Practices," ILR Review, Cornell University, ILR School, vol. 72(5), pages 1050-1064, October.
    2. Martha J. Bailey & John DiNardo & Bryan A. Stuart, 2021. "The Economic Impact of a High National Minimum Wage: Evidence from the 1966 Fair Labor Standards Act," Journal of Labor Economics, University of Chicago Press, vol. 39(S2), pages 329-367.
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