Penerapan Sanksi Pidana Dalam Penegakan Upah Minimum Selama Masa Pandemi Covid 19

Abstrak

The increase in the minimum wage that occurs every year becomes a separate issue for employers because they have to prepare additional costs, because the minimum wage must be adhered to avoid criminal labor sanctions. The application of criminal sanctions violations of the minimum wage provisions into two sharp blades for employers, on the one hand meet the minimum wage provisions are considered burdensome amid tight business competition and decreased work productivity due to restriction policies from the government in order to cope with the covid-19 outbreak. Sociological position of employers higher and stronger than workers it is necessary to force power to protect it. Violation minimum wage provisions are absolute complaints. Enforcement of criminal sanctions against companies that pay workers wages below the minimum wage during the covid-19 period, it is necessary to protect workers by prioritizing the return of wages until in accordance with the provisions and settlement of the parties (restorative justice) and criminal sanctions are a last resort (ultimum remidium).