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

Adnan Hamid and Hasbullah Hasbullah
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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

International Journal of Research in Business and Social Science (2147-4478), 2021, vol. 10, issue 4, 535-548

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

Date: 2021
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