Industrial Relation and Criminal Sanction The Case of Indonesia

• Main Author: M. Hadi Shubhan, -
• Format: Article PeerReviewed
• Language: English; English; English
• Published: IAEME Publication 2019
• Subjects: K Law
• Online Access: https://repository.unair.ac.id/100334/1/3.%20Industrial_indo-IJCIET%20vol%2010%20issue%203%202019.pdf; https://repository.unair.ac.id/100334/3/3t%20INDUSTRIAL%20RELATION%20AND%20CRIMINAL%20SANCTION%20THE%20CASE%20OF%20INDONESIA.pdf; https://repository.unair.ac.id/100334/7/3%20ji%20hadi%20rev%20industrial%20relation001.pdf; https://repository.unair.ac.id/100334/; http://www.iaeme.com/MasterAdmin/uploadfolder/IJCIET_10_03_109-2/IJCIET_10_03_109-2.pdf
• Institution: Universitas Airlangga

This research examined the laborers’ tendency to utilize criminal sanctions in industrial relations in Indonesia when their company violates their rights. This trend is essentially noteworthy for investors who plan to establish companies in Indonesia, so then they will not become subject to criminal sanctions on labor. Industrial relations involve very complex legal relationships. This is because the legal regime regulating it is a mixture of numerous legal fields, including civil law, state administrative law, criminal law and in certain cases, international law. There is the tendency of the workers/laborers to impose criminal law drawn from various fields of law regulating industrial relations when their company violates their rights. Labor criminal sanctions in industrial relations have their own characteristics in comparison to general criminal sanctions. In the practice of enforcing labor laws in Indonesia, the courts have decided on several labor criminal cases, including not registering workers to the workers' Social Security Organizing Agency or BPJS and stipulating a wage that is below the minimum standard.