The Implementation of Criminal Sanction in Corporation of the Labour Law Perspective (Case Study on Corporations in Cianjur District, Indonesia)

By Zulkarnaen, Ahmad Hunaeni | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

The Implementation of Criminal Sanction in Corporation of the Labour Law Perspective (Case Study on Corporations in Cianjur District, Indonesia)


Zulkarnaen, Ahmad Hunaeni, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Since 1990, Indonesia experienced a very rapid industrial development with the emergence of various kinds of corporations in various regions in Indonesia one of them is Cianjur district known as a new industrial city in Indonesia. According to the Head of Department of Manpower and Transmigration of Cianjur Regency, the number of corporations with various types of businesses located in Cianjur Regency, which tend to increase every year, from 2015, 960 corporations; 2016, as many as 960 corporations and in 2017, 1024 corporations. Besides the development of new corporation establishment in Cianjur regency, also followed by high corporation crime. According to the researcher's observation, at least there are 171 cases violation annually done by corporation especially violating the Act No. 13 of 2003 on Manpower. However, researchers have not found a single offense that puts corporations as defendants.

Corporation criminal act in the field of employment is one of many legal issues that have not got much attention from law enforcement officials in the field of employment compared to issues of labour law that are non-criminal such as violations of the normative rights of workers (minimum wage, overtime salary, holiday allowance, etc.). The implementation of sanctions toward corporation criminal act in labour crime runs slow, whether by law enforcement in charge of employment, workers' organizations and even industrial relations courts, even industrial relation courts labour rarely give sanctions to corporation committing criminal acts, it shows the industrial relations court judges lack of understanding about Corporation as subject of criminal law of labour (Sobczak, 2003).

Corporation criminal acts toward their labour are types of organizational crime, therefore it is necessary to understand the in-depth understanding of a corporation, its forms, activities, administrators, rights and obligations, responsibilities and the types of employment crimes which are often perpetrated by corporations or other types of labour legislation or rights of workers/labour which are often violated by corporations. With such recognition, it is expected to find juridical solution (Yoder, 1973).

Corporation criminal acts in the field of employment have large negative impacts, especially on the welfare of workers/labours that will thwart the government's efforts to create prosperous society, while law enforcement may not work well. There are 5 (five) inhibiting factors in law enforcement of labour crime, namely: Law enforcer, facilities, community, cultural and legal factors (legislation). The five factors are closely related and are essential for law enforcement. The issues studied in this study are as follows: How is the implementation of criminal sanctions toward corporations committing labour crimes and what are criminal sanction types that can be implemented against corporations committing labour crimes?

RESEARCH METHOD

The research method used in this study is qualitative research that does not use any calculations of numbers in performing epistemological justification, but trying to see the relationship between humans and their culture. The data collected in this study were secondary data supported by research data (primary data). Secondary data is diverse and complex. However, this research gave more focused on documents, texts or scientific papers that are relevant to the issues studied. The data were selected accurately. The documents used were integrated with some of the Primary Data as initial research conducted by the researcher in collaboration with the Department of Manpower and Population, Department of Education and Culture, Department of Tourism, Law Court Cianjur District or primary data obtained when this research is conducted.

The data collection technique was done through document/literature review supported by the participation of observation through in-depth interviews. In this study, the researcher became the main instrument (data gathering tool), in accordance with the characteristics of qualitative research. …

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