192 563 1 PB
192 563 1 PB
192 563 1 PB
ABSTRACT
Crimes in the field of labour are illegal acts committed by both employers and
workers who violate work agreements, company regulations, collective labour
agreements, and labour laws where the threat of criminal sanctions is regulated in the
Labour Act. Although there are already clear rules and norms, the reality is that criminal
mechanisms in the Labour Act are rarely implemented so violations often occur by
companies due to the absence of strict law enforcement. This type of research used in
this study is normative juridical research. Labour law enforcement takes place through 3
stages: educational preventive, non-judicial repressive, and judicial repressive.The
judicial repressive stage is carried out through a process of investigation by the PPNS
Labour in a manner that is regulated in criminal procedural law. Based on Lawrence M
Friedman's legal system theory, the factors that cause labour law enforcement have not
been effective, including legal structure factors, which are false perceptions both from law
enforcement officials and related parties causing labor law enforcement to be less than
optimal, factors of a legal substance that in The Labour Act still does not regulate all
crimes committed against workers that constitute a criminal offense, and legal cultural
factors that the workers have not been able to distinguish between disputes and labor
criminal violations and unions are not careful in positioning cases between disputes or
violations so as to prioritize disputes cases rather than a violation.
Keywords: Labour criminal law, labour crime ; law enforcement,
ABSTRAK
1
Instansi Dinas Tenaga Kerja dan Transmigrasi Prop. Jateng di Semarang, E-mail :
[email protected] , HP. 082225038480
Efektivitas Penegakan Hukum Pidana…… | 132
antara perselisihan dan pelanggaran pidana ketenagakerjaan dan serikat pekerja kurang
cermat memposisikan kasus antara perselisihan atau pelanggaran sehingga lebih
mengedepankan kasus perselisihan daripada pelanggaran.
Kata Kunci : Hukum Pidana Ketenagakerjaan