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82 J.L. Pol'y & Globalization 96 (2019)
The Concept of Proper Wages for Workers Based on Social Justice

handle is hein.journals/jawpglob82 and id is 96 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)  DOI: 10.7176/JLPG
Vol.82, 2019                                                                                       IISTE


      The Concept of Proper Wages for Workers Based on Social

                                              Justice

                                            Suci Flambonita
                  Doctoral Program Law, Faculty of Law, Brawijaya University, Indonesia
                            and Lecture at Faculty of law, Sriwijaya University

                                        Abdul Rachmad   Budiono
                         Promoter, Faculty of Law, Brawijaya University, Indonesia

                                             Iwan  Permadi
                       Co-Promoter I, Faculty of Law Brawijaya University, Indonesia

                                             Abdul  Madjid
                      Co-Promoter  II, Faculty of Law Brawijaya University, Indonesia
                             Faculty of Law, Brawijaya University, Indonesia
                 Jl. MT. Haryono 169, Ketawanggede, Lowokwaru,  Malang, East Java 65145

Abstract
The phenomenon   of worker remuneration  systems experiences fluctuating and situational developments. The
development  of increasingly complicated situations in economic, social, cultural, and political correlation
encourages the state (government) to be involved in legal protection of the for workers' welfare including the right
of workers to get proper wages. With the involvement of the state in manpower field, as the responsibility of the
state, namely determining the interests of the community in order to build prosperity as mandated by the Indonesia
Constitution of 1945 in Article 27 (2) and Article 28D (2), which are translated into Law Number 13 of 2003
concerning manpower   as applicable rule. This research study is a legal research, which examines laws and
regulations in a coherent legal system. The conceptual approach to the regulations (statute approach) is then
analyzed using analytical prescriptive. The indicators of worker's welfare in Indonesia, especially wages, with the
provisions of the legislation that regulates minimum wages as a the basis for providing proper wages for workers
must be heeded by employers who employ person or a group of people in business activities. Wages are important
for workers laborers fulfilling their daily needs properly and creating a prosperous society in accordance with the
constitutional mandate in Indonesia.
Keywords:  wages, home  base workers, social justice
DOI:  10.7176/JLPG/82-13

A. Introduction
Wages  have always been the most important issue for workers so that employers should pay more attention to
determine a fair and reasonable wage system. Wages are the rights of workers obtained from work relationships
and that right ends as the termination of the relationships (Rizki Saputra, 2007: pp. 94). Thus, wages are irreducible
rights for workers  be reduced in accordance with  according to agreements based on  applicable laws and
regulations. Furthermore,for employers wages are components calculated as production costs or business capital.
If the production cost is high and not compatible with the selling value of the product, it will reduce employer's
profit, or even create losses. This happens because the conditions are inversely proportional to the demands of
workers, who want  higher wages. Employers expect neither small profit nor losses, while workers want higher
wages. This conflict of interest between the two has not reached a better settlement point.
     Indetifying the causes and finding the solution are the duty and responsibility of all stakeholders, especially
those related to proper wages for workers based on social justice. Understanding the labor/employment context,
the involvement of the state manifests itself with the existence of applicable legislation concerning wage system,
work place health and safety, other matter. It is basically the government's duty to carry out state functions in the
formulation of the national objectives of the Republic of Indonesia, as the fourth paragraph of the introduction of
1945 Constitution of the Republic of Indonesia, states realizing justice and advancing public welfare.
     The concept of proper wages based on social justice needs to be considered as a reference or guideline to
obtain a formula on how proper wages are given for the welfare of workers. Welfare is directly proportional to the
fulfillment of elements of social justice. In line with this, social justice can be associated with the expansion of
equality meaning, which is then translated into the opportunity of gettingjobs as well as receiving a fair and proper
treatment and compensation according to the work as stipulated in Article 27 paragraph (2) and Article 28D
paragraph (2) of the Indonesia Constitution of 1945 which constitutes the manifestation or implementation of
social justice principles.


96


Journal of Law, Policy and Globalization


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