Law and Humanities
Quarterly Reviews
ISSN 2827-9735
Published: 04 September 2024
Reconstruction of Regional Regulation on Wages for Non-Metallic Mineral and Rock Mining Workers in Indonesia, Specifically in Bogor Regency, West Java Province
Gugum Gumilar, Aloysius Uwiyono, Elsi Kartika Sari
Universitas Trisakti, Indonesia
Download Full-Text Pdf
10.31014/aior.1996.03.03.126
Pages: 65-78
Keywords: Workers, Non-Metallic Mineral and Rock Mining Workers, Law Enforcement
Abstract
Wages for mining workers in Indonesia constitute a complex issue involving various legal, economic, and social aspects. Wage regulations in this sector are governed by several laws and regulations, including Law No. 13 of 2003 on Manpower and Government Regulation No. 78 of 2015 on Wages. However, wage regulation for mining workers in Indonesia still faces various challenges, including a lack of law enforcement, weak supervision, and low legal awareness among mining workers. Many mining companies do not comply with employment and occupational safety regulations, and the government does not have enough labour inspectors to oversee all mining companies. The aim of this study is to analyse the rights and obligations of mining workers in Indonesia based on the Manpower Law and other related regulations. The research method used is a literature study by collecting data from various sources, such as laws, government regulations, scientific journals, and news articles. The research results indicate that mining workers in Indonesia are entitled to several benefits, such as minimum wages, leave, social security, and occupational safety. However, in reality, many mining workers do not receive these rights. This is due to several factors, such as a lack of knowledge about their rights, weak law enforcement, and an unconducive work culture.
References
Damaitu, E. R., SH, M., Mulyana, H. Y., SH, M., Rangotwat, C. A., SH, M., ... & CPL, C. (2024). Initial Exploration in Legal Science. Batam: Cendikia Mulia Mandiri.
Hadjon, P. M. (1987). Legal Protection for the People in Indonesia: A Study of its Principles, Handling by the Courts in the General Judiciary Environment and the Establishment of State Administrative Courts. Surabaya: Bina Ilmu.
Indrawati, S., & Sari, E. K. (2022). Sand and Soil Mining Without a People's Mining Permit Conducted Individually (Kenny Sugita) In the River Flow and Rice Field Areas in Ngastemi Village, Bangsal District, Mojokerto, East Java (Case Study Number 145/Pid. Sus/2019/Pn Mjk). Metrik Serial Technology and Science, 3(1), 16-20.
Kahpi, A. (2018). Wages: An Overview of Labour Problems in Indonesia. Jurisprudentie: Department of Law, Faculty of Sharia and Law, 5(2), 67.
Lago, Y., Ginting, Y. P., & Sugianto, F. (2023). The Dilemma of Legal Justice Between Unwritten Living Law (Ongeschreven Recht) and the Principle of Legality in Indonesian Criminal Law from a Philosophical Perspective. Journal of Legal Studies, 19, 71-84.
Puspitasari, I., & Saraya, S. (2022). Government Efforts to Mitigate the Impact of Type C Mining (Case Study in Kaliwungu District, Kendal Regency). Journal of Legal Dialectics, 1(2), 39-60.
Rochmaningrum, F. (2012). The Development of the Cepu Oil Block and its Impact on the Socio-Economic Conditions of Ledok Village, 1960-2004. Journal of Indonesian History, 1(2).
Rustam, P., & Roestamy, M. (2018). Legal Protection for Mining Workers in the C Excavation Sector in Terms of Wages and Worker Welfare in West Java Province. Living Law Scientific Journal, 10(2), 104-113.
Sitorus, R. E. P., & Uwiyono, A. (2022). Juridical Analysis of the Conflict Between Autonomous Legal Norms (Collective Labour Agreements) and Heteronomous Norms (Law No. 13 of 2003 on Employment). Al-Mashlahah Journal of Islamic Law and Social Institutions, 10(01), 181-196.
Sudiyana, S., & Suswoto, S. (2018). A Critical Review of the Theory of Legal Positivism in the Search for Substantive Justice. Qistie, 11(1). Suryono, L. J. (2011). The Principle of Justice in Industrial Relations Contracts. Semarang: Diponegoro University.