IMPRISONMENT SENTENCE WITH PROBATION ON MINIMUM WAGES NON-COMPLIANCE CRIME AS A RESULT OF THE CONVICTS’ GOODWILL

Law

This study examines the problem of imposing prison sentences with a probationary period on the crime of minimum wage non-compliance, due to the good faith of the defendant by delivering wage deficiency or adjusting wages at minimum level before the panel of judges decided the case as in verdict number 1394/Pid.B/2015/PN.JKT.PST, number 1662/Pid.B/2015/PN.LBP, and number 725/Pid.Sus/2019/PN TJK. This research is normative legal research which is descriptive in nature, through arguments provision based on the research results. The approaches used in this study are statutory and case study approaches. Data collection technique is a literature study, which further analyzed by utilizing deductive method. The results of the study revealed that the imposition of suspended sentence in the crime of minimum wage non-compliance is appropriate based on the perspective of company goodwill. The reason behind it is that the imposition will provide benefits to employees who are still working and depend their livelihood on the company. It also provides opportunities for victims to return to work at the company by earning a decent wage as stipulated in the Labor Law.

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