Criminal Offense in Employment Relations Under Indonesian Labor Law
Keywords:
Labor Criminal Law; Employment Relations; Manpower Law; Employer Liability; Job Creation LawAbstract
Employment relations in Indonesia are primarily governed by labor law norms that aim to ensure fairness, legal certainty, and protection for workers. However, beyond civil and administrative regulations, Indonesian labor law also incorporates criminal provisions intended to address serious violations committed within the workplace. Law No. 13 of 2003 on Manpower explicitly regulates a number of labor-related criminal offenses, particularly those concerning wages, working hours, occupational safety and health, and employer obligations. These provisions were partially amended by Law No. 11 of 2020 on Job Creation, which restructured the sanction system and emphasized administrative enforcement mechanisms. This article examines labor criminal offenses within employment relations from a normative juridical perspective by analyzing statutory regulations, legal doctrines, and scholarly opinions. The study focuses on the elements of labor crimes, the scope of employer criminal liability, and the position of criminal law as an ultimum remedium in labor law enforcement. The findings indicate that although criminal sanctions are no longer the primary enforcement instrument, they remain essential to ensure compliance, deterrence, and protection of workers’ fundamental rights within industrial workplaces.
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