Analisis Yuridis terhadap Ketidaksesuaian Upah Pekerja Ditinjau dari Perspektif Hukum Ketenagakerjaan

Abstract

Wage regulation occupies a significant position within employment relationships because wages constitute not merely compensation for work performed by workers, but also an essential component of the fulfillment of workers’ statutory rights and employers’ legal obligations. From a legal perspective, wage compliance cannot be assessed solely by reference to the applicable minimum wage. Rather, it requires a comprehensive examination of statutory provisions, employment agreements, wage structures and scales, wage components, and the principles of justice and proportionality. This research examines the construction of legal parameters for determining whether wage payments are consistent or inconsistent with Indonesian labor law. It aims to analyze the legal construction of workers’ rights to wages, formulate juridical parameters for identifying wage payment non-compliance, and examine the forms of legal protection and legal consequences arising from the failure to fulfill wage rights in accordance with applicable legal provisions. This study employs normative legal research using statutory, conceptual, and case approaches. Legal materials are analyzed through descriptive-analytical methods, legal interpretation, normative synchronization, and legal reasoning, with reference to the theories of legal protection, legal certainty, justice, and proportionality. The findings demonstrate that wage payment non-compliance cannot be determined merely by comparing the wages received by workers with the applicable minimum wage. A juridical assessment must also consider compliance with statutory provisions, minimum wage requirements, employment agreements, wage structures and scales, job position, length of service, education, competence, wage components, the timing and procedures of payment, as well as the objective and proportional basis for wage differentiation. Therefore, wage non-compliance constitutes a legal issue concerning the conformity of workers’ wage rights with applicable legal norms and must be assessed through objective juridical parameters rather than merely through nominal differences or subjective perceptions regarding the adequacy of wages.