Juridicial Implication of Legal Politics of Minimum Wage in Indonesia

Abstract

A matter of basic law which relates to the wage policy that has less attention to the humanity and justice principle is the emerge of juridicial implication towards the another related rule. Therefore, the description and analysis that sould be done are revealing critically the existing legal norms related to the policy of minimum wage determination. Based on the analytical result, it can be concluded that the validity of a legal norm can be determined by another legal norm, and that legal norm becomes the basis of validity of the first legal norm. It means that in the concept of law, there is actually a hierarchy of law. The law which has low degree is actually the rule of the legal norm which is above on it. The effect of legal politics of payroll which exists in Law No. 13 of 2003 on labor especially on minimum wage which is unclear/blurred is the effect of legal politics that less pay attention to the justice and humanity, that is why the juridicial implication towards the rule that is below it is more hazy and it eschews more from the hope of expected law, that is justice and humanity, and the last consequence is juridicially the emerge of suit in the court claimed by the Indonesian laborers.

Keywords: Juridicial Implication, Legal Politics, Minimum Wage