EFFECTIVENESS
OF ORGANIZATION BOARD WAGE DETERMINATION IN THE MINIMUM WAGE
Ikomatussuniah, SH., MH
Lecturer Faculty of Law
Sultan Agung University Tirtayasa
Email: ikomatussuniah80@yahoo.co.id
Abstract
Wage
compensation granted the employer to the employee for the performance of work
done according to the agreement. Regional wage boards is an organization supporting the government
to formulate a policy of wage determination. Wage Board is a team consisting of
elements of the organization of workers, employers, government and experts from
university. How far the team's effectiveness in formulating wage policy to be
set by the head of the study area should be reviewed restaurants. Writing this
paper made by normative empirical methods, through the study of literature and
the data and observations of the author as a participant in the consolidation
of the National Wage Council in Grand Sahid, Jakarta. Solidity team contained in the Board
remuneration society together has implications for social justice wage
Recommendations to the head of the region.
Keywords: Wages, Regional Wage Board team
collaboration, social justice.
I.
PRELIMINARY
A.
Background
Employment is a transitional word of labor.
Since the enactment of labor laws rules in the Act No. 13 of 2003, hence the
term labor in accordance with Law No. 2 of 1974 on labor, turned into labor.
Under article 1 paragraph 1 of the Employment Act, the definition of employment
is all matters relating to labor at the time before, during and after the
period of employment. About wages, is included into the category of employment
arrangements before, during and after the period of employment. Before the
period of employment, wages agreed in the employment agreement between
employers and workers. During the period of employment, wages and the
performance given in accordance employment agreement that has been agreed by
both parties that employers and workers. After years of service, termination of
employment may give rise to rights and obligations between workers and
employers in the form of severance pay, gratuity and compensation. Under
article 1 paragraph 30 Labor Law:
The
right of workers / laborers received and expressed in terms of money as a
reward from the employer or the employer to workers / laborers are set and paid
by an employment agreement, agreement or legislation, including allowances for
workers / laborers and their families for a job and / or services that have
been or will be performed.
Employment
issues, particularly the minimum wage is an issue that is crucial for Indonesia
to become more competitive. Fixing the minimum wage will increase national
competitiveness by reason of:[1]
a.
Relatively labor
intensive companies, fluctuations and uncertainty for employers pay very influential
in the certainty of doing business.
b.
Competitive wages, if
the government helped compensate for some of the needs of workers (such as health
and transport), will cause the price of competitive goods also thereby
increasing sales and economic growth significantly.
c.
The minimum wage does
not rational businessman would make it difficult to recruit new employees, thus
supporting employment reduce unemployment.
Wages,
wage system and social justice is an issue that the author wants to put
forward. Problems always occur every year when wages will be set by the
government. Demos rolling the labor issues of employment one about wages and
dynamics can certainly occur each year. Closing highways, anarchism, sweeping
factories and mobilization of workers in large numbers certainly occur at the
end of the year in which per November 1 each year based on Manpower ministry
agreement No. 7 Year 2013 About Minimum Wage, the governor of each region to
set and announce the Provincial Minimum Wage, then no later than November 21st,
Minimum Wage Regency / City is determined and announced by the respective
Governors.
The
problems that ensued in the field is when the laws that have been defined in a
legal regulation turns on the field was not running as it should, for example,
revealed in data provided by the Director General of Industrial Dispute of
Manpower Ministry, he is Mr. R. Irianto Simbolon, SE., MM, in his presentation
on activities Consolidation Forum of National Wage Council in Jakarta on
September 7 to 9, 2014, stating Implementation of Presidential Instruction No.
9 Year 2013 About Minimum Wage determination in the framework of Business
Continuity and Workers Welfare Improvement the Provincial Minimum Wage known
that determination is not carried out simultaneously, and there is also the
province that do not set the Provincial Minimum Wage.[2] As
guardian of the determination of wages and wage policy, the Board of wages is a
representation of the elements of workers' organizations, employers, government
and academic experts, who regularly work together to achieve the goal
Determination fair wages.[3]
B. Problem
Formulation
Based
on the explanation above, the core issues in this paper are:
1.
Efforts to increase the
capacity of the Regional Wage Board team collaboration.
2.
Efforts to improve team
collaboration Regional Wage Board thus also increasing the performance and
effectiveness.
3.
How to optimize the
implementation of the Regional Wage Board task in building teamwork.
C. Purpose
1.
To know the efforts to
increase the capacity of teamwork in the Regional Wage Council.
2.
To know and understand
the effort to improve team collaboration Regional Wage Board thus also
increasing the performance and effectiveness.
3.
To know and understand
how to optimize the implementation of the Regional Wage Board task in building
teamwork
II.
EFFECTIVENESS OF ORGANIZATION BOARD WAGE DETERMINATION IN THE MINIMUM WAGE
A. Wage
Council
Wages
and wage system is one of the discussion in Act No. 13 of 2003 On Labor (Labor
Law). Remuneration arrangements in Labor Law contained in chapter 88-98. In
Article 98 specifically outlined on the Wages Council was formed to provide
advice, judgment, and formulate a wage policy which will be determined by the
government as well as for the development of the national wage system. Wage
Council is a non structural tripartite. The councils consist of representatives
from governments, employers' organizations, organizations of trade unions /
labor unions, universities and experts. The national councils appointed and
dismissed by the President, while the Provincial Wage Council, District /
Municipal appointed and dismissed by the Governor / Regent / Mayor. More on
Wages Council stipulated in the Decree of the President of the Republic of Indonesia
Number 107 of 2004 About the Wage Council.
The
Wages Council of Provincial, District / City is a productive group that
functions effectively and efficiently. In this group the number of people
gathered oriented common goals of superior quality, compact and shaded by the
values of a clear and binding behavior. All members have the competence and
integrity of the quality of a more or less balanced. The spirit of learning
among group members is very high in order to achieve success and excellence
together. The group is no longer just work together but to the extent of
cooperation.[4]
In the remuneration of the Board members behave as a team Provincial Wage
Council, District / City is a group formed by the Department of Manpower and
Transmigration Areas under the auspices ministry of manpower and transmigration
who is directly responsible to the governor, regent / mayor, for implementing
tasks that have been mandated in legislation, as well as membership is mandated
within 3 years. And can only be extended for the first time next period.
Ideally, a group including the Regional Wage Board directs the group to a
higher level by building a team which, among others, has the following
characteristics:[5]
a.
It consists of a number
of skilled people, the same goals, encourage and empower each other.
b.
Sharing information to
build a level of trust and high responsibility.
c.
Using clear boundaries
to create the freedom and the responsibility to complete the task productively.
d.
Effectively uses time
and talent as well as leadership group members distributed.
e.
Controlling themselves
well in group decision making that contribute to the exceptional performance
for members, groups and organizations.
Regional Wage Council tasked to provide advice, judgment, and formulate
a wage policy which will be determined by the government, as well as for the
development of the wage system. The definition of wages under article 1 (a) of
Government Regulation No. 08 of 1981 on the Protection of Wages are:
A reception in return from the employer
to the worker for a job or services that have been or done, expressed or
assessed in money terms are set according to an agreement, or legislation, and
is paid on the basis of a labor agreement between the employer and the workers,
including benefits both for the workers and their families.
Regulation
wages are minimum wage, the minimum wage is the lowest monthly wage consists of
basic salary including fixed allowances set by the governor as a safety net.[6] Minimum wages consists of the Minimum Wages, Minimum
Wage Provincial or District / Municipal and Provincial Sectoral Minimum Wage or
Sectoral Minimum Wage Regency / City. Minimum Wage Fixing based on the Living
Needs by taking into account productivity and economic growth. Minimum wage is
directed at achieving the Living Needs. The Living Needs is a comparison of the
magnitude of the achievement of Minimum Wages on the value of the Living Needs in
the same period. For the achievement of the governor set the stage of the
Living Needs achievement in the form of a roadmap for the achievement of the Living
Needs Specific Intensive Industries Company and for other companies considering
the condition of the ability of the business world. Roadmap to achieving the Living
Needs prepared with the following steps:[7]
a.
Determine the attainment of a minimum wage equal to the Living Needs;
b.
Predicting the Living Needs value until the end of the achievement;
c.
Predicting the minimum wage each year;
d.
Establishes the percentage achievement by comparing predictions the Living
Needs minimum wage with the Living Needs prediction value every year.
B. Minimum
Wages Data
Some of the data that can be analyzed for wage system that social
justice can be seen in the data provided by the Director General of Industrial Dispute and Social Security:
1.
Minimum Wage Provincial
determined and announced by the respective governors simultaneously every
November 1 in each year, but based on the exposure data from the Directorate
General of Industrial Dispute and Social Security, note, that:
a)
2014 Minimum Wage Provincial,
provinces set simultaneously in a timely 1st November 2013, namely NAD, North
Sumatra, Riau, Riau, South Sumatra, Jakarta, Sulawesi, Central Sulawesi and
West Papua.
b)
Minimum Wage Provincial
, provinces set in 2014 before 1st November 2013, namely West Sumatra, Jambi,
Babel, Bengkulu, Banten, NTB, NTT, West Kalimantan, South Kalimantan, Central
Kalimantan, East Kalimantan, Gorontalo, North Sulawesi, Southeast Sulawesi,
Maluku, Papua.
c)
Minimum Wage Provincial,
provinces set in 2014 after 1st November
2013, namely Lampung, Bali, North Maluku, West Sulawesi.
d) Setting
the province not only set the Minimum Wage Provincial in 2014 namely West Java,
East Java, Central Java and Yogyakarta.
2.
At the provincial
minimum wage labor intensive industries, which are mandated in Presidential
Instruction No. 9 in 2013 and Labor Minister Instruction No. 7 of 2013: "Determination of Minimum Wage
Policy in the Context of Business Continuity and Improvement Workers
Welfare", only the NTT Province are set at Rp. 1,125,000.
3.
Top Minimum Wage
Provincial Jakarta is Rp. 2.441 million, and the highest percentage increase in
Minimum Wage Provincial 2014 Bali Province with 30.62% rise.
4.
The lowest Minimum Wage
Provincial is NTT Rp. 1,150,000, and the lowest percentage increase in 2104 Minimum
Wage Provincial is Kaltim by 7.66%.
5.
There are 16 provinces
that establish greater Minimum Wage Provincial equal to the Living Needs,
namely: NAD, North Sumatra, West Sumatra, Riau, Riau, Jambi, Bengkulu, Lampung,
Banten, Bali, Jakarta, South Kalimantan, East Kalimantan, North Sulawesi, South
Sulawesi, Papua. In 2013 there were 11 provinces greater Minimum Wage
Provincial equal to the Living Needs thus in 2014 increased 5 provinces.
6.
There are four
provinces set Minimum Wage Provincial 90
to 99% of Living Needs, namely: South Sumatra, Babel, Southeast Sulawesi,
Central Sulawesi.
7.
There are six provinces
set Minimum Wage Provincial 80 to 89%of Living Needs, namely: NTB, West
Kalimantan, Central Kalimantan, Gorontalo, North Maluku, West Papua.
8.
There are three
provinces set Minimum Wage Provincial <80% of Living Needs, namely: NTT,
West Sulawesi and Maluku.
When observed from the data presented
above, it appears that the state wage and the wage system is not equitable and
equal wage systems in force has not happened because there are many issues
related to regional wage boards in charge, namely:
a.
Wage Council Provincial
/ District / Municipal ordinances not yet fully understand the survey and
determination value of Living Needs appropriate legislation, so that wage
setting mechanism is not in accordance with the provisions.
b.
Not optimal
coordination of the National Wage Council, Wages Council Wage Council Provincial
and district / city.
c.
Yet the formation of
the technical guidelines on the Roadmap to achieving the Living Needs (Road
Map), as mandated in Labor Minister Instruction Number 7 of 2013.
d.
Lack of budget support
for the implementation of the tasks Wage Council.
C. Wages Social Justice
Wage
system of social justice cannot be separated from the role of all parties. In
the labor parties related to each other are workers, employers and government.
Workers, employers and governments are a team that must work together in
formulating recommendations wage determination which will be submitted to the
Governor for enactment.
Employment
is a field, this includes of law, economics, statistics and other scientific
scope. If viewed from the field of law based regulation, in fact the government
has given clear rules in building a socially just system of remuneration. Some
wage regulations issued by the government to create a socially just wage system
is:[8]
a.
1945 Article 27 paragraph
(2).
b.
Law No. 13 of 2003 on
Manpower.
c.
Indonesian Government
Regulation No. 8 of 1981 on the Protection of Wages.
d.
Indonesian Government
Regulation No. 72 Year 2001 on Income Tax on Income Received by Workers to
Amounting Provincial Minimum Wage Minimum Wage Or Regency / City.
e.
Decree of the President
of the Republic of Indonesia Number 107 of 2004 on Wage Council.
f.
Instruction President
of the Republic of Indonesia Number 9 Year 2013 on Establishment of Minimum
Wage Policy in the Context of Business Continuity and Improvement Workers
Welfare.
g.
Minister of Manpower
and Transmigration Republic of Indonesia No. KEP-231 / Men / 2003 on Procedures
for the Implementation of Minimum Wage Suspension.
h.
Minister of Manpower
and Transmigration Republic of Indonesia Number Kep-49 / Men / 2004 on
Provisions Wage Scale Structure.
i.
Minister of Manpower
and Transmigration Republic of Indonesia No. KEP-102 / Men / VI / 2004 on
Overtime and Overtime Wages.
j.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-04 / Men
/ VI / 1994 on religious holiday allowance for Workers in the Company.
k.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-02 / Men
/ VI / 1999 on Wage Distribution Service by Business Hotels Restaurants Tourism
Business and Other.
l.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-03 / Men
/ I / 2005 on Procedures for the Proposed Membership of the National Wage
Council.
m.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia Number 13 Year
2012 on Components and Implementation Phases Achievement Living Needs.
n.
Guidelines for Survey
and Data Processing Living Needs.
o.
Regulation of the
Minister of Industry of the Republic of Indonesia Number 51 / M-IND / PER /
10/2013.
p.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-01 / Men / 1982 about
the Directive Implementation of Government Regulation No. 8 of 1981.
q.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-07 / Men / 1990 About
Grouping Components Wages and Income Non wage.
r.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-05 / Men / BW / 1998
on wages sent home Not Work Toward Termination.
s.
Chairman of the
National Wage Council Decision No. 01 / National Wage Council / XII / 2006 on
Working Procedure of the National Wage Council.
Legal arrangements by the government, although not perfect, at least the
government's efforts in making concrete and construct a wage regulation for the
creation of employment systems are ideal for the realization of social justice.
Social justice talking about the welfare
of all people in an independent state. Social justice is not just talking in the context of enforcement
of legislation, but talk broadly about the rights of citizens in a country.
Social justice is a condition where the country's wealth is distributed fairly
and equitably to all people. In social justice every person is entitled to
receive "basic human needs". According to Abraham Maslow's basic
human needs are the elements needed by humans in maintaining the balance of
physiology and psychology.[9]
Getting a job and a decent income for humanity is the element needed by the
human physiology to maintain balance. Income earned by good wages will ideally
improve their living and working lives. But it turns out the wage increase does
not automatically raise the standard of living and purchasing power of workers.
This occurs if the inflation rate is not controlled. What's the point wages
rise, if inflation rises lead to a whole needs going up. And conversely, if
inflation can be controlled, minimal inflation below this level, then the wage
increase will have a significant impact on the level of purchasing power and
welfare of workers. Social justice against the wage system did not just rely on
the calculation of wages are normative, but the central government's
macro-economic policy can affect the effectiveness of the value of wage
increases. The macro policy, for example
the government's decision to raise the electricity tariff, fuel hike and legal
uncertainty. This all can lead to uncontrolled inflation rate, and no matter
how high the wage is raised, if inflation is higher than the value of the Living
Needs, then it was all in vain, in the sense of permanent workers cannot live a
decent and employers are increasingly stressed due to rising production costs
and labor costs , If this is allowed, then the investor will eventually
bankrupt and revoke investment. Of course this is all going to create new
problems.
D. Stages
of Development and Regional Wage Board Activities
Regional
wage boards are in the productive phase,[10]
the Wages Council has established norms of interaction, interaction group with the team, with the level of tolerance,
trust and stronger cooperation. A key pillar in industrial relations is wages.
At the micro level in the company, wage issues have strategic influence in
maintaining and improving the productivity of workers and enterprises and the
welfare of workers / laborers. Therefore, wages need to be managed through good
management as an integral part in the company, so effective in minimizing the problem
of minimum wage fixing. To strengthen the system of remuneration in setting
wages with social justice which recommended Wage Council, it is necessary to
analyze the following:
1.
Establish Communication
System Wage Council[11]
In order duties and functions of the
Provincial Wage Council and District / City are include: Providing advice and
consideration in the establishment of a minimum wage; Provide advice and
application of the wage system at the provincial or district / city and
Preparing materials for the formulation of national wage system development,
are still encountered obstacles or problems.
a. Wages Council
issues include:
1)
Not yet fully
understood by the Provincial Wage Council or District / City about how to
survey and determination value The Living Needs corresponding legislation in
force, so that the minimum wage setting mechanism is not in accordance with
provisions.
2)
Not optimal
coordination and synergy between the National Wage Council, Provincial and
Regency / City.
3)
Limited submission of
recommendations related to the development and application of the wage system.
4)
Lack of budget support
for the implementation of the tasks Wage Council.
5)
The governor has not
fully considering the recommendation of the Remuneration Council in setting the
Minimum wage of province.
b. Efforts Taken
In
order to streamline tasks, especially related to the implementation of the Wage
Board remuneration and the national wage system needs to be:
1)
Build networks and
communication systems between the National Wage Council, Provincial Wage
Council and Remuneration Council District / City of networked communication via
website Wage Council.
2)
Carry out studies of
remuneration in accordance with the characteristics of each area. Governor /
Regent / Mayor and relevant agencies to encourage all companies to apply the
structure and scale of wages by making circular.
3)
Allocate budget Wage
Council on the budget.
4)
To disseminate the laws
and regulations on labor remuneration in general and especially among local
government officials.
c. Steps In
Building Systems Networking / Communications Wage Council:
1) Increasing the capacity of Provincial Wage
Council members and District / City via:
a)
Training, workshops and
technical guidance and the Regional Centre organized through deconcentration
funds.
b)
Assistance by the
National Wages Council on Regional Wage Board and district / city budgeted by
the state budget.
2) Strengthening
consultation and coordination to synergize the Wage Council:
a)
Consolidation Forum
Wages Council regional level and national level.
b)
Forum Consolidation of
the National Wage Council levels.
c)
Strengthening
coordination and communication between the National Wage Council, Provincial
and Regency / City.
d)
Briefing members of the
Board of Provincial Wage and Wage Council District / City.
3) Making
technical guidelines (guidelines) and implementation guidelines (guidelines)
procedures for the implementation of the tasks and functions of the
Remuneration Council.
2.
Implementation Instruments The Fair Wages[12]
In order to realize the application of
equitable remuneration and competitiveness, there are 3 (three) instruments
that can be done for the stakeholders (stakeholders) include:
a.
Framework application
structure and scale of wages in the company.
b.
Studies wage increase
more competitive and equitable.
c.
Strategy periodic
review of wages.
The explanation in brief we submit
the following:
1.
Implementation Framework Structure And The
Wage Scale Company
a.
Basis of remuneration
are: Balance; Equality; Continuity.
b.
Type the structure and
scale of wages in the enterprise: Structure and modest wage scale; The
structure and scale of wages advance.
c.
Basic modest wage scale
include: Years of service; Person (attitude); Position (positions); Performance
(performance).
d.
Efforts made to
popularize the structure and scale of wages include: Guidance by the Agency in
the field of employment; Training and development; Instituted in industrial
relations means such as: Standard operating procedure; Bipartite forum; A
tripartite body; Company regulations; Collective labor agreement. Law
enforcement (reward and punishment).
2. Basics Study of Improved Wages a More
Competitive and Fair
a.
There must be an effort
to realize a competitive wage and justice through not solely on a review of
basic salary, but it can be pursued through bonuses, incentives and other
benefits.
b.
For foreign investors
into Indonesia, payroll is not only based on the minimum wage, but it must be
more than minimum wage.
c.
Standards and
professional certification.
3. Periodic review of strategies Wages
a. A
review of the structure and scale of wages periodically conducted by business
groups to consider: Productivity; periodization of the review; the
competitiveness of companies in the business groups concerned; salary survey.
b. Making a
means of industrial relations.
3. Government
Policy in Macro Economy Improvement[13]
Based
on the presentation and briefing the Minister of Manpower and Transmigration,
it is understood some subjects, namely:
1. Highlights
The
increase in minimum wage does not automatically increase the purchasing power
of workers. It is caused by uncontrolled inflation, The absence of standardized
survey mechanism of Living Needs, calculation methods regression and
projections in the current year has not been uniform and the absence of an
exhaustive review of the Living Needs components.
Therefore
it is recommended that: Teams need to streamline the control of inflation, Mechanisms
need to be implemented standardized survey of Living Needs, necessary to unify
the method of calculation of regression and projection of Living Needs in the
current year, and necessary to study in depth the addition of Living Needs components.
2. Highlights
With
the entry into force of the ASEAN Economic Community in 2015, the need for more
intense cooperation between the government, employers and workers to improve
the competitiveness of human resources, through: Improving the competence of
workers / laborers who facilitated local government and the business world
(company); Increased competence
involving training institutions; Their professional certification.
3. Highlights
The
role of local government related to the protection of wages: Setting wages and
suspension in accordance with the provisions of, Increase the number and improve the capacity
of personnel in the field of supervision and dispute resolution, Wage Council
strengthens the region through the increased budget allocation and affirmation
of tasks and functions of regional wage board members, In order for wage policy
gradually disseminated throughout the province and district / city, Preparation
of the Roadmap to the achievement of the Living Needs.
III.
CONCLUSIONS AND SUGGESTIONS
Wage
Council is a non-structural organization entrusted by legislation to provide
advice, judgment, and formulate a wage policy which will be determined by the
government, as well as for the development of the wage system. Regional Wage
Council implementing its duty to provide policy recommendations to the heads of
regional wage system. Regional Wage Council is a kind of productive groups,
because it is in this group of people are gathered a number of similarities
oriented wage policy objectives, namely the establishment of social justice,
compact and shaded by the value of a clear and binding behavior contained and
arranged in order. To be able to keep the conduciveness and ensure the
implementation of a wage that has been agreed in the employment agreement, the
government as a holder of public policy based on Wages Council intervene in
drafting and enforcing an ideal wage system so that social justice for all
Indonesian people in the five precepts of The Indonesian Ideology, Which is Pancasila,
can be accomplished well. Social justice
created in the wage system to encourage the creation of a welfare state.
To
increase the effectiveness of the task Wages Council as a group / team in order
to establish a system of good and fair wage needs be done:
1.
Increasing the capacity
of members of the Provincial Wage Council, District / City through training,
workshops or integrated technical guidance and mentoring by the National Wages
Council.
2.
Strengthening
consultation and coordination fatherly synergies through consolidation forum
Wages Council Wage Council regional level, forum Wages Council consolidated the
national level and strengthening the coordination of communications between the
National Wage Council, Provincial and Regency / City.
3.
Optimizing the execution
of tasks Wage Council to undertake the following strategies:
a.
Build communication systems or networks Wage Council, for example, by
conducting meetings between the National Wage Council, Provincial and District
/ City.
b.
Conducting a study according to the characteristics of each region.
c.
National Wage Council, Provincial Wage Council, Wage Council District / City
makes research paper on the impact of minimum wage on employment growth.
d.
Regional Wage Board budget allocation in the budget needs to be increased.
Regional
Wage Council as an organization are appropriately in deciding a policy based on
an agreement between the members of the group which is describing a teamwork,
so aim to be able to spawn a system of remuneration policy recommendations
forwarded to the head of the region, can make a positive contribution to all
elements of society, The workers, employers and the government itself is of
course image. Work productivity to be increased by promoting teamwork, in order
to function in the form of Regional Wage Council be effective.
LIST
OF REFERENCE
Anton J Supit
(2014), Application Papers “The Fair Wage
System (Perspective Employers' Association)”, presented at the Forum
Consolidation of National Wage Council at Grand Sahid Jaya, Jakarta.
Esping-Andersen
(2006) Darmawan Triwibowo dan Sugeng Bahagijo,
Mimpi Negara Kesejahteraan,
Jakarta, LP3ES.
Juniarso Ridwan & Achmad Sodik Sudrajat ,
(2010), Hukum Administrasi Negara dan
Kebijakan Publik, Bandung, Nuansa.
R.Irianto
Simbolon, (2014), paper "Building
Communication System Wage Council (National, Provincial and District /
City)", presented at the Forum Consolidation of National Wage Council
at Grand Sahid Jaya, Jakarta.
The Ministry of Education and Culture
(2013), Dictates Training Prajabatan group 3, Building Teamwork, the fourth edition of the first printing, the
Ministry of Education and Culture, Central Jakarta.
Association of
Regulatory Affairs Directorate general of Industrial Dispute Wage and Social Security,(2014),
Ministry of Manpower of Republic Indonesia.
Law Decree of
The Republic of Indonesia Number 13 of 2003 on Manpower.
Instruction
President of the Republic of Indonesia Number 9 of 2013 On Establishment of
Minimum Wage Policy in the Context of Business Continuity And Improvement
Workers Welfare.
Decree of the
President of the Republic of Indonesia Number 107 of 2004 on Wage Council.
Labor Minister
Instruction No. 7 of 2013 on Minimum
Wage.
Recommendation
Group 1, 2 and 3 in the Discussion of Consolidated group Forum of National Wage
Council conducted on September 7-9 at the Grand Sahid Jaya Jakarta.
http://www.kapukonline.com/2012/02/kebutuhandasarmanusiaabrahammaslow.html.
Sunday,
14/09/2014. 16:22 PM.
[1] Anton J Supit as vice chairman of the national wage employers element , Papers " The Fair Wage System Implementation ( Perspective Employers' Association ) " , presented at the Forum Consolidation of National Wage Council at Grand Sahid Jaya , Jakarta , on September 8 , 2014.
[2] R.Irianto Simbolon , paper "Building Communication System Wage Council (National , Provincial and District / City ) " , presented at the Forum Consolidation of National Wage Council at Grand Sahid Jaya , Jakarta , on September 7 , 2014.
[3] Training Prajabatan group 3 , Build Team research agreement , the fourth edition of the first printing, the Ministry of Education and Culture , Depok , 2013 , p. 1
[4] Ibid . p. 12 .
[6] Article 1 paragraph 1 manpower and transmigration minister Regulations No. 7 of 2013 About Minimum Wage
[8] Association of Regulatory Affairs Directorate general of Industrial Dispute of Wage and Social Security, 2014.
[9] http://www.kapukonline.com/2012/02/kebutuhandasarmanusiaabrahammaslow.html. Sunday, 14/09/2014. 16:22 hrs.
[10] Training Prajabatan group 3 , Build Team research agreement , Op.cit . p. 26.
[11] Recommendation Group 1 Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya Jakarta.
[12]Recommendations Group 2 in the Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya, Jakarta .
[13]Recommendations Group 3 in the Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya, Jakarta .
Ikomatussuniah, SH., MH
Lecturer Faculty of Law
Sultan Agung University Tirtayasa
Email: ikomatussuniah80@yahoo.co.id
Abstract
Wage
compensation granted the employer to the employee for the performance of work
done according to the agreement. Regional wage boards is an organization supporting the government
to formulate a policy of wage determination. Wage Board is a team consisting of
elements of the organization of workers, employers, government and experts from
university. How far the team's effectiveness in formulating wage policy to be
set by the head of the study area should be reviewed restaurants. Writing this
paper made by normative empirical methods, through the study of literature and
the data and observations of the author as a participant in the consolidation
of the National Wage Council in Grand Sahid, Jakarta. Solidity team contained in the Board
remuneration society together has implications for social justice wage
Recommendations to the head of the region.
Keywords: Wages, Regional Wage Board team
collaboration, social justice.
I.
PRELIMINARY
A.
Background
Employment is a transitional word of labor.
Since the enactment of labor laws rules in the Act No. 13 of 2003, hence the
term labor in accordance with Law No. 2 of 1974 on labor, turned into labor.
Under article 1 paragraph 1 of the Employment Act, the definition of employment
is all matters relating to labor at the time before, during and after the
period of employment. About wages, is included into the category of employment
arrangements before, during and after the period of employment. Before the
period of employment, wages agreed in the employment agreement between
employers and workers. During the period of employment, wages and the
performance given in accordance employment agreement that has been agreed by
both parties that employers and workers. After years of service, termination of
employment may give rise to rights and obligations between workers and
employers in the form of severance pay, gratuity and compensation. Under
article 1 paragraph 30 Labor Law:
The
right of workers / laborers received and expressed in terms of money as a
reward from the employer or the employer to workers / laborers are set and paid
by an employment agreement, agreement or legislation, including allowances for
workers / laborers and their families for a job and / or services that have
been or will be performed.
Employment
issues, particularly the minimum wage is an issue that is crucial for Indonesia
to become more competitive. Fixing the minimum wage will increase national
competitiveness by reason of:[1]
a.
Relatively labor
intensive companies, fluctuations and uncertainty for employers pay very influential
in the certainty of doing business.
b.
Competitive wages, if
the government helped compensate for some of the needs of workers (such as health
and transport), will cause the price of competitive goods also thereby
increasing sales and economic growth significantly.
c.
The minimum wage does
not rational businessman would make it difficult to recruit new employees, thus
supporting employment reduce unemployment.
Wages,
wage system and social justice is an issue that the author wants to put
forward. Problems always occur every year when wages will be set by the
government. Demos rolling the labor issues of employment one about wages and
dynamics can certainly occur each year. Closing highways, anarchism, sweeping
factories and mobilization of workers in large numbers certainly occur at the
end of the year in which per November 1 each year based on Manpower ministry
agreement No. 7 Year 2013 About Minimum Wage, the governor of each region to
set and announce the Provincial Minimum Wage, then no later than November 21st,
Minimum Wage Regency / City is determined and announced by the respective
Governors.
The
problems that ensued in the field is when the laws that have been defined in a
legal regulation turns on the field was not running as it should, for example,
revealed in data provided by the Director General of Industrial Dispute of
Manpower Ministry, he is Mr. R. Irianto Simbolon, SE., MM, in his presentation
on activities Consolidation Forum of National Wage Council in Jakarta on
September 7 to 9, 2014, stating Implementation of Presidential Instruction No.
9 Year 2013 About Minimum Wage determination in the framework of Business
Continuity and Workers Welfare Improvement the Provincial Minimum Wage known
that determination is not carried out simultaneously, and there is also the
province that do not set the Provincial Minimum Wage.[2] As
guardian of the determination of wages and wage policy, the Board of wages is a
representation of the elements of workers' organizations, employers, government
and academic experts, who regularly work together to achieve the goal
Determination fair wages.[3]
B. Problem
Formulation
Based
on the explanation above, the core issues in this paper are:
1.
Efforts to increase the
capacity of the Regional Wage Board team collaboration.
2.
Efforts to improve team
collaboration Regional Wage Board thus also increasing the performance and
effectiveness.
3.
How to optimize the
implementation of the Regional Wage Board task in building teamwork.
C. Purpose
1.
To know the efforts to
increase the capacity of teamwork in the Regional Wage Council.
2.
To know and understand
the effort to improve team collaboration Regional Wage Board thus also
increasing the performance and effectiveness.
3.
To know and understand
how to optimize the implementation of the Regional Wage Board task in building
teamwork
II.
EFFECTIVENESS OF ORGANIZATION BOARD WAGE DETERMINATION IN THE MINIMUM WAGE
A. Wage
Council
Wages
and wage system is one of the discussion in Act No. 13 of 2003 On Labor (Labor
Law). Remuneration arrangements in Labor Law contained in chapter 88-98. In
Article 98 specifically outlined on the Wages Council was formed to provide
advice, judgment, and formulate a wage policy which will be determined by the
government as well as for the development of the national wage system. Wage
Council is a non structural tripartite. The councils consist of representatives
from governments, employers' organizations, organizations of trade unions /
labor unions, universities and experts. The national councils appointed and
dismissed by the President, while the Provincial Wage Council, District /
Municipal appointed and dismissed by the Governor / Regent / Mayor. More on
Wages Council stipulated in the Decree of the President of the Republic of Indonesia
Number 107 of 2004 About the Wage Council.
The
Wages Council of Provincial, District / City is a productive group that
functions effectively and efficiently. In this group the number of people
gathered oriented common goals of superior quality, compact and shaded by the
values of a clear and binding behavior. All members have the competence and
integrity of the quality of a more or less balanced. The spirit of learning
among group members is very high in order to achieve success and excellence
together. The group is no longer just work together but to the extent of
cooperation.[4]
In the remuneration of the Board members behave as a team Provincial Wage
Council, District / City is a group formed by the Department of Manpower and
Transmigration Areas under the auspices ministry of manpower and transmigration
who is directly responsible to the governor, regent / mayor, for implementing
tasks that have been mandated in legislation, as well as membership is mandated
within 3 years. And can only be extended for the first time next period.
Ideally, a group including the Regional Wage Board directs the group to a
higher level by building a team which, among others, has the following
characteristics:[5]
a.
It consists of a number
of skilled people, the same goals, encourage and empower each other.
b.
Sharing information to
build a level of trust and high responsibility.
c.
Using clear boundaries
to create the freedom and the responsibility to complete the task productively.
d.
Effectively uses time
and talent as well as leadership group members distributed.
e.
Controlling themselves
well in group decision making that contribute to the exceptional performance
for members, groups and organizations.
Regional Wage Council tasked to provide advice, judgment, and formulate
a wage policy which will be determined by the government, as well as for the
development of the wage system. The definition of wages under article 1 (a) of
Government Regulation No. 08 of 1981 on the Protection of Wages are:
A reception in return from the employer
to the worker for a job or services that have been or done, expressed or
assessed in money terms are set according to an agreement, or legislation, and
is paid on the basis of a labor agreement between the employer and the workers,
including benefits both for the workers and their families.
Regulation
wages are minimum wage, the minimum wage is the lowest monthly wage consists of
basic salary including fixed allowances set by the governor as a safety net.[6] Minimum wages consists of the Minimum Wages, Minimum
Wage Provincial or District / Municipal and Provincial Sectoral Minimum Wage or
Sectoral Minimum Wage Regency / City. Minimum Wage Fixing based on the Living
Needs by taking into account productivity and economic growth. Minimum wage is
directed at achieving the Living Needs. The Living Needs is a comparison of the
magnitude of the achievement of Minimum Wages on the value of the Living Needs in
the same period. For the achievement of the governor set the stage of the
Living Needs achievement in the form of a roadmap for the achievement of the Living
Needs Specific Intensive Industries Company and for other companies considering
the condition of the ability of the business world. Roadmap to achieving the Living
Needs prepared with the following steps:[7]
a.
Determine the attainment of a minimum wage equal to the Living Needs;
b.
Predicting the Living Needs value until the end of the achievement;
c.
Predicting the minimum wage each year;
d.
Establishes the percentage achievement by comparing predictions the Living
Needs minimum wage with the Living Needs prediction value every year.
B. Minimum
Wages Data
Some of the data that can be analyzed for wage system that social
justice can be seen in the data provided by the Director General of Industrial Dispute and Social Security:
1.
Minimum Wage Provincial
determined and announced by the respective governors simultaneously every
November 1 in each year, but based on the exposure data from the Directorate
General of Industrial Dispute and Social Security, note, that:
a)
2014 Minimum Wage Provincial,
provinces set simultaneously in a timely 1st November 2013, namely NAD, North
Sumatra, Riau, Riau, South Sumatra, Jakarta, Sulawesi, Central Sulawesi and
West Papua.
b)
Minimum Wage Provincial
, provinces set in 2014 before 1st November 2013, namely West Sumatra, Jambi,
Babel, Bengkulu, Banten, NTB, NTT, West Kalimantan, South Kalimantan, Central
Kalimantan, East Kalimantan, Gorontalo, North Sulawesi, Southeast Sulawesi,
Maluku, Papua.
c)
Minimum Wage Provincial,
provinces set in 2014 after 1st November
2013, namely Lampung, Bali, North Maluku, West Sulawesi.
d) Setting
the province not only set the Minimum Wage Provincial in 2014 namely West Java,
East Java, Central Java and Yogyakarta.
2.
At the provincial
minimum wage labor intensive industries, which are mandated in Presidential
Instruction No. 9 in 2013 and Labor Minister Instruction No. 7 of 2013: "Determination of Minimum Wage
Policy in the Context of Business Continuity and Improvement Workers
Welfare", only the NTT Province are set at Rp. 1,125,000.
3.
Top Minimum Wage
Provincial Jakarta is Rp. 2.441 million, and the highest percentage increase in
Minimum Wage Provincial 2014 Bali Province with 30.62% rise.
4.
The lowest Minimum Wage
Provincial is NTT Rp. 1,150,000, and the lowest percentage increase in 2104 Minimum
Wage Provincial is Kaltim by 7.66%.
5.
There are 16 provinces
that establish greater Minimum Wage Provincial equal to the Living Needs,
namely: NAD, North Sumatra, West Sumatra, Riau, Riau, Jambi, Bengkulu, Lampung,
Banten, Bali, Jakarta, South Kalimantan, East Kalimantan, North Sulawesi, South
Sulawesi, Papua. In 2013 there were 11 provinces greater Minimum Wage
Provincial equal to the Living Needs thus in 2014 increased 5 provinces.
6.
There are four
provinces set Minimum Wage Provincial 90
to 99% of Living Needs, namely: South Sumatra, Babel, Southeast Sulawesi,
Central Sulawesi.
7.
There are six provinces
set Minimum Wage Provincial 80 to 89%of Living Needs, namely: NTB, West
Kalimantan, Central Kalimantan, Gorontalo, North Maluku, West Papua.
8.
There are three
provinces set Minimum Wage Provincial <80% of Living Needs, namely: NTT,
West Sulawesi and Maluku.
When observed from the data presented
above, it appears that the state wage and the wage system is not equitable and
equal wage systems in force has not happened because there are many issues
related to regional wage boards in charge, namely:
a.
Wage Council Provincial
/ District / Municipal ordinances not yet fully understand the survey and
determination value of Living Needs appropriate legislation, so that wage
setting mechanism is not in accordance with the provisions.
b.
Not optimal
coordination of the National Wage Council, Wages Council Wage Council Provincial
and district / city.
c.
Yet the formation of
the technical guidelines on the Roadmap to achieving the Living Needs (Road
Map), as mandated in Labor Minister Instruction Number 7 of 2013.
d.
Lack of budget support
for the implementation of the tasks Wage Council.
C. Wages Social Justice
Wage
system of social justice cannot be separated from the role of all parties. In
the labor parties related to each other are workers, employers and government.
Workers, employers and governments are a team that must work together in
formulating recommendations wage determination which will be submitted to the
Governor for enactment.
Employment
is a field, this includes of law, economics, statistics and other scientific
scope. If viewed from the field of law based regulation, in fact the government
has given clear rules in building a socially just system of remuneration. Some
wage regulations issued by the government to create a socially just wage system
is:[8]
a.
1945 Article 27 paragraph
(2).
b.
Law No. 13 of 2003 on
Manpower.
c.
Indonesian Government
Regulation No. 8 of 1981 on the Protection of Wages.
d.
Indonesian Government
Regulation No. 72 Year 2001 on Income Tax on Income Received by Workers to
Amounting Provincial Minimum Wage Minimum Wage Or Regency / City.
e.
Decree of the President
of the Republic of Indonesia Number 107 of 2004 on Wage Council.
f.
Instruction President
of the Republic of Indonesia Number 9 Year 2013 on Establishment of Minimum
Wage Policy in the Context of Business Continuity and Improvement Workers
Welfare.
g.
Minister of Manpower
and Transmigration Republic of Indonesia No. KEP-231 / Men / 2003 on Procedures
for the Implementation of Minimum Wage Suspension.
h.
Minister of Manpower
and Transmigration Republic of Indonesia Number Kep-49 / Men / 2004 on
Provisions Wage Scale Structure.
i.
Minister of Manpower
and Transmigration Republic of Indonesia No. KEP-102 / Men / VI / 2004 on
Overtime and Overtime Wages.
j.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-04 / Men
/ VI / 1994 on religious holiday allowance for Workers in the Company.
k.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-02 / Men
/ VI / 1999 on Wage Distribution Service by Business Hotels Restaurants Tourism
Business and Other.
l.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia No. Per-03 / Men
/ I / 2005 on Procedures for the Proposed Membership of the National Wage
Council.
m.
Regulation of the
Minister of Manpower and Transmigration Republic of Indonesia Number 13 Year
2012 on Components and Implementation Phases Achievement Living Needs.
n.
Guidelines for Survey
and Data Processing Living Needs.
o.
Regulation of the
Minister of Industry of the Republic of Indonesia Number 51 / M-IND / PER /
10/2013.
p.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-01 / Men / 1982 about
the Directive Implementation of Government Regulation No. 8 of 1981.
q.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-07 / Men / 1990 About
Grouping Components Wages and Income Non wage.
r.
Circular of the
Minister of Labour of the Republic of Indonesia Number SE-05 / Men / BW / 1998
on wages sent home Not Work Toward Termination.
s.
Chairman of the
National Wage Council Decision No. 01 / National Wage Council / XII / 2006 on
Working Procedure of the National Wage Council.
Legal arrangements by the government, although not perfect, at least the
government's efforts in making concrete and construct a wage regulation for the
creation of employment systems are ideal for the realization of social justice.
Social justice talking about the welfare
of all people in an independent state. Social justice is not just talking in the context of enforcement
of legislation, but talk broadly about the rights of citizens in a country.
Social justice is a condition where the country's wealth is distributed fairly
and equitably to all people. In social justice every person is entitled to
receive "basic human needs". According to Abraham Maslow's basic
human needs are the elements needed by humans in maintaining the balance of
physiology and psychology.[9]
Getting a job and a decent income for humanity is the element needed by the
human physiology to maintain balance. Income earned by good wages will ideally
improve their living and working lives. But it turns out the wage increase does
not automatically raise the standard of living and purchasing power of workers.
This occurs if the inflation rate is not controlled. What's the point wages
rise, if inflation rises lead to a whole needs going up. And conversely, if
inflation can be controlled, minimal inflation below this level, then the wage
increase will have a significant impact on the level of purchasing power and
welfare of workers. Social justice against the wage system did not just rely on
the calculation of wages are normative, but the central government's
macro-economic policy can affect the effectiveness of the value of wage
increases. The macro policy, for example
the government's decision to raise the electricity tariff, fuel hike and legal
uncertainty. This all can lead to uncontrolled inflation rate, and no matter
how high the wage is raised, if inflation is higher than the value of the Living
Needs, then it was all in vain, in the sense of permanent workers cannot live a
decent and employers are increasingly stressed due to rising production costs
and labor costs , If this is allowed, then the investor will eventually
bankrupt and revoke investment. Of course this is all going to create new
problems.
D. Stages
of Development and Regional Wage Board Activities
Regional
wage boards are in the productive phase,[10]
the Wages Council has established norms of interaction, interaction group with the team, with the level of tolerance,
trust and stronger cooperation. A key pillar in industrial relations is wages.
At the micro level in the company, wage issues have strategic influence in
maintaining and improving the productivity of workers and enterprises and the
welfare of workers / laborers. Therefore, wages need to be managed through good
management as an integral part in the company, so effective in minimizing the problem
of minimum wage fixing. To strengthen the system of remuneration in setting
wages with social justice which recommended Wage Council, it is necessary to
analyze the following:
1.
Establish Communication
System Wage Council[11]
In order duties and functions of the
Provincial Wage Council and District / City are include: Providing advice and
consideration in the establishment of a minimum wage; Provide advice and
application of the wage system at the provincial or district / city and
Preparing materials for the formulation of national wage system development,
are still encountered obstacles or problems.
a. Wages Council
issues include:
1)
Not yet fully
understood by the Provincial Wage Council or District / City about how to
survey and determination value The Living Needs corresponding legislation in
force, so that the minimum wage setting mechanism is not in accordance with
provisions.
2)
Not optimal
coordination and synergy between the National Wage Council, Provincial and
Regency / City.
3)
Limited submission of
recommendations related to the development and application of the wage system.
4)
Lack of budget support
for the implementation of the tasks Wage Council.
5)
The governor has not
fully considering the recommendation of the Remuneration Council in setting the
Minimum wage of province.
b. Efforts Taken
In
order to streamline tasks, especially related to the implementation of the Wage
Board remuneration and the national wage system needs to be:
1)
Build networks and
communication systems between the National Wage Council, Provincial Wage
Council and Remuneration Council District / City of networked communication via
website Wage Council.
2)
Carry out studies of
remuneration in accordance with the characteristics of each area. Governor /
Regent / Mayor and relevant agencies to encourage all companies to apply the
structure and scale of wages by making circular.
3)
Allocate budget Wage
Council on the budget.
4)
To disseminate the laws
and regulations on labor remuneration in general and especially among local
government officials.
c. Steps In
Building Systems Networking / Communications Wage Council:
1) Increasing the capacity of Provincial Wage
Council members and District / City via:
a)
Training, workshops and
technical guidance and the Regional Centre organized through deconcentration
funds.
b)
Assistance by the
National Wages Council on Regional Wage Board and district / city budgeted by
the state budget.
2) Strengthening
consultation and coordination to synergize the Wage Council:
a)
Consolidation Forum
Wages Council regional level and national level.
b)
Forum Consolidation of
the National Wage Council levels.
c)
Strengthening
coordination and communication between the National Wage Council, Provincial
and Regency / City.
d)
Briefing members of the
Board of Provincial Wage and Wage Council District / City.
3) Making
technical guidelines (guidelines) and implementation guidelines (guidelines)
procedures for the implementation of the tasks and functions of the
Remuneration Council.
2.
Implementation Instruments The Fair Wages[12]
In order to realize the application of
equitable remuneration and competitiveness, there are 3 (three) instruments
that can be done for the stakeholders (stakeholders) include:
a.
Framework application
structure and scale of wages in the company.
b.
Studies wage increase
more competitive and equitable.
c.
Strategy periodic
review of wages.
The explanation in brief we submit
the following:
1.
Implementation Framework Structure And The
Wage Scale Company
a.
Basis of remuneration
are: Balance; Equality; Continuity.
b.
Type the structure and
scale of wages in the enterprise: Structure and modest wage scale; The
structure and scale of wages advance.
c.
Basic modest wage scale
include: Years of service; Person (attitude); Position (positions); Performance
(performance).
d.
Efforts made to
popularize the structure and scale of wages include: Guidance by the Agency in
the field of employment; Training and development; Instituted in industrial
relations means such as: Standard operating procedure; Bipartite forum; A
tripartite body; Company regulations; Collective labor agreement. Law
enforcement (reward and punishment).
2. Basics Study of Improved Wages a More
Competitive and Fair
a.
There must be an effort
to realize a competitive wage and justice through not solely on a review of
basic salary, but it can be pursued through bonuses, incentives and other
benefits.
b.
For foreign investors
into Indonesia, payroll is not only based on the minimum wage, but it must be
more than minimum wage.
c.
Standards and
professional certification.
3. Periodic review of strategies Wages
a. A
review of the structure and scale of wages periodically conducted by business
groups to consider: Productivity; periodization of the review; the
competitiveness of companies in the business groups concerned; salary survey.
b. Making a
means of industrial relations.
3. Government
Policy in Macro Economy Improvement[13]
Based
on the presentation and briefing the Minister of Manpower and Transmigration,
it is understood some subjects, namely:
1. Highlights
The
increase in minimum wage does not automatically increase the purchasing power
of workers. It is caused by uncontrolled inflation, The absence of standardized
survey mechanism of Living Needs, calculation methods regression and
projections in the current year has not been uniform and the absence of an
exhaustive review of the Living Needs components.
Therefore
it is recommended that: Teams need to streamline the control of inflation, Mechanisms
need to be implemented standardized survey of Living Needs, necessary to unify
the method of calculation of regression and projection of Living Needs in the
current year, and necessary to study in depth the addition of Living Needs components.
2. Highlights
With
the entry into force of the ASEAN Economic Community in 2015, the need for more
intense cooperation between the government, employers and workers to improve
the competitiveness of human resources, through: Improving the competence of
workers / laborers who facilitated local government and the business world
(company); Increased competence
involving training institutions; Their professional certification.
3. Highlights
The
role of local government related to the protection of wages: Setting wages and
suspension in accordance with the provisions of, Increase the number and improve the capacity
of personnel in the field of supervision and dispute resolution, Wage Council
strengthens the region through the increased budget allocation and affirmation
of tasks and functions of regional wage board members, In order for wage policy
gradually disseminated throughout the province and district / city, Preparation
of the Roadmap to the achievement of the Living Needs.
III.
CONCLUSIONS AND SUGGESTIONS
Wage
Council is a non-structural organization entrusted by legislation to provide
advice, judgment, and formulate a wage policy which will be determined by the
government, as well as for the development of the wage system. Regional Wage
Council implementing its duty to provide policy recommendations to the heads of
regional wage system. Regional Wage Council is a kind of productive groups,
because it is in this group of people are gathered a number of similarities
oriented wage policy objectives, namely the establishment of social justice,
compact and shaded by the value of a clear and binding behavior contained and
arranged in order. To be able to keep the conduciveness and ensure the
implementation of a wage that has been agreed in the employment agreement, the
government as a holder of public policy based on Wages Council intervene in
drafting and enforcing an ideal wage system so that social justice for all
Indonesian people in the five precepts of The Indonesian Ideology, Which is Pancasila,
can be accomplished well. Social justice
created in the wage system to encourage the creation of a welfare state.
To
increase the effectiveness of the task Wages Council as a group / team in order
to establish a system of good and fair wage needs be done:
1.
Increasing the capacity
of members of the Provincial Wage Council, District / City through training,
workshops or integrated technical guidance and mentoring by the National Wages
Council.
2.
Strengthening
consultation and coordination fatherly synergies through consolidation forum
Wages Council Wage Council regional level, forum Wages Council consolidated the
national level and strengthening the coordination of communications between the
National Wage Council, Provincial and Regency / City.
3.
Optimizing the execution
of tasks Wage Council to undertake the following strategies:
a.
Build communication systems or networks Wage Council, for example, by
conducting meetings between the National Wage Council, Provincial and District
/ City.
b.
Conducting a study according to the characteristics of each region.
c.
National Wage Council, Provincial Wage Council, Wage Council District / City
makes research paper on the impact of minimum wage on employment growth.
d.
Regional Wage Board budget allocation in the budget needs to be increased.
Regional
Wage Council as an organization are appropriately in deciding a policy based on
an agreement between the members of the group which is describing a teamwork,
so aim to be able to spawn a system of remuneration policy recommendations
forwarded to the head of the region, can make a positive contribution to all
elements of society, The workers, employers and the government itself is of
course image. Work productivity to be increased by promoting teamwork, in order
to function in the form of Regional Wage Council be effective.
LIST
OF REFERENCE
Anton J Supit
(2014), Application Papers “The Fair Wage
System (Perspective Employers' Association)”, presented at the Forum
Consolidation of National Wage Council at Grand Sahid Jaya, Jakarta.
Esping-Andersen
(2006) Darmawan Triwibowo dan Sugeng Bahagijo,
Mimpi Negara Kesejahteraan,
Jakarta, LP3ES.
Juniarso Ridwan & Achmad Sodik Sudrajat ,
(2010), Hukum Administrasi Negara dan
Kebijakan Publik, Bandung, Nuansa.
R.Irianto
Simbolon, (2014), paper "Building
Communication System Wage Council (National, Provincial and District /
City)", presented at the Forum Consolidation of National Wage Council
at Grand Sahid Jaya, Jakarta.
The Ministry of Education and Culture
(2013), Dictates Training Prajabatan group 3, Building Teamwork, the fourth edition of the first printing, the
Ministry of Education and Culture, Central Jakarta.
Association of
Regulatory Affairs Directorate general of Industrial Dispute Wage and Social Security,(2014),
Ministry of Manpower of Republic Indonesia.
Law Decree of
The Republic of Indonesia Number 13 of 2003 on Manpower.
Instruction
President of the Republic of Indonesia Number 9 of 2013 On Establishment of
Minimum Wage Policy in the Context of Business Continuity And Improvement
Workers Welfare.
Decree of the
President of the Republic of Indonesia Number 107 of 2004 on Wage Council.
Labor Minister
Instruction No. 7 of 2013 on Minimum
Wage.
Recommendation
Group 1, 2 and 3 in the Discussion of Consolidated group Forum of National Wage
Council conducted on September 7-9 at the Grand Sahid Jaya Jakarta.
http://www.kapukonline.com/2012/02/kebutuhandasarmanusiaabrahammaslow.html.
Sunday,
14/09/2014. 16:22 PM.
[1] Anton J Supit as vice chairman of the national wage employers element , Papers " The Fair Wage System Implementation ( Perspective Employers' Association ) " , presented at the Forum Consolidation of National Wage Council at Grand Sahid Jaya , Jakarta , on September 8 , 2014.
[2] R.Irianto Simbolon , paper "Building Communication System Wage Council (National , Provincial and District / City ) " , presented at the Forum Consolidation of National Wage Council at Grand Sahid Jaya , Jakarta , on September 7 , 2014.
[3] Training Prajabatan group 3 , Build Team research agreement , the fourth edition of the first printing, the Ministry of Education and Culture , Depok , 2013 , p. 1
[4] Ibid . p. 12 .
[6] Article 1 paragraph 1 manpower and transmigration minister Regulations No. 7 of 2013 About Minimum Wage
[8] Association of Regulatory Affairs Directorate general of Industrial Dispute of Wage and Social Security, 2014.
[9] http://www.kapukonline.com/2012/02/kebutuhandasarmanusiaabrahammaslow.html. Sunday, 14/09/2014. 16:22 hrs.
[10] Training Prajabatan group 3 , Build Team research agreement , Op.cit . p. 26.
[11] Recommendation Group 1 Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya Jakarta.
[12]Recommendations Group 2 in the Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya, Jakarta .
[13]Recommendations Group 3 in the Discussion of Consolidated group Forum of National Wage Council conducted on September 7-9 at the Grand Sahid Jaya, Jakarta .