Aswin Ardiansyah Huda, Anwar Budiman, Retno Kus Setyowati

RESOLUTION OF DISPUTES OVER LABOR INSPECTOR DETERMINATIONS ON OVERTIME WAGE DEFICIENCIES

Introduction

Resolution of disputes over labor inspector determinations on overtime wage deficiencies. Analyze labor inspector determinations on overtime wage disputes. Explore administrative court remedies for legal certainty for employers & workers on unpaid overtime.

Abstract

Workers sometimes encounter differences in calculation with employers regarding the amount of overtime wages they should receive. In such cases, workers tend to leave the resolution of overtime wage discrepancies to labor inspectors. Labor inspectors will examine the implementation of overtime wage payments and issue a determination of the overtime wage amount. Parties who object to this determination may pursue legal remedies in the administrative court. The court's decision on the determination may result in either an acceptance (kabul) decision or a dismissal decision. These differing decisions are intriguing to analyze, as they pertain to the same administrative object but may lead to two different outcomes. The objective of this study is to analyze how labor inspector determinations in disputes over unpaid overtime wages constitute administrative decisions and to examine the legal application in resolving such disputes to provide legal certainty for both employers and workers. This study employs a normative juridical research method analyzed qualitatively. The study concludes that labor inspectors' determinations meet the criteria for administrative decisions. The application of the law through acceptance decisions provides greater legal certainty as it aligns with the fulfillment of administrative dispute criteria under statutory regulations and ensures legal certainty for both employers and workers regarding the payment of unpaid overtime wages.

Review

This study delves into the critical issue of resolving disputes arising from labor inspector determinations concerning overtime wage deficiencies, a common point of contention between workers and employers. The authors highlight a particularly intriguing aspect: the divergent outcomes—acceptance or dismissal decisions—issued by administrative courts when reviewing these determinations, despite pertaining to the same administrative object. The core objective is to rigorously analyze whether labor inspector determinations qualify as administrative decisions and to assess how the application of law in subsequent court proceedings can foster greater legal certainty for all parties involved. This foundational inquiry into the nature of these determinations and their judicial review is highly relevant for labor law practitioners, administrative bodies, and the judiciary alike. Employing a normative juridical research method with qualitative analysis, the study successfully concludes that labor inspectors' determinations indeed meet the established criteria for administrative decisions. This finding provides a crucial legal underpinning for understanding the administrative process in labor disputes. A significant strength lies in the study's assertion that court decisions leading to the "acceptance" (kabul) of an administrative dispute offer enhanced legal certainty. The rationale presented is that such decisions align more closely with statutory regulations for administrative dispute criteria, thereby ensuring a clearer legal position for both employers and workers regarding unpaid overtime wages. While the abstract effectively outlines this conclusion, the full paper would ideally elaborate on the specific criteria and reasoning that differentiate "acceptance" decisions in terms of their certainty-providing mechanisms. Overall, this research addresses a significant gap in the understanding of administrative oversight and judicial review within labor law. By clarifying the administrative nature of labor inspector determinations and advocating for the legal certainty provided by specific judicial outcomes, the study offers valuable insights for enhancing the fairness and predictability of dispute resolution processes. Its findings hold important implications for policymakers considering refinements to labor dispute mechanisms, for administrative courts seeking to standardize their approach to such cases, and for ensuring equitable and efficient resolution of overtime wage discrepancies. This work makes a commendable contribution to the discourse on administrative law and labor rights, paving the way for more consistent legal application in this complex area.

Full Text

Comments

You need to be logged in to post a comment.