Criminal Fines As The Ultimum Remedium For Employees Who Do Not Make Company Regulations In The Field Of Employment

Abstract

This study aims to determine how criminal fines are applied to employers as entities that do not create company regulations in accordance with Article 108 paragraph 1 of Law Number 13 of 2003 concerning Manpower. The obligation to create company regulations aims to guarantee the implementation of rights and obligations as well as protection for parties in employment relationships, namely employers and workers, so that company regulations have a very important position in employment legislation. The research conducted uses a normative legal research method based on an analysis of employment laws and court decisions. The results of this study also show that criminalization related to the failure to create a company must go through several processes called non-judicial repression where if this process is not complied with by the employer, it will continue to the next process called judicial repression as ultimum remedium where in this process only then can fines be imposed in accordance with Article 188 of Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation Become Law.