ANALISIS PERBANDINGAN NORMATIF MENGENAI KEDUDUKAN SERIKAT PEKERJA DALAM PENETAPAN UPAH MINIMUM ANTARA SEBELUM DAN SESUDAH BERLAKUNYA UNDANG-UNDANG CIPTA KERJA

Abstract

This study analyzes the position and role of labor unions in determining minimum wages before and after the enactment of Law Number 6 of 2023 on Job Creation, along with its implementing regulations, particularly Government Regulation Number 36 of 2021 on Wages. Prior to the enactment of these regulations, the mechanism for determining minimum wages was based on the principle of Decent Living Needs (Kebutuhan Hidup Layak / KHL), which was formulated through tripartite negotiations between the government, employers, and labor unions within the Wage Council. However, following the enactment of the Job Creation Law, the basis for wage determination shifted to a formula calculated using macroeconomic variables such as inflation and economic growth, thereby limiting the participatory space of labor unions. This research employs a normative legal research method with a comparative approach to examine the legal framework before and after the regulatory changes. Data were obtained through literature studies of statutory regulations, legal doctrines, and previous research findings. The results indicate that changes in wage regulation have shifted the position of labor unions from a strategic role in negotiations to a more limited consultative role, confined to providing recommendations. The legal implications of this shift potentially weaken the protection of workers' rights to fair wages and create an imbalance between economic interests and the principles of social justice as guaranteed by the constitution. Therefore, a normative evaluation of national wage policies is necessary to ensure that they continue to reflect the values of justice and worker protection.

Keywords:  Labor Unions; Minimum Wage; Job Creation Law; Wage Policy