Overtime Wage Award for Worker Working on Holidays at PT. Matahari Putra Prima Tbk (Hypermart) Bandung Based on Law Number 13 of 2003 on Manpower In Conjunction with the Minister Decree Number 102/MEN/ VI/2004 on Working Time

Abstract

Work is a mandate that is run by humans as His creatures in this world. It is appropriate if the work is done in accordance with their interests, talents, interests, and abilities. Work should also lead to benefits for ourselves to be able to continue to live. Defending ourselves to continue to live and raise the standard of living is the right of every human being. Pursuant to Article 27 paragraph (2) of the 1945 Constitution which states that every citizen of the right to work and a decent living for humanity, Indonesian citizen deserves a decent job in the form of their employment providers in accordance with the clock operational that has been set with the applicable regulations, and citizens of Indonesia are also entitled to a decent living as a wage, entitled to a holiday on official holidays/days nationwide, including getting overtime pay if in the national holiday of workers required to stay in business hours. The research method is an element that is important and essential in a research and development of science, as well as the writing of this using normative juridical approach by reviewing the data - secondary data based on occurrence law, specification of descriptive analysis is to analyze on the basis regulations - regulations in the labor laws, as well as how its implementation in practice, and the method of analysis used is qualitative data obtained systematically prepared for further analysis based on the laws that apply to adjust to the facts. Regarding the implementation of the remuneration of overtime specifically described in Article 11 of Decree No. 102/MEN/VI/2004 concerning Overtime and Overtime Wages. PT. Mathura Putra Prima Tab (Hypermart) Bandung is not in accordance with Article 11 of Decree No. 102/MEN/VI/2004 even not paid overtime wages to workers/laborers. Supposedly, wages received by workers/laborers should for 1-hour first got 1.5 (one-half) hourly wage, and 2 times the wages of an hour for the next hour. There are consequences for companies that do not provide overtime pay on the day a national holiday in the Article 187 of Law Number 13 Year 2003 on Manpower. In accordance with Article 187 that the consequences for companies that do not provide overtime pay may be subject to administrative sanctions in the form of a fine of Rp 10,000,000, - (ten million rupiah) or at most Rp. 100.000.000, - (one hundred million rupiah) or may be subject to imprisonment for 1 (one) month and a maximum of twelve (12) months.