The Essential of Termination of Employment Criminal Investigations Viewing From a Restorative Justice Perspective

Abstract

Work connection is the connection of law between worker/laborer and businessman based on agreement work. This study aims to reveal the essence of termination investigation related to paying wages under minimum wage viewed from a restorative justice perspective. This study used normative legal research focused on studying legal materials that become references. Primary legal materials derived from regulations. However, secondary legal materials are derived from literature studies. The legal materials are sorted and selected based on the character and analytical needs of the problem. The fact of labor crimes investigation in terms of paying wages below the minimum wage was realized when the worker (victim) has been reimbursed for his loss and has forgiven the perpetrator through peace and an agreement made outside or during the case investigation. Thus, there was no longer any basis for the State to continue to process it. If harmonization has been rebuilt, there is no longer any right to apply punishment to the State to the parties who have made peace. The concept of resolving labor cases in terms of paying wages below the minimum wage is realized through a peace process and agreement with the victimoffender mediation (VOM) policy by involving the responsibility of the perpetrators of crime in recovering losses due to criminal acts. Concrete evidence of recovery for victims is stated in an agreement that is agreed upon and signed by the parties. Hence, it has legal validity and juridical reasons to provide and protect the interests and rights of the parties.

Keywords

• justice restorative
• termination investigation (sp3)