IMPLEMENTASI PERATURAN PEMERINTAH NOMOR 49 TAHUN 2025 DALAM PENETAPAN UPAH MINIMUM SEKTORAL KABUPATEN/KOTA TAHUN 2026 OLEH GUBERNUR JAWA BARAT

Abstract

The amendment to wage policy following the issuance of Government Regulation Number 49 of 2025, which reintroduced the possibility of setting Sectoral Minimum Wages at the regency/municipal level (UMSK), has given rise to polemics in its implementation in West Java Province. The main issue lies in the inconsistency between the Governor’s Decree and the recommendations issued by regents/mayors through regional wage councils. This study aims to examine the implementation of the governor’s authority in determining the 2026 UMSK and to assess its conformity with administrative law principles and applicable laws and regulations. This research employs a normative juridical method using statutory and conceptual approaches, supported by empirical data obtained through interviews. The legal materials consist of primary legal sources in the form of legislation and secondary legal sources including books, journals, and other scholarly literature. The findings indicate that the implementation of UMSK determination in West Java has not fully complied with normative provisions, particularly regarding the phrase “based on recommendations,” which in practice is not consistently used as the primary reference by the governor. Furthermore, non-juridical factors such as economic interests and political dynamics also influence the policy, resulting in potential industrial conflicts and legal uncertainty. Therefore, it can be concluded that the implementation of the governor’s authority in determining the 2026 UMSK has not fully reflected the principle of legality and the general principles of good governance.