Rahayu, Hesti Maharani Dwi (2024) Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation becomes the Employment Cluster law in the Perspective of Maqashid Syariah. S2 Masters thesis, Universitas Darussalam Gontor.
![[img]](https://repo.unida.gontor.ac.id/style/images/fileicons/text.png)
Abstract
One of the primary objectives of Law No. 6 of 2023 concerning the enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, in the labor cluster, is to create jobs and enhance the welfare of workers. However, its implementation has resulted in various issues. The wage regulations lack clarity, many companies pay low wages, the access of foreign workers has been facilitated, thereby reducing job opportunities for local workers, and the outsourcing regulations are deemed highly detrimental to workers. On the other hand, this law is perceived as overly beneficial to companies. Consequently, it has faced opposition from workers, academics, and practitioners. From an Islamic perspective, workers are entitled to freedom and prosperity, the state is responsible for ensuring the welfare of its citizens, and companies are obligated to provide fair wages. This welfare aligns with the Islamic objective of achieving worldly and otherworldly benefits (maqāṣid al-shari'ah). This research aims to analyze the Job Creation Law concerning foreign workers, outsourcing, and minimum wages, which impacts worker welfare. Additionally, this study provides critiques and recommendations based on maqāṣid al-shari'ah to improve labor regulations to be more just and align with Islamic values. This research uses a qualitative descriptive method with an empirical juridical approach to assess the law’s implementation. Primary data was obtained from interviews and documentation, while secondary data was sourced from legislation, journal articles, books, and other sources. Data analysis employed the triangulation technique, facilitated by Atlas.ti version 9.0 software. The results show that: 1) Law No. 6 of 2023 concerning the enactment of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law, in the labor cluster, creates various problems, especially in policies regarding foreign workers, outsourcing, and minimum wages, which have the potential to harm worker welfare. The new policy facilitates the entry of foreign workers without adequate knowledge transfer, reducing opportunities for local workers. In addition, the expansion of the outsourcing sector without limits increasingly resembles modern slavery, and the unclear minimum wage regulations create regional disparities and injustice for workers. 2) From the perspective of maqāṣid al-shari'ah, this policy is considered to neglect the principles of hifdzul mal (protecting wealth), hifdzul nafs (protecting life), hifdzul aql (protecting intellect), musawah (equality), and hurriyah (freedom), which should guarantee justice, welfare, and protection of basic workers' rights.
| Item Type: | Thesis ( S2 Masters ) |
|---|---|
| Additional Information: | Tesis : Hesti Maharani Dwi Rahayu NIM : 442023837002 |
| Uncontrolled Keywords: | foreign worker, outsourcing, minimum wages, maqāṣid al-shari'ah |
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Magister UNIDA Gontor > Magister Hukum Ekonomi Syariah |
| Depositing User: | 45 Hesti Maharani Dwi Rahayu |
| Date Deposited: | 10 Jan 2025 11:54 |
| Last Modified: | 10 Jan 2025 11:54 |
| URI: | http://repo.unida.gontor.ac.id/id/eprint/5048 |
Statistics Downloads of this Document
 |
View Item |