TINJAUAN YURIDIS NORMATIF TERHADAP PERMENAKER NO 2/2021 TENTANG PEMOTONGAN UPAH PEKERJA

YOGA PUTRA DINANTIRA, NIM. 15380059 (2021) TINJAUAN YURIDIS NORMATIF TERHADAP PERMENAKER NO 2/2021 TENTANG PEMOTONGAN UPAH PEKERJA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

On February 15, 2021, the Minister of Manpower, Ida Fauziyah, signed a new regulation that generally recommends adjustment the amount of wages for industries affected by the COVID-19 pandemic. The government's consideration is cash flow problem, especially in labor-intensive industries over the past year. A second there is a looks like an oportunity to cut wages in this policy, but for innocent employees and in the midst of a pandemic, of course, there are specific rules of this case. Thus, it is necessary to examine the legal satnding and normative legality of wage deductions in Permenaker No. 2/2021 based on the Manpower Act. This research is a normative legal research that seeks to argue that the legality of Permenaker No. 2 2021 is right or wrong and how it should be according to the law. The type of this research is library research using content analysis method to dissect the article that regulates the deduction of wages for workers/labourers in the Regulation of the Minister of Manpower no. 2/2021. Furthermore, the legal istinbat of maslahah mursalah is added in its relevance to Islamic law. Regulation of the Minister of Manpower No. 2 of 2021 Juridically normative as the legality of the company's policy to cut employee wages/salaries due to the company disadvantage affected by covid-19 pandemic is not based on law and can propose to industrial relations disputes. The attention on conferenceis more finding adjustments both side that should be considered as importantto by following the principle of maslahat mursalah, specificallyspirit of independency and equality and liberaly communication between employers and workers.

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