%A NIM.: 22103080087 Faizurrahman Al-Hasbi
%O M. Ulul Albab Musaffa Lc., M.H.
%T IMPLEMENTASI TEORI KETENAGAKERJAAN DAN TEORI PENGUPAHAN DALAM PENETAPAN UJRAH JASA STUNTMAN
%X The Indonesian film industry, particularly the action genre, has grown rapidly through the contribution of stuntmen, who bear extreme physical risk in performing their duties. In practice, however, the determination of ujrah (wages) for stuntmen in Indonesia is still conducted informally through verbal agreements without a fixed nominal standard, raising questions about its conformity with the Islamic principle of balance between risk and reward. This study addresses two research questions: first, how the theory of employment (al-‘umālāt and al-ijārah) is implemented in determining ujrah for stuntman services in the practice of Uwais Team; and second, how the balance between occupational risk and safety guarantees (ḍamān) within the ijārah contract for stuntman services is assessed through maṣlaḥah mursalah as an indicator of the al-gunmu bil gurmi principle.
This research is a qualitative study employing a normative-empirical, descriptive-analytical approach, conducted at Uwais Team and Uwais Pictures. Primary data were obtained through in-depth interviews with Iko Uwais, founder and owner of both entities, and five members of Uwais Team, while secondary data were drawn from fiqh muamalah literature, statutory regulations particularly Article 86 paragraph (1) of Law Number 13 of 2003 concerning Manpower and scholarly journals. The data were analyzed thematically and comparatively by measuring the balance between risk and reward through three dimensions of maṣlaḥah mursalah: the financial, protection, and formalization dimensions.
The findings show that the four pillars of the ijārah contract (al-‘āqidān, ṣīgah, ujrah, and ma‘qūd ‘alaih) have been formally fulfilled in the working relationship within Uwais Team, supported by a tiered scene-difficulty (adjustment) system low, medium, and high consistent with the principle of al-kharāj bi al-ḍamān. Nevertheless, the nominal clarity of ujrah for each tier has not been formally standardized in writing, creating potential for mild garar (uncertainty). Measurement through the three dimensions of maṣlaḥah mursalah reveals that the financial dimension has been substantively fulfilled, while the protection dimension which remains curative-reactive rather than preventive-comprehensive and the formalization dimension which still relies on verbal agreements have not been fully realized, indicating a potential misalignment with Article 86 paragraph (1) of the Manpower Law. The implementation of the al-gunmu bil gurmi principle has therefore only achieved partial balance. This study recommends written documentation and standardization of ujrah for Uwais Team and production houses, the expansion of preventive occupational safety guarantees, and the harmonization of manpower regulations for high-risk professions such as stuntmen.
%K teori ketenagakerjaan; teori pengupahan; ujrah; stuntman; maṣlaḥah mursalah
%D 2026
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib79191