KONTRAK KERJA DI CV MITRA MULIA YOGYAKARTA DITINJAU SECARA YURIDIS DAN NORMATIF

KHAKIMUL AMIN, NIM. 12380092 (2019) KONTRAK KERJA DI CV MITRA MULIA YOGYAKARTA DITINJAU SECARA YURIDIS DAN NORMATIF. Skripsi thesis, UNIVERSITAS ISLAM NEGERI SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Humans in meeting their needs can not be separated from dependence on others, because basically humans are social creatures. In the case of muamalah, Islam gives advice and even orders to do justice and fulfill promises (contracts) to anyone, including non-Muslims as long as the promise does not violate religious provisions. In an employment agreement an employee wants to be treated fairly by the company including the work agreement and his rights as an employee. CV Mitra Mulia Yogyakarta in making work agreements are still many irregularities, especially the problem of working hours that exceed the provisions of the Manpower Act and the rights of employees who have not been fulfilled. This research is a field research in which the writer collects data in the field directly at CV Mitra Mulia Yogyakarta by using data collection techniques in the form of interviews, observations and archives and documents relating to the company. This research is analytic descriptive by describing the phenomena in the company related to the employment contract in force in the company. Wherein the contents of the agreement are more beneficial to the company compared to the laborers / workers. Which is then formulated, analyzed and compared with Islamic law and positive law in force in Indonesia. The approach taken in this study is a juridical normative namely an approach that departs from existing problems and is then reviewed based on positive law, namely Law No. 13 of 2003 which was later strengthened by Islamic law related to this study. The work agreement entered into by CV Mitra Mulia Yogyakarta and its workers is valid based on the Civil Code, because it has fulfilled the legal requirements for an employment agreement. However, in practice there are things that are contrary to the Manpower Act, especially the problem of working hours that exceed the provisions in the Act, and there are employee rights that have not been fulfilled. Also in terms of Islamic law the employment contract at CV Mitra Mulia is valid because the terms and conditions of agreement are fulfilled. However, due to changes in regulations regarding working hours without the knowledge of employees, the company must provide compensation to employees because it is not in accordance with the initial agreement, or at least pay overtime wages that are entitled to employees in accordance with the Law.

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