ISLAM DAN PERJANJIAN KERJA WAKTU TERTENTU PADA PERATURAN PEMERINTAH NO. 35 TAHUN 2021

Tri Amanatun Nadliroh, NIM.: 20203011044 (2022) ISLAM DAN PERJANJIAN KERJA WAKTU TERTENTU PADA PERATURAN PEMERINTAH NO. 35 TAHUN 2021. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The enactment of Law Number 11 of 2020 concerning Job Creation has been rejected and has generated dissatisfied opinions from most Indonesians with different levels of legal perception. In this revision, the government corrected the articles that were deemed ineffective with the aim of having an effect on good economic development in Indonesia. However, the emergence of the Job Creation Law caused a lot of controversy among the Indonesian people so that the people expressed their aspirations with demonstrations that did not end. One of the causes of this problem is the Fixed Time Work Agreement. Looking at the problem, the researchers focus on this research: first, the way maṣlaḥah views the Specific Time Agreement in Government Regulation no. 35 of 2021 and the second, the significance of the study of the Specific Time Agreement in Government Regulation no. 35 of 2021 for legislation. This type of research is descriptive analysis research, which is a study aimed at getting suggestions about what to do to overcome certain problems. The approach used in this research is the normative juridical approach or thestatute approach, meaning that the approach is carried out by examining all laws and regulations related to the legal issue being studied. The results of this study indicate that benefit and welfare are the objectives of the existence of maqa>s}id shari'ah> 'ah, the principle of maqa>s}id syari> 'ah namely a benefit related to the maintenance of h}ifz} al-nafs and h}ifdz ma>l. Government Regulation No. 35 of 2021, there is no benefit for the community, especially workers because workers and laborers have the right to get a decent job and get their rights as workers to fulfill all their basic needs and the survival of a peaceful and peaceful life, but it's about war. The application of a certain time work agreement (PKWT) in an employment relationship in practice requires good faith from the employer in granting workers rights for a certain period of time and it would be better if the regulation of the law was postponed for the good of the Indonesian people to avoid any harm that could arise. even more.

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