SISTEM PERJANJIAN KERJA OUTSOURCING PASCA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA DALAM PERSPEKTIF MAQASID ASY-SYARI‘AH

Muhamad Amir Syarifudin, NIM.: 17103080079 (2022) SISTEM PERJANJIAN KERJA OUTSOURCING PASCA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA DALAM PERSPEKTIF MAQASID ASY-SYARI‘AH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The growing business sector and technology have increased the demand for labor. In order to reduce the number of laborers and get huge profits by handing over the responsibility for supporting labor to other companies, many companies carry out outsourcing practices. Outsourcing is the handover process of part of the work to another company through a written contract agreement by both the labor provider and contractor. The existence of a judicial review submitted to the Constitutional Court of the Republic of Indonesia indicates that there are problems in the application of outsourcing laws and regulations. Therefore, the practice of outsourcing needs to be reviewed from the benefit side and perspective of Maqāṣid asy-Syarī‘ah, whether the outsourcing agreement will bring the benefit or vice versa. According to the background, the author needs to study the form of an outsourcing agreement and its mechanism between labor and provider. The aim of this study is (1) to analyze outsourcing system agreements and (2) to analyze the Maqāṣid asy-Syarī‘ah perspective against outsourcing agreements after the Job Creation Law ratification. The library research technique with the normative approach was used in this study. Primary and secondary data were collected through available literature sources. The result of this study showed that the implementation of the Job Creation Law had provided loose regulation of the enactment of the outsourcing system, which can be seen from the repeal of Articles 64 and 65 and the amendment of Article 66 of Law number 13 of 2003 where these articles are signs to protect outsourced labor. In addition, changes to these Articles are a problem from the perspective of Maqāṣid Asy-Syarī'ah on employment policies which are part of property protection (ḥifẓ al-Māl). This concerns the needs of workers' ḍarũriyyah, so that the benefit of outsourced workers is threatened and cannot be realized. To improve the economic system, it is hoped that this policy regarding wage regulation will be able to provide benefits and justice for the state, companies, and especially outsourced workers, so that they can go hand in hand and be balanced.

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