KEBIJAKAN UPAH MINIMUM PROVINSI DKI JAKARTA TAHUN 2022 PERSPEKTIF MAQASID ASY-SYARI’AH

Rasyid Tanjung, NIM.: 20203012041 (2022) KEBIJAKAN UPAH MINIMUM PROVINSI DKI JAKARTA TAHUN 2022 PERSPEKTIF MAQASID ASY-SYARI’AH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Governor of DKI Jakarta issued Governor Decree Number 1517 of 2021 concerning the Provincial Minimum Wage of 2022. In this decision there was a fundamental change, namely an increase in the Provincial Minimum Wage of 5.1%. The 5.1% increase is a revision of the Governor's Decree No. 1395 of 2021, which saw an increase in the UMP by only 0.85%. The decision which has been stipulated on December 16, 2021 is considered unilaterally decided and deemed to have violated the provisions of Government Regulation Number 36 of 2021 concerning the wages of Article 27 and Article 29, the decision should have been stipulated no later than November of the current year. This is what then becomes the problem in this research, how is the context and how Maqāṣid ash-Shari'ah views it. This type of research is literary research or library research with a normative juridical approach. The data collection technique was carried out by literature study of legal materials and analyzed by collecting library materials by giving a good review in the form of opposing, criticizing, supporting then analyzing and making their own conclusions with the theory used. The results of this study indicate that the Decree of the Governor of DKI Jakarta Number 1517 of 2021 concerning the 2020 Provincial Minimum Wage from a positive legal point of view is out of sync or not in line with the legal provisions regarding wages in Indonesia. The policy issued by the Governor of DKI Jakarta regarding the increase in the Provincial Minimum Wage of 5.1% is not in line with Government Regulation Number 36 of 2021 concerning Wages. However, on the other hand, the Governor's Decree seeks to protect the rights of workers to provide a decent wage and a decent living in accordance with the constitutional mandate (UU NRI 1945). While the Decree of the Governor of DKI Jakarta Number 1517 of 2021 concerning the 2020 Provincial Minimum Wage from the perspective of maqāṣid ash-syari'ah Jasser Auda, namely the 6 features of the Islamic legal system, was not fulfilled in all, only part of the six features proposed by Jaseer Auda, namely the Wholeness aspect, interrelated hierarchies, and purposiveness. Incompatible system features are the cognitive nature of the system, openness and multidimensionality.

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