PERLINDUNGAN HAK ASASI MANUSIA DALAM UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA KLASTER KETENAGAKERJAAN PERSPEKTIF SIYASAH SYAR’IYYAH

Fadhilatul Husni, S.H., NIM.: 19203012035 (2023) PERLINDUNGAN HAK ASASI MANUSIA DALAM UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA KLASTER KETENAGAKERJAAN PERSPEKTIF SIYASAH SYAR’IYYAH. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The ratification of the Cipta Kerja Law in early October 2020 caused various kinds of reactions among the public. Especially in the employment chapter, the public assesses that there is a defect in substance. In this chapter, it is alleged that there are several articles that reduce workers' rights. Among these articles is article 59 which in this article the period and extension of the PKWT is not regulated. Then article 88 which reduces the points of the wage policy that are part of the rights of workers. Finally, article 151 changes the layoff mechanism, where businessman can layoff directly without prior negotiations with workers/workers or trade unions/workers. So it is interesting to study to see the protection of workers' rights in the Cipta Kerja Law of the Manpower cluster based on the concept of human rights and siyâsah syar'iyyah. This research is a literature research with qualitative methods. Data collection is carried out by means of document studies on Law No. 11/2020 on Cipta Kerja. After that, the author made an in-depth observation of the law. Observation of this data is carried out by looking at aspects of human rights. In addition, the author also put forward expert opinions related to this data to strengthen the author's foundation in analyzing. The nature of this research is descriptive analytic, namely collecting and processing data systematically related to human rights protection in Law No. 11/2020 on Cipta Kerja and libraries relevant to the object of the problem in this study. Then this research was analyzed using the concepts of human rights and siyâsah syar'iyyah. The results of this study found that: first, the derivative rules of the Cipta Kerja Law for the Manpower cluster have provided legal certainty to workers regarding the PKWT period and the explanation of wage policy points. But on the other hand, there are still several articles in the Employment Cluster Cipta Kerja Law that violate the human rights guarantees regulated in the 1945 Constitution Article 27 Paragraph (2), Article 28 D Paragraph (2) and the International Covenant on Economic, Social and Cultural Rights Article 7. This is due to the resignation or reduction of workers' rights, namely by weakening efforts to protect workers/laborers against decent, fair, and profitable working and living conditions. Second, in terms of substance, the Cipta Kerja Law on the Manpower cluster is not in line with the syar'iyyah siyâsah. Because it does not provide benefits to workers / laborers. Some of the rules contained in the Cipta Kerja Law in the Manpower cluster threaten the right to life (the right to obtain food eligibility) and these rules also do not provide justice which is one of the principles in sharia. Thus, this law does not fully provide protection for workers/ laborers.

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