PERLINDUNGAN HAK PEKERJA PEREMPUAN DALAM UNDANGUNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA PERSPEKTIF MAQASHID SYARI’AH

Laila Mauluda Tunnisa, NIM.: 19103070064 (2023) PERLINDUNGAN HAK PEKERJA PEREMPUAN DALAM UNDANGUNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA PERSPEKTIF MAQASHID SYARI’AH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Labor is an important component in the wheel of a country's industry so that it requires a legal certainty that has a function as a regulator and guarantees legal protection of workers' rights. Law Number 11 of 2020 concerning Job Creation is one of the regulations that regulates labor rights. This is in accordance with the 1945 Constitution of the Republic of Indonesia which explains that the state must create prosperity and progress for the nation. However, the problem that arises from the implementation of Law Number 11 of 2020 concerning Job Creation is that there is a reduction in labor rights, as there are several articles that are not clearly stated, one of which concerns the right to leave for women workers. In addition, the calculation of wages changes according to the company's ability and worker productivity, this has the potential to reduce legal protection guarantees, to the threat of women workers because they do not get a salary during menstruation and maternity leave. As for this research, it will discuss how the legal protection for women workers regarding the right to leave is regulated in Law Number 11 of 2020 concerning Job Creation. Apart from that, this research will also discuss maqashid syari'ah review of the regulations on the right to leave for women workers in Law Number 11 of 2020 concerning Job Creation. In this study, the author uses qualitative normative juridical research methods (library research). The author collects literature relating to the object of research. Both in the form of books, theses, journals, and laws. This research is descriptive-analytic in nature by providing an overview of an object of results and analysis of the data that has been collected. The theoretical framework in this study uses a study of the theory of legal protection and the theory of maqashid syar'iah. This research is reviewed through the lens of positive law as well as Islamic law as the basis of its thinking. Regulations regarding the right to leave for women workers, which are not clearly stated in this work copyright law, have created a lack of certainty and legal protection of labor rights and in its implementation there are still deficiencies in fulfilling the rights of women workers because there are still many supervisors and law enforcers who carry out obligations that are not in accordance with existing rules. Likewise the protection regarding the right to leave for women workers in the maqasid syari'ah study has ruled out the principles of Islamic law, because the content in the regulations contains several articles that are detrimental to workers or laborers, especially in fulfilling a decent life and protection from discrimination, especially for women workers.

Item Type: Thesis (Skripsi)
Additional Information: Pembimbing: Dr. Drs. M. Rizal Qosim, M.Si
Uncontrolled Keywords: Perlindungan Hukum, Hak Cuti, Maqashid Syari’ah
Subjects: HAK ASASI MANUSIA
Hukum Tata Negara
Divisions: Fakultas Syariah dan Hukum > Hukum Tata Negara (S-1)
Depositing User: Muh Khabib, SIP.
Date Deposited: 10 Jul 2023 14:58
Last Modified: 10 Jul 2023 14:58
URI: http://digilib.uin-suka.ac.id/id/eprint/59755

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