JAMINAN SOSIAL BAGI PEKERJA YANG BELUM TERDAFTAR DALAM BPJS KETENAGAKERJAAN PERSPEKTIF MAQASID SYARI’AH (STUDI KASUS PADA PT KAPAK MAS MAGELANG DAN UD AJI KAYU PURWOREJO)

Shofwatul Alaqoh, S.H., NIM.: 21203011016 (2023) JAMINAN SOSIAL BAGI PEKERJA YANG BELUM TERDAFTAR DALAM BPJS KETENAGAKERJAAN PERSPEKTIF MAQASID SYARI’AH (STUDI KASUS PADA PT KAPAK MAS MAGELANG DAN UD AJI KAYU PURWOREJO). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This study discusses the maqasid syari’ah principle of Jamãluddin ‘Athiyyah thinking, regarding the form of social security given to workers, who have not been registered with BPJS Employment, at PT Kapak Mas Magelang and UD Aji Kayu Purworejo . The problem is that the two companies have provided social security to their workers, but the two companies have not registered their workers as BPJS. This research is a qualitative research, using a juridical-sociological approach. An overview of the benefits related to BPJS Ketenagakerjaan, seen from the perspective of maqasid syari’ah thought of Jamãluddin ‘Athiyyah. The research objects were workers at PT Kapak Mas Magelang and UD Aji Kayu Purworejo. The results of this study are; First, both companies have provided social security to their workers, but the amount is determined by the company's financial condition. PT Kapakmas Magelang provides social security from moderate to very heavy work risk levels. This guarantee is in the form of medical expenses until the worker's recovery, and provides additional assistance to the family that is borne when the risk of work accidents occurs from high to very high levels. However, PT Kapakmas did not provide severance pay for workers who were laid off. Meanwhile, UD Aji Kayu Purworejo provides social security for its workers when there is a high risk of accidents. While very low, low and light work risks will be borne by the workers themselves, with medical expenses still below IDR 50,000 (fifty thousand rupiahs). UD Aji Kayu also provides severance pay for laid-off workers. The amount of assistance provided from the employer is uncertain, depending on the financial condition of the employer. In addition, the two companies are still lacking in improving safety guarantees for their workers, so accidents still occur at work. Second, regarding the social security provided by the two companies to their workers from the perspective of maqasid syari’ah thinking of Jamãluddin 'Athiyyah which necessitates the presence of the state. Even though the two companies have provided employment social security to their workers, it has not complied with statutory regulations so that they have not been able to provide sufficient problems for workers. The attitude of the two companies was like that due to the lack of full presence of the state, even though the statutory regulations and socialization had been given, but there were no sanctions from the state against the two companies, in addition to inadequate socialization. Furthermore, according to Soerjono Soekanto's theory of legal awareness, the absence of sanctions against the two companies created legal awareness that was not good enough for the two companies. Among them, the two of them did not register their workers as BPJS Ketenagakerjaan participants even though there had been socialization.

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