Perlindungan hukum bagi pekerja Perjanjian Kerja Waktu Tertentu (PKWT) perspektif HAM dalam Islam Abdullahi Ahmed An-Na’im

Makhmuri, Muhammad and Rofiq, Mahbub Ainur ORCID: https://orcid.org/0000-0002-9230-767X (2022) Perlindungan hukum bagi pekerja Perjanjian Kerja Waktu Tertentu (PKWT) perspektif HAM dalam Islam Abdullahi Ahmed An-Na’im. Muslim Heritage, 7 (2). pp. 379-408. ISSN 2502-5341

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Abstract

The legal protection for PKWT workers is apprehensive, even to the point where a new policy was issued through Law Number 11 of 2020 on Job Creation and its implementing regulations. Legal protection of basic human rights is crucial as is the case in the thought of human rights in Islam Abdullahi Ahmed an-Na'im. The purpose of this study is to find out in-depth how the legal protection for PKWT workers is in the Job Creation Act and the implementing rules from the perspective of human rights fiqh according to Abdullahi Ahmed an-Na'im. This research is normative legal research with a statute approach and conceptual approach. The data in this study are secondary in the form of primary, secondary, and tertiary legal materials. The results of this study indicate that the Job Creation Act and its implementing regulations have not fully provided legal protection for PKWT workers, especially in terms of PKWT based on the completion of a certain job and the elimination of legal consequences if the PKWT is made unwritten. The provisions in Abdullahi Ahmad an-Na'im's human rights in Islam concept do not reflect the spirit of reciprocity and do not fulfill the right to life and freedom, so the values of sharia humanism as when they were revealed in Mecca have not been embodied in the policy of PKWT workers in the new regulation.

Item Type: Journal Article
Keywords: legal protection; PKWT workers; law on job creation; human rights in Islam
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law
Divisions: Faculty of Sharia and Law > Department of Sharia Business Law
Depositing User: Mahbub Ainur Rofiq
Date Deposited: 07 Aug 2023 10:23

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