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All Journal ASAS : Jurnal Hukum Ekonomi Syariah SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Hukum Malahayati AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Kompeten: Jurnal Ilmiah Ekonomi dan Bisnis Jurnal Pengabdian Sosial Jurnal Media Akademik (JMA) Nomico International Journal of Social and Education (INJOSEDU) EduImpact: Jurnal Pengabdian dan Inovasi Masyarakat
Helma Maraliza
Universitas Islam Negeri Raden Intan Lampung, Indonesia
Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Journal : ASAS : Jurnal Hukum Ekonomi Syariah

 1 
Legal Protection for Termination of Employment In the Era of Covid-19 Pandemic (Comparative Study of Islamic Law and Positive Law in Indonesia) Maraliza, Helma; Narwati, Lily May; Permata, Helen Aulia; Muslim, Muslim
ASAS Vol. 14 No. 01 (2022): Asas, Vol. 14, No. 01 Juli 2022
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v14i01.11687

Abstract

The purpose of this research is the legal protection for Termination of Employment in the era of the COVID-19 pandemic according to Islamic law and Indonesian positive law as well as the similarities and differences between the two. The research method used in this research is comparative descriptive, with a content analysis approach. This approach used an in-depth discussion of the contents of written information, systematically and objectively analyzed the facts, characteristics, and the relationship between existing elements or certain phenomena and can then be compared to theory. According to Islamic law, legal protection for workers against layoffs is part of the purpose of Islamic law. Namely to maintain life and property to achieve happiness in the world through a good and honorable life (hayyah thayyibah). Therefore, it must be carried out with principles such as human freedom, human dignity, justice, and anti-discrimination, as well as fair wages. In contrast, according to positive law, workers' legal protection for termination of employment can occur because the company is closed due to force majeure, and the entrepreneur is obliged to pay severance pay, long service pay and compensation rights pay that must be received by the worker. The difference is that Islamic law is not regulated in detail regarding the provision of severance pay, long service pay, and compensation rights pay that should be received as in positive law. However, in Islamic law, it is carried out following the agreement (akad) that has been made and agreed to. Therefore, there is no dispute due to injustice committed by one of the parties.Keywords: Islamic Law, Positive Law, Covid-19 Pandemic, Layoffs, Legal Protection
Freight Courier Payroll System in Islamic Law Review (Study on Id Express Way Halim Bandar Lampung) Marwin, Marwin; Maraliza, Helma; Nugraha S, Muhammad Akbar
ASAS Vol. 15 No. 02 (2023): Asas, Vol. 15, No. 02 Desember 2023
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v15i02.17926

Abstract

The more advanced about freight forwarding services in the modern era, many people now like to send goods through freight forwarding services such as one of Id Express to facilitate people in carrying out goods delivery activities, where consumers only pay service wages to the Id Express after a transaction where the determination of service wages is carried out by the Id Express. The focus of this research is how the practice of paying couriers for goods in Id Express and seen from the perspective of shari'ah economic law? The purpose of this study is to know and analyze the practice of paying couriers for goods in Id Express and seen from the perspective of shari'ah economic law. This research is a field research. The power collection methods used are; interviews and documentation. The collected data is then analyzed qualitatively with a descriptive approach to explain the entire wage system at Id Express Way Halim, Bandar Lampung. The results of this study found that the freight courier wage system on Id Express Way Halim is a wage system seen from the delivery of goods, where the courier must send goods according to the target given from the Id Express and if the couriers do not send packages according to the target, their salaries will be deducted by 50% from the Id Express, while the wage system is not explained at the beginning of the agreement between the courier and the company, so in Islamic Law it is not allowed because it is not in accordance with the print of the Qur'an surah Hud verse 85, then does not meet the requirements of ijarah which is the willingness of both parties. And not in accordance with Consumer Protection Law No. 8 of 1999 Article 8 Point c.Keywords: Goods Courier Wages System, Id Express Way Halim
Co-Authors Abdurrohman Kasdi Alan Yati Anggraini, Mayang Saskia Annida Kamiliya Dhiyaulhaq Ayu Puspitasari Azharyuda, Isnu Deni Yolanda Elsa Febrianti Fadhli Anugrah Faisal, Rizky Ananda Fani Ahmad Yamin Fitri, Desmalia Gustama, Sonia Novitasari Hasyimi, Diah Mukminatul Helen Aulia Permata Hidayat, Sabrina Irawan, Febri Aliya Kartika Kartika Kartika S Kartika S Lily May Narwati Lily May Narwati Maria Ulfa Marwin Marwin Mu'in, Fathul Muhammad Adi Saputra Mulya, Eti Muslim Muslim Muslim Muslim Mustain, Achmad Narwati, Lily May Nugraha S, Muhammad Akbar Octaviani, Annisa Panggih, S. Krisna Permata, Helen Aulia Pita Rika Azahra Putri, Salsabilla Atika Reci Gunawan Rohma, Fathu Saputra, Nurdin andy Septiady, Bagas Setyawati, Ayu Sukarno, Faradiya Amartiyana Topani, Iip Nurul Umma Farida Yolanda, Deni Yusuf Baihaqi