RechtIdee
Vol 20, No 1 (2025): JUNE

Analysis of Sharia Maqashid on PKWT in the Job Creation Law Article 18 No. 35 of 2021

Putri, Rahmawati Aulia (Unknown)
Agung, Wahyu Dwi (Unknown)



Article Info

Publish Date
20 Jun 2025

Abstract

This study analyzes the Fixed-Time Work Agreement (PKWT) in the Job Creation Law Article 18 No. 35 of 2021 through the perspective of Maqashid Sharia, focusing on the principles of Hifdzul Mal (property protection) and Hifzun Nafs (life protection). Indonesia's labor regulations were significantly changed by the Job Creation Law, including the removal of restrictions on the field of work that can use the outsourcing system. This change provides flexibility for the business world, but also poses challenges in protecting workers' rights. From Hifdzul Mal's point of view, this policy can improve business efficiency and encourage investment. However, from Hifzun Nafs' perspective, job uncertainty due to PKWT's flexibility has the potential to reduce workers' welfare. This research uses a qualitative method with a sharia maqashid approach that examines laws and regulations related to PKWT and the outsourcing system in the Job Creation Law. The analysis was carried out by examining legal documents, Constitutional Court decisions, and Maqashid Syariah theory to assess the implications of regulations on the welfare of workers and the business world. This research emphasizes the importance of comprehensive follow-up regulations and effective supervision mechanisms so that labor reform in the Job Creation Law can run according to the principles of justice and welfare in Maqashid Sharia.

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Journal Info

Abbrev

rechtidee

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic ...