Jurnal CENDIKIA ISNU
Vol. 1 No. 1 (2024): Vol 1. No 1 Mei 2024 : JCISNU

Protection Between Islamic Law and Law No. 13 of 2003 concerning Manpower (Case Study of PT Gunbaster Nickel Industry)

Intan Delima (Universitas Islam Negeri Sumatera Utara)
Nurenzy Turahmi (Universitas Islam Negeri Sumatera Utara)
Ray Habib Bayhaqqi (Universitas Islam Negeri Sumatera Utara)
Zeinadib (Universitas Islam Negeri Sumatera Utara)
Bela Amelia (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
30 May 2024

Abstract

Labor protection is an important aspect in creating fair industrial relations, both from the perspective of Islamic law and positive Indonesian law. The employment case of PT Gunbuster Nickel Industry (PT GNI) shows that there are problems regarding the fulfillment of workers' rights, ranging from work accidents, occupational safety and health protection, fulfillment of wage rights, to freedom of association. This study aims to analyze the legal protection of labor in the perspective of Islamic law and Law Number 13 of 2003 concerning Manpower and examine its implementation in the case of PT Gunbuster Nickel Industry. The research methods used are normative juridical research with a statutory approach, a conceptual approach, and a case approach. Research data was obtained through literature studies on laws and regulations, legal literature, and sources related to PT GNI's case. The results of the study show that Islamic law through the conceptĀ  of maqashid al-syariah provides protection for workers through the principles of justice, protection of the soul (hifz al-nafs), and protection of property (hifz al-mal). Indonesia's positive law provides protection through labor regulations, occupational safety, social security, and protection of freedom of association. The case of PT GNI shows that there is a gap between normative provisions and the practice of implementing industrial relations because problems related to work safety, wage rights, and worker protection are still found. The conclusion of this study shows that labor protection already has a strong legal basis, but its effectiveness requires more optimal supervision and law enforcement.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...