UPAH BURUH KARYAWAN DITINJAU MENURUT HUKUM ISLAM DAN HUKUM POSITIF (Studi di Disnaker Kabupaten Pidie)

Abstract

Minimum wage is an important element in Indonesia's social policy. What
is typical in systems developed in Indonesia is the emphasis on wage
proportionality, which is the practice of attributing wages to the needs of workers.
The legal basis of the current minimum wage determination can be found in the
provisions of Article 88 paragraph (4) of Law Number 13 of 2003 concerning
Manpower and Regulation of the Governor of Aceh Number 60 of 2015
concerning the determination of the minimum wage of Aceh Province. However,
in Pidie district, the implementation of workers' wages is not in accordance with
the regulation. So that the implementation of wages on employees is not in
accordance with it properly. The purpose of this research is to know and explain
the legal arrangement to the provision of wage labor according to Islamic law and
positive law of Indonesia and explain the implementation of wage for workers in
the Office of Manpower of Pidie Regency, and explain the Differences of Islamic
Law And Positive Law in the provision of wages. This research uses normative
and sociological juridical research methods. Normative research uses secondary
data, while sociological research uses primary data obtained from the field. The
legal arrangement of payment of wages according to Islamic law is regulated in
the Qur'an and Hadith concluded that basically the issue of wages is not only a
matter related to money and profit but rather on the issue of how we understand
and respect others and help between the one with the other. While the regulation
of wages in the positive law on wages for the government workforce has made the
signs in Law No. 13 of 2003 on employment. In addition, it has also been made
Presidential Decree no. 107 of 2004 on Wage Council, Decree of the Minister of
Manpower and Transmigration NoKEP-231 / MEN / 2003. Implementation of
Wages for Workers in Pidie District Manpower Office does not refer to Aceh
Governor Regulation No. 60 of 2015 concerning the determination of minimum
wage of Aceh Province. In because if it refers to the governor's regulation has the
disadvantages and advantages that if the Province Minimum Wage to be
determined, then the workers / laborers whose domicile is adjacent or bordered
between districts / cities will not occur gap. Wherever the worker / laborer in one
company will apply the same Minimum Wage. The Differences of Islamic Law
And Positive Laws In Rewarding Wages are decent wages in the positive law
most of which are tangible money, only a fraction of wages can be in the form of
money, in accordance with the employment agreement. Whereas in Islamic law
the form of wages is not always the form of money, the wage can be anything.
The timing of payment of wages in positive law can be postponed or suspended
for some reason, as companies are threatened with bankruptcy. In Islamic law the
wage payment deduction can reduce the value of worthiness. Nominal decent
wage in positive law is to look at provincial minimum wage. The rule is the minimum standard in determining wages. While in Islamic law does not mention.
In Islam only gives signs in determining wages based on the value of wages itself.
The minimum wage as a reasonable wage-size limit should not be accompanied
by the rule of allowance of wage deferral, this is contrary to other regulations.
Strange if wages are minimum and can be suspended which will reduce the value
of worthiness. In addition, it is recommended that wages in positive law pay more
attention to the families of workers and other needs. It is in accordance with
Islamic principles.