Revananza Razavi Setiawan, Sofia Gussevi, Azi Ahmad Tadjudin

Tinjauan Hukum Islam Tentang Pasal 88 UU No. 6 Tahun 2023 Tentang Cipta Kerja Terhadap Tanggung Jawab Suami Dalam Keluarga

Introduction

Tinjauan hukum islam tentang pasal 88 uu no. 6 tahun 2023 tentang cipta kerja terhadap tanggung jawab suami dalam keluarga. Kaji tinjauan hukum Islam terhadap Pasal 88 UU Cipta Kerja (UU No. 6 Tahun 2023) terkait tanggung jawab suami dalam keluarga, khususnya pada ketentuan upah dan implikasinya.

Abstract

This study aims to describe how the role of Islamic law in reviewing the Job Creation Law has an impact on the husband's responsibility towards his family. This is the basis for why the theme was chosen as the object of research. The method used in this study is descriptive qualitative. The data collection technique used in this study is Library Research. Where research data is collected from various studies, journals, fiqh books to comparative analysis between one law and another. Based on the findings, several factors and impacts were found due to the enactment of the Job Creation Law. Based on the results of the data analysis, several concepts of the Job Creation Law were found related to wage provisions. First, according to article 88C, the amount of the minimum wage is determined by the Governor. Second, according to article 88B, wages are obtained based on units of time and results. Third, the nominal amount of the minimum wage obtained by workers, if referring to article 88C as the wage is determined by the Governor, then the determination of the wage is based on considerations of economic conditions, inflation and certain indices. This policy is stated in the next article, namely article 88D. If we look at it from the perspective of Islamic law, then the provisions of wages use the theory of ijarah, in which all the terms and conditions must be met. Starting from the contract, the terms and conditions, as well as things that can cancel the ijarah itself.

Review

This study proposes an interesting and timely exploration of how Indonesia's Job Creation Law (UU No. 6 Tahun 2023), specifically Article 88 concerning wage provisions, impacts a husband's financial responsibility within the family, viewed through the lens of Islamic law. The interdisciplinary approach, combining contemporary legal analysis with Islamic jurisprudence, holds significant potential for contributing to debates on family welfare and economic policy in a Muslim-majority context. The stated methodology, descriptive qualitative using library research, appears appropriate for this conceptual and analytical undertaking, aiming to describe and critically evaluate the subject matter. The abstract effectively outlines the research's scope by detailing several key provisions of the Job Creation Law related to wages. These include the determination of minimum wage by the Governor (Article 88C), the basis of wages on units of time and results (Article 88B), and the economic considerations guiding wage determination (Article 88D). A notable strength lies in the paper's intention to critically analyze these legal provisions using the Islamic law theory of *ijarah*, emphasizing the necessity of contractual adherence, clear terms, and conditions. The reliance on diverse sources such as academic studies, journals, fiqh books, and comparative legal analysis indicates a robust foundation for the research's data collection. While the abstract clearly lays out the legal and Islamic law framework for wage analysis, it could benefit from a more explicit and detailed articulation of the *direct* link between these wage provisions and their specific impact on a husband's responsibility within the family. The abstract mentions "several factors and impacts were found," but the precise nature of how these wage policies *specifically challenge or support* a husband's ability to fulfill his financial and familial duties according to Islamic principles remains underexplored. For the full paper to achieve its stated objective, a more in-depth discussion and analysis are needed to bridge the gap between the economic implications of the Job Creation Law and its concrete effects on the familial responsibilities that are central to the study's title and aim.

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