Review Of Islamic Maqashid On The Change From Wage Status To Debt Based On Constitutional Court Decision No. 72/PUU-XIII/2015

Siti Nurhayati , Onny Medaline, Muhammad Syarif;

Abstract

The Wage laws in Indonesia need to be ratified. Law No. 13 of 2003  concerning Indonesian labor law as fundamental. In article 90 (paragraph)  2  stated that regulates the suspension of minimum wages causing polemic until the submission of a judicial review to the Constitutional Court, with the outcome of decision No. 72/PUU/XIII/2015. This research analyzes the epistemological foundation of the Constitutional Court Decision. The verdict states that the employer has a debt to the employer for the deferral of minimum wage. This type of research is Juridical Normative, using library materials as primary material. Using the Historical Approach and the Legislative Approach. Then using the Maqashid Shariah as his analysis. It can be concluded that Constitutional Court Decision No 72/PUU/XIII/2015 is the best win-win solution. The most important epistemological foundation is jurisprudence, namely Constitutional Court Decision No. 61/PUU/XIII/2010. Based on the perfective Maqashid Shariah the ruling is appropriate, the Maslahah contained greater than the Mafsadah. And it is included in the level of Dhoruriyah and is a form of Hifdzu mall (protecting property) and Hifdzu nasfs (protecting the soul). So that this final decision both in social reason and  Maqashid test is the right decision. With the interests of each party has been accommodated, the entrepreneur can still do deferral and workers/laborers still get their rights pending, Currently, its how to application expected to the maximum in the work world.