The Welfare of Outsourcing Workers in Indonesia on The Progressivity of Maqashid Sharia

Abstract

ABSTRACT This article discusses the welfare and protection of workers with an outsourcing system in terms of the progressivity of maqashid sharia. Based on the provisions in Article 66 of Regulation No.11 of 2020 on Job Creation, it is no longer stated regarding the limitations of work that are prohibited from being carried out by workers with an outsourcing system. The provisions in Law Number 11 of 2020 on Job Creation allow for no time limit for outsourced workers, so workers can be outsourced indefinitely, even for life. This protection is carried out before, during and after work. This research is a normative legal research using a statutory approach as well as a review of Islamic law which uses literature study as a data collection method and is analyzed through an analytical descriptive method. Based on maqashid sharia Regulation No. 11 of 2020 on Job Creation regarding the protection of workers, the outsourcing system is not in accordance with the indicators in maqashid al-shari'ah, namely religion (al-din), soul (al-nafs), mind (al-'aql), wealth (al-mal), and offspring (al-nasl).

Keywords

• Keywords: Welfare, Outsourcing, Maqashid Sharia.