Tinjauan Maqashid Syariah Terhadap Putusan Mahkamah Konstitusi No 72/PUU/-XIII/2015

Abstract

This research is about to analyze the epistemological foundation of Constitutional Court Decision No. 72 / PUU / -XIII / 2015. The verdict states that the employer has a debt to the employee for the deferral of the minimum wage. This type of research is normative juridical by using library material as primary material. (1); Historical Approach (2); The Legislation Approach, as a research method and Maqasid Shariah as its analysis blade.

Wages laws in Indonesia continue to improve. Law No. 13 of 2003 On employment becomes the main foundation. More specifically in article 90 (paragraph) 2 regulates the suspension of minimum wages causing polemics until the submission of a judicial review to the Constitutional Court, with the outcome of decision No. 72 / PUU / -XIII / 2015.

The award is the best win-win solution. The cornerstone of its epistemology is jurisprudence decision of the Constitutional Court No. 61 / PUU-XIII / 2010. Maslahah contained greater than it Mafsadah, it is included in the level of Dhoruriyah and is a form of Hifdzu mall and Hifdzu nafs. With the interests of each party has been accommodated, the employer can still do suspend and workers / laborers still get their rights pending.