Abstract

Since the enactment of Law No. 13 of 2003 concerning Employment, outsourcing labor is a reference for employers to add and reduce their employees. Employers feel safe in the context of efficiency in production costs (cost of production) if the outsourced worker is a worker services company, then the person responsible for the outsourced worker is a worker service company. In practice, outsourcing workers often receive unfair treatment in remuneration. In the Islamic economic system justice is upheld and becomes the main foundation in every economic activity. To realize justice, Islam presents the role of the state as a referee who maintains hunting regulations. This includes the obligation of employers to voluntarily return 'surplus value' to their workers. The state must make a forced effort if employers do not want to run it voluntarily. On the other hand, this combination of syirkah-ijarah in the outsourcing labor contract makes workers no longer a separate entity from the means of production as in capitalism. On the contrary, the concept does not make workers the absolute ruler of the means of production.

Full Text
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