Legal Analysis of Sharia Economics on Labor Wages (Ujrah) in Law No. 6 of 2023 on Job Creation Following Constitutional Court Decision No. 168/PUU-XXI/2023 from the Perspective of Maqashid Al-Syariah

Abstract

Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into law is an important milestone in the dynamics of labor law in Indonesia. The wage regulations in this law have sparked academic debate, particularly following Constitutional Court Decision Number 168/PUU-XXI/2023, which reaffirmed the constitutional position of workers in obtaining fair protection. A study of Islamic economic law on these wage (Ujrah) regulations is urgent, given that the principle of maqashid al-syariah emphasizes protection of life, intellect, religion, lineage, and property. In the context of labor, the aspects of property protection and distributive justice are relevant as benchmarks for the validity of legal norms. This study uses a juridical-normative approach by examining regulations, court decisions, and Islamic legal literature. The results of the analysis show that the wage regulation in Law No. 6 of 2023 still faces challenges in realizing the principle of distributive justice, because the wage formula tends to favor investment interests (oligarchy). From the perspective of maqashid al-syariah, wage policy should be directed at ensuring the welfare of workers, preventing exploitation, and realizing a fair distribution of income. Thus, the urgency of harmonizing positive law and the principles of sharia justice is necessary so that labor regulations can function as instruments of protection and empowerment. Pancasila wages are a solution to the wage system implemented by the government because they fulfill the principles of justice and welfare