Electronic Resource
The Contract of the Social Security Agency for Employment (BPJS Ketenagakerjaan) in The Perspective of Sharîa Economic Law
Abstract:
In providing social security, the government requires all
Indonesian workers to become members of the BPJS
Employment. However, because the majority of the population
is Muslim who live based on the laws of the Quran and Sunnah,
it is necessary to review whether the BPJS Employment has
fulfilled the sharia economic law or not. By applying the method
of normative legal research and interview techniques to parties
concerned, this study concludes that the contract of the BPJS
Employment program does not deviate from the sharia
economic law (Islamic economic law) because, in the
compensation on accident during the work program (JKK) it can
be categorized as tabarru’ contract which only applies to virtue.
The Death Insurance program (JKM) is an implementation of alta’mîn al-ta’âwunî, which is ta’âwun in a tabarru’ contract. As for
the Old Age security program (JHT), it’s concept is similar to the
contract of mudlârabah musytarakah. The same goes for the
Pension Insurance (JP) program as a transition from the contract
for wârits.
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