PEMUTUSAN HUBUNGAN KERJA PADA MASA PANDEMI COVID-19 DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH (FIKIH MUAMALAH)

Abstract

The world has been shocked by the outbreak of a virus called coronavirus disease 2019 (Covid-19) which is detrimental not only to the health sector but also to the economic sector. In Indonesia, the Government has established a number of policies aimed at limiting community mobility and interaction. Not finished with PSBB and micro PPKM, the Government has also implemented emergency PPKM due to the continued increase in Covid-19 cases. This makes economic growth in Indonesia experienced a decline, so that it has an impact on almost all fields including employment, and a decline in economic activity that makes it difficult for some parties/companies, and the financial difficulties faced by companies have led to the emergence of termination of employment (PHK) as a reason for force majeure, as well as efficiency reasons. In this paper, the researcher uses a normative legal study research method, using a library data studies collection technique, which aims to analyze the views of sharia economic law or fiqh muamalah on termination of employment (PHK) during the covid-19 pandemic. Through this research, it was found that according to the perspective fiqh muamalah, is permissible as long as each party is in an emergency situation and has a strong reason without burdening both parties, and the suggestion of termination of employment, the service user is obliged to provide ujrah for work activities that have been carried out by the employee plus severance pay accordance with the terms agreed in the contract.