REVIEW OF MAQASHID SYARIAH ON THE PRACTICE OF CHILD LABOR AS A HAWKER AT THE PAWON PURWOKERTO STOP BY RESTAURANT
Abstract
A child is someone who is still under age, whether male or female. The phenomenon of children as workers often occurs. The reality shows that poor families really need jobs for their children to help the family economy and for their own lives. In the Mampir Pawon Purwokerto Restaurant area, researchers found many underage children working as hawkers. Based on the description above, it is said that children are allowed to work when the child is 13-15 years old, however, the fact that researchers found is that some of the child workers at the Mampir Pawon Restaurant are still in the age range between 6-11 years and their working time is longer. from 3 hours in 1 day, and supervision from parents is still lacking. These child workers are not directly monitored by their respective parents. This has an impact on children's work safety because the Mampir Pawon Restaurant is also a place where other adults work and there are many visitors. The possibility of children experiencing violence cannot be denied because of the hard work life as well as competition in trade or the danger of being kidnapped. So the researcher focused on the research which was outlined in the problem formulation, namely how child labor practices as hawkers at the Mampir Pawon Restaurant in Purwokerto and how Maqasid Syariah reviewed the practice. child laborers as hawkers at the Mampir Pawon Restaurant. The research used is descriptive qualitative field research with data collection techniques using unstructured interviews, observation and documentation. Based on the research results, the author concludes that children are not allowed to work unless the work they do is light and does not interfere with the child's physical, social development and mental health. If you allow children to work in conditions that endanger their lives both physically and psychologically, because long working hours will threaten the child's life, this is not in accordance with maqasid sharia which is a dharuriyyah (primary) need, including protecting the souls of children because children still need them. strict parental protection. Employing children without paying attention to the child's rights is not in accordance with the maqasid sharia, this can make the child mentally weak as contained in the Qur'an, Surah AnNisa' verse 9. Meanwhile, if the child's rights are in accordance with the maqasid sharia, including that is, parents are obliged to provide for their children until the child has the ability to support himself, so that children can explore the potential that exists within them because children are national assets that must be looked after and protected because employing minors can affect the child's growth and development. -children who should get an education but are forced to do a job
Full Text:
PDFReferences
Aprianti, Baiq Leni, 'A Review of Islamic Law on the Practice of Child Labor as Street Vendors in the Tourist Area of the Mandalika Special Economic Zone (SEZ), Central Lombok Regency' (unpublished PhD thesis, UIN Mataram, 2021) [accessed 21 May 2024]
Asyhadie, H. Zaeni, M. Sh, and S. H. Rahmawati Kusuma, Labor Law in Theory and Practice in Indonesia (Prenada Media, 2019) [accessed 27 May 2024]
'Buku_Filsafat Islamic Law.Pdf' [accessed 25 May 2024]
Dahlan, Abdul Aziz, 'Encyclopedia of Islamic Law, Volume 5, Jakarta: PT', Ichtiar Baru Van Hoeve, 1997
Firdausi, Zahra, 'The Relationship between Child Labor and Educational Attainment and Household Welfare Level', 2016 [accessed 26 May 2024]
Indonesia, Government of the Republic, 'Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower', Ministry of State Secretariat of the Republic of Indonesia, Jakarta, 2003, pp. 1–49
INDONESIA, PRESIDENT OF THE REPUBLIC, 'Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower', 2006 [accessed 26 May 2024]
Is, Muhamad Sadi, MH SHI, and S. H. Sobandi, Employment Law in Indonesia (Prenada Media, 2020) [accessed 26 May 2024]
Jalil, Abdul, 'Labor Theology, Yogyakarta: PT', LkiS Pelangi Aksara Yogyakarta, 2008
Kuncoro, Wahyu, 'Practical Legal Tips: Smart Solutions to Facing Family Cases', Jakarta: Raih Asa Sukses, 2010
Kurnia, Afifa, 'EFFORTS OF THE CILACAP REGENCY CHILD PROTECTION OFFICE IN DEALING WITH CHILDREN WHO ARE FACED WITH THE LAW FROM THE PERSPECTIVE OF MAQASID SYARIAH' (unpublished PhD thesis, IAIN Purwokerto, 2020) [accessed 25 May 2024]
No, Law, 'Year 2002 on Child Protection'
Nurhayati, M. Ag, and Ali Imran Sinaga, Fiqh and Ushul Fiqh (Kencana, 2018) [accessed 25 May 2024]
Pnh Simanjuntak, S. H., Civil Law Indonesia (Kencana, 2017) [accessed 26 May 2024]
Prinst, Darwan, Indonesia's Child Law (Citra Aditya Bakti, 1997)
'Qur'an of the Ministry of Religion' [accessed 24 May 2024]
Rushd, Ibn, 'Bidayatul Mujtahid Translation', Imam Ghazali, (Jakarta: Pustaka Amani, 2007), Cet, 3rd, 2002
Suyanto, Bagong, Children's Social Problems (Kencana, 2010) [accessed 26 May 2024]
———, Child Labor and Its Educational Continuity (Airlangga University Press, 2003)
'LAW OF THE REPUBLIC OF INDONESIA'
Wahyuni, Indar, 'The Problem of Child Labor: A Perspective of Maqashid Syari'ah', Court: Journal of Islamic Law Studies, 9.1 (2016) [accessed 27 May 2024]
Refbacks
- There are currently no refbacks.
Address Office: Jl. Conge Ngembalrejo, Ngembal Rejo, Ngembalrejo, Kec. Bae, Kabupaten Kudus, Jawa Tengah 59322