PEMOTONGAN UPAH KARYAWAN SEBAGAI GANTI RUGI ATAS MINUS PENJUALAN PERSPEKTIF HUKUM EKONOMI SYARIAH DAN HUKUM POSITIF DI INDONESIA

Abstract

The objectives of this study are: (1) to examine the perspective of Islamic Economic Law on employee wage deductions as compensation for sales shortages, and (2) to analyze the perspective of Indonesian Positive Law regarding employee wage deductions as compensation for sales shortages. This study is a library-based research employing a sharia and juridical approach with a comparative method to identify similarities and differences in legal provisions. The data used are secondary data obtained from documents and relevant literature. The findings indicate that under Islamic Economic Law, wage deductions are permissible provided they are agreed upon in the employment contract and do not conflict with principles of Islamic justice. Wage deductions imposed unilaterally, unfairly, and without the consent of both parties are considered invalid. In Indonesian Positive Law, wage deductions are regulated by labor laws and are only allowed if explicitly stated in a written agreement for specific purposes. Therefore, a binding agreement is required to ensure that wage deduction policies do not harm any party.