Reconceptualizing Social Security as State-Led Hibah: Islamic Legal Transformation and Social Protection for Informal Workers
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Abstract
Background: In the discourse of Islamic economics, labor is a noble form of worship that necessitates a robust protection system against socio-economic risks. For the informal sector or Non-Wage Earners (BPU), access to social security remains a critical challenge due to the "literacy-trust gap" and religious concerns regarding conventional financial instruments.
Objective: This study aims to analyze the implementation of the social security program for BPU participants at the BPJS Ketenagakerjaan Pinrang Branch and evaluate its alignment with Islamic economic principles, specifically regarding the mechanisms of contributions and fund development.
Methodology: This research employs a qualitative-descriptive approach with a phenomenological lens. Data were gathered through in-depth interviews with BPJS officials and BPU participants at the Pinrang Branch, complemented by a review of Law No. 24 of 2011 and relevant Sharia economic literature. Data analysis followed the interactive model of data condensation, display, and conclusion drawing.
Result : The findings indicate that the BPU program—comprising Work Accident Insurance (JKK), Death Insurance (JKM), and Old Age Security (JHT)—functions as a state-led manifestation of Ta’awun (mutual assistance) and Maslahah Mursalah (public interest). Despite the absence of a formal Sharia branch in Pinrang, participants generally perceive the JHT fund development (which yielded a projected 29.39% value enhancement over 10 years in this study’s simulation) as a form of hibah (gift) or state Mas’uliyah (responsibility) rather than prohibited Riba. However, the reliance on conventional interest rates as a benchmark remains a "Sharia gap" that requires institutional reform.
Implications: To solidify public trust, BPJS must accelerate nationwide Sharia-compliant investment portfolios to eliminate residual usury concerns. Originality : This research identifies a pragmatic religious reconciliation among informal workers, framing state social insurance as a modern fiduciary responsibility (Mas’uliyah)
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