Bandarlampung, Jurnal9.tv – Muktamar Ke-34 Nahdlatul Ulama (NU) menegaskan dukungan terhadap pengesahan Rancangan Undang-undang (RUU) Perlindungan Pekerja Rumah Tangga (PPRT). Hal ini menjadi kesepakatan peserta sidang Komisi Bahtsul Masail Qanuniyah.
Keputusan ini ditandai dengan ketukan palu dan pembacaan surat Al-Fatihah yang dipimpin oleh Ketua Komisi Bahtsul Masail Qanuniyah KH Mujib Qulyubi.
“DPR dan Pemerintah untuk segera mengesahkan RUU PPRT menjadi UU,” bunyi rekomendasi yang dibahas dalam Komisi Bahtsul Masail Qanuniyah Muktamar Ke-34 NU itu di Fakultas Syariah Universitas Islam Negeri (UIN) Raden Intan, Lampung, Kamis (23/12/2021).
Muktamar Ke-34 NU juga merekomendasikan agar para ulama dan masyarakat luas dapat mengedukasi publik terkait profesi PRT, hak-hak dan kewajibannya yang sesuai dengan prinsip-prinsip Islam Ahlussunah wal Jamaah.
Selain melalui UU, Muktamar Ke-34 NU juga menegaskan agar jaminan perlindungan PRT diperkuat melalui-melalui regulasi-regulasi lain di tingkat nasional maupun daerah, baik di level kementerian, lembaga, pemerintah provinsi, pemerintah kabupaten/kota, ataupun pemerintah desa.
Anggota Komisi Qanuniyah Nyai Hj Badriyah Fayumi menyebut RUU PPRT ini sudah masuk ke DPR sejak 17 tahun lalu. Namun, RUU ini tersingkirkan pembahasannya oleh RUU lain. Bahkan, ia menyebut RUU ini sebagai RUU air mata.
Nyai Badriyah menyampaikan bahwa PRT sampai hari ini belum diakui sebagai sebuah profesi, terlebih belum ada payung hukum yang menaunginya. Hal ini membuat 4,2 juta orang yang bekerja di bidang itu tidak mendapatkan perlindungan sosial selayaknya profesi-profesi lain. Padahal, lanjutnya, mereka bekerja keras untuk mendukung banyak orang dari belakang.
“82 persen dari mereka tidak masuk jaminan sosial Kesehatan dan ketenagakerjaan,” kata Pengasuh Pondok Pesantren Mahasina, Jatiwaringin, Bekasi, Jawa Barat itu.
Maksud pentingnya RUU tersebut segera disahkan adalah adanya pemberian pengakuan terhadap PRT sehingga ada payung hukum yang melindungi mereka. “Kita ingin memberikan pengakuan terhadap Pekerja Rumah Tangga. Dengan pengakuan itu, dia punya payung hukum perlindungan,” katanya.
Adapun bentuk perlindungannya antara lain adalah kontrak kerja yang fleksibel. Artinya, untuk hal ini tidak perlu ada Upah Minimum Regional (UMR), tetapi berdasarkan kesepakatan dengan prinsip saling rela dan musyawarah. “Yang penting kontrak kerja itu menjeklaskan hak dan kewajiban,” ujar nyai yang menempuh pendidikan pesantren di Pondok Pesantren Kajen, Pati, Jawa Tengah itu.
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Melengkapi penjelasan Nyai Badriyah, Anggota Komisi Qanuniyah H Aniq Abdullah menjelaskan bahwa keputusan tersebut dilandasi oleh ayat-ayat Al-Qur’an dan pandangan para ulama yang termaktub dalam kitab-kitab yang mu’tabar. Dalam kitab Mughnil Muhtaj misalnya, dijelaskan bahwa menghadirkan pelayan merupakan kewajiban bagi suami. Namun, pelayan tersebut terkadang ada yang sukarela, ada pula yang dikontrak dengan upah tertentu (ijarah). Karenanya, pelayan di dalam rumah tangga ini tergolong kepada ajir, orang yang menerima upah.
Bahkan, Aniq menambahkan bahwa hubungan pelayan dan pemilik rumah harus dilandasi dengan asas kekeluargaan sebagaimana digarikan dalam suatu hadis. Menjelaskan makna hadis itu, Imam Ibnu Hajar menyebut bahwa hubungan pekerja dan pemberi kerja itu harus dilandasi dengan semangat persaudaraan.
Lebih dari itu, Rais Syuriyah Pengurus Besar Nahdlatul Ulama (PBNU) KH Zaki Mubarok menegaskan bahwa hubungan pelayan dan pemilik rumah bukan sekadar hubungan saudara, tetapi seperti keluarga sendiri. Hal ini dicontohkan langsung oleh Rasulullah saw melalui perilakunya.
Dalam draf, keputusan tersebut dilandasi Al-Qur’an Surat Al-Maidah ayat 2 yang bermakna saling tolong-menolong. Menurut K Lukmanul Hakim dari Pengurus Wilayah Nahdlatul Ulama (PWNU) Jawa Timur hal tersebut tidak tepat. Sebab, pelayan merupakan ajir. Karenanya, ia mengatakan ayat yang lebih tepat adalah Al-Qur’an Surat At-Thalaq ayat 6.
“Maka, ayat yang lebih relevan menurut usulan kami bukan ayat tersebut. Kalau diarahkan ke ujroh kurang nyambung. Khidmah lebih relevan. Usluan kami At-Thalaq ayat 6,” katanya. (*)
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