The Freedom of Islamic Law Contract on Insurance

Abstract

This study was conducted to analyze the principles of freedom of contract in Islamic law that have been accommodated in the Social Security Administration (BPJS) Employment program at the Makassar Branch Office. The type of research carried out in this research is quantitative research with a theological-normative approach. This primary data was obtained from interviews with BPJS Employment and participants in Makassar City. Data were collected through direct interviews with research informants and documentation related to research data. Data processing is done through data reduction, data presentation, and concluding. The data is then processed and analyzed by data triangulation techniques and theory triangulation. The results showed that the principles of freedom of contract in Islamic law that were accommodated in the BPJS Employment program of the Makassar Branch Office were analyzed with the principle of freedom, the principle of willingness, the principle of binding, the principle of honesty, and the principle of justice-balance. The participant's contract with the BPJS Employment Makassar Branch Office does not contain the principle of freedom of contract because it is a standard contract. The principle of willingness is the same as the principle of consensualism in civil law, where both parties must be willing to agree without any coercion from any party; this applies to BPJS Employment Makassar Branch Office, where both parties are willing to enter into a contract, and there is no coercion. Implementing the binding principle in BPJS Employment at the Makassar Branch Office is carried out with BPJS Employment at the Makassar Branch Office. BPJS Employment participants enter into contracts based on official regulations as the legal basis.