AL-ITQĀN

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AL-ITQĀN

JOURNAL OF ISLAMIC SCIENCES AND COMPARATIVE STUDIES

December 2021 No. 3

Special Issue

EDITOR IN-CHIEF Dr. Wan Mohd Azam Mohd Amin

MANAGING EDITOR Dr. Masitoh Ahmad

EDITORIAL BOARD Dr. Syed Arabi Aidid, IIUM.

Dr. Hassan Basri Mat Dahan, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan

Dr. Kamaruzaman Yusuff, Universiti Malaysia Sarawak, Kota Semarahan, Kucing.

Dr. Kamar Oniah, IIUM.

Dr. Mumtaz Ali, IIUM.

Dr. Noor Amali Mohd Daud, IIUM.

Dr. Adibah Abdul Rahim, IIUM.

Dr. Haslina Ibrahim, IIUM.

Dr. Siti Akmar, Universiti Institut Teknologi MARA, Shah Alam Dr. Thameem Ushama, IIUM.

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INTERNATIONAL ADVISORY BOARD Dr. Muhammad Afifi al-Akiti, Oxford University, UK Dr. Abdullah M. al-Syarqawi, Cairo University, Egypt.

Dr. Abdul Kabir Hussain Solihu, Kwara State University, Nigeria.

Dr. Anis Ahmad, Riphah International University, Islamabad.

Dr. ASM Shihabuddin, Uttara University, Dhakka, Bangladesh.

Dr. Fatimah Abdullah, Sabahattin Zaim University,Turkey.

Dr. Ibrahim M. Zein, Qatar Foundation, Qatar.

Dr. Khalid Yahya, Temple University, USA.

eISSN:26008432

Correspondence Managing Editor, Al-Itqān Research Management Centre, RMC International Islamic University Malaysia P.O Box 10, 50728 Kuala Lumpur, Malaysia

Tel: +603 6196 5558

Website: http://journals.iium.edu.my/al-itqan/index.php/alitqan/index Email: [email protected]

Published by:

IIUM Press, International Islamic University Malaysia P.O. Box 10, 50728 Kuala Lumpur, Malaysia Phone (+603) 6196-5014, Fax: (+603) 6196-6298

Website: http://iiumpress.iium.edu.my/bookshop

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Important Notes

The first six articles of this Special Issue were

contributed by the Group of Researchers of

professional bodies such as artchitects, planners,

surveyors and others. Therefore, their writings

differed from the normal social sciences

literature. The rest of of the articles were

contributed by those who are specialized in

Islamic Social Sciences area.

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AL-ITQĀN

eISSN 2600-8432

Legal and Human Right Protection of Transportation Services Based On Online Application on Law of Employment

Raihan Hudiana^ Heru Susetyo^**

Abstract

The existence of online application-based transportation services greatly facilitates the community in mobilizing to various places. Apart from being easy to get drivers of transportation services through the application, it is also because the costs incurred by service users are relatively cheaper than conventional transportation services. With its various advantages, unfortunately this online application-based transportation service still has problems in terms of the legal rules governing it. Law No. 13 of 2003 concerning Manpower has not yet regulated employment relations between companies providing online application-based transportation services and drivers. This makes the applicant escape from the obligation to provide protection and welfare that is mandated in the legislation. As a result of these problems, found several mass actions taken by online transportation drivers as a form of their dissatisfaction with existing policies. The results are obtained that the government is required to make strategic steps to save the Driver, such as clarifying the form of employment relations, transparency of financial statements and so on.

Keywords: Human Right, Online, Transportation, Regulation

Introduction

The 1945 Constitution of the Republic of Indonesia (1945 Constitution) has given the mandate that each citizen has the right to work and a decent living for humanity. These provisions are regulated in Article 27 paragraph (2) which is the legal basis for fulfilling the right for all citizens to fulfill their living needs by obtaining decent work. Then the 1945 Constitution of the Republic of Indonesia also regulates the guarantee of wages and justice in Article 28D paragraph (2) which states that everyone has the right to work and to receive fair and appropriate compensation and treatment in work relationships. The existence of various rules governing the fulfillment of the right to work is a

Faculty of Law Universitas Indonesia, Universitas Indonesia, Depok, Indonesia..

Email: [email protected]

**Faculty of Law Universitas Indonesia, Universitas Indonesia, Depok, Indonesia.

[email protected]

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38 Legal and Human Right Protection of Transportation Services – Raihan, Heru Susetyo

consequence of the application of the welfare state concept that is implemented in Indonesia.

The fulfillment of the right to work even though it has been guaranteed by the state through the 1945 Constitution of the Republic of Indonesia, but in reality the people of Indonesia are still difficult to find work. According to data released by the Central Statistics Agency (BPS), in August 2019 the number of open unemployment in Indonesia reached 7.05 million people. This figure reaches 5.28% of the workforce in Indonesia as a whole or there are 5 unemployed out of 100 workforce in Indonesia.¹ According to the Head of BPS, the average number of unemployed people since August 2015 has never fallen below 7 million people. The details in August 2015 were 7.56 million people, in August 2016 there were 7.03 million people, and in August 2017 there were 7.04 million people.²

The high unemployment rate in Indonesia is caused by several factors including, an imbalance between work and the number of workers, technological advancements, and applicant‘s skills do not meet the criteria, lack of education and skills, poverty, termination of employment, and a place to stay far from job vacancies. From these factors, the problem of low education is the biggest reason that determines a person is difficult to get a decent job. Almost in various companies require that workers have a minimum education level up to senior high school (SMA), but the data shows that there are still many Indonesians who go to school only up to elementary school (elementary) or junior high school (SMP). These conditions make people who have low levels of education turn to work in the informal economy business with characteristics including micro-scale businesses, temporary businesses, businesses with small capital, irregular working hours, producing low quality goods and / or services , using simple technology, low productivity, high labor mobility, non-permanent income and business continuity that is not guaranteed.

The rapid development of technology and information makes people

1 ―Angka Pengangguran Naik Jadi 7,05 Juta Orang Per Agustus 2019,‖ CNN Indonesia, November 5, 2019, https://www.cnnindonesia.com/ekonomi/20191105154437-532- 445788/angka-pengangguran-naik-jadi-705-juta-orang-per-agustus-2019 (accessed December 29, 2019).

2 Yosepha Pusparisa, ―Angka Pengangguran Lulusan Universitas Meningkat,‖ Kata Data, May 17, 2019, diakses https://katadata.co.id/infografik/2019/05/17/angka- pengangguran-lulusan-perguruan-tinggi-meningkat (accessed December 29, 2019).

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Al-Itqān, Special Issue No 3, December, 2021 39

want things that are instant and easy. Opportunities for these needs have been captured by several people by making digital startups a promising business opportunity. In Indonesia, two online transportation service provider applications called Gojek and Grab are in the spotlight because the breakthroughs they make create a large number of jobs for workers with low education levels. This online transportation service provider technology has provided a solution to the problem of the difficulty of mobilizing to various places in traffic conditions in big cities. Service users can anywhere and at any time can ask to be delivered to the place they want to go. With a relatively lower cost compared to conventional transportation, this new type of technology is in demand by many people in Indonesia.¹

Based on research conducted by the University of Indonesia Communication Study Center in 2017, it was concluded that the online application of transportation service providers has opened up employment opportunities for the workforce that has not been absorbed.

Then the majority of driver partners receive wages above the average national minimum wage which makes their quality of life improve, especially in terms of the economy. For two-wheeled drivers, they benefit from opening access to financial institutions and insurance services. In terms of regulations governing transportation based on online applications, there are still concerns for drivers because they have not been clearly regulated in the legislation.²

Gojek and Grab focus on providing online taxi and motorcycle taxi service providers. In this research, it is devoted to discussing only motorcycle taxis. Ojek is one of the land transportation by black plate motorbike that delivers service users from one place to another with a certain tariff. Ojek travel routes are adjusted by service user requests.

Ojeks are part of the paratransit mode. Paratransit mode is a means of transportation that has uncertain travel schedules and routes, tailored to the wishes of service users.³

The existence of ojek in Indonesia does not yet have clear legality in

M. Kharis Mawada and Adam Muhshi, ―Perlindungan Hukum Mitra Ojek Daring di Indonesia―, Jurnal Lentera Hukum, vol. 6 issue 1 (2019), no. 33 – 52.

2 Pusat Kajian Komunikasi Universitas Indonesia, ―Hasil Riset Manfaat Sosial Aplikasi On-Demand: Studi Kasus Go-jek Indonesia,‖ http://puskakom.ui.ac.id/publikasi/hasil- riset-manfaat-sosial-aplikasi-on-demand-studi-kasus-gojek-indonesia.html (accessed December 30, 2019).

3 Luthvia Febryka Nola, ―Perjanjian Kemiteraan vs Perjanjian Kerja Bagi Pengemudi Ojek Online,” Jurnal Info Singkat DPR RI, Vol. X, No. 07/I/Puslit/April/2018, hlm. 1.

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the legislation. Law Number 22 of 2009 concerning Road Traffic and Transport (LLAJ Law) and Regulation of the Minister of Transportation of the Republic of Indonesia Number 108 of 2017 concerning the Implementation of Transportation of People with Public Motor Vehicles Not on Route (Permenhub No. PM 108 of 2017) only provides understanding in general about land transportation without routes.¹ Types of transportation such as Ojek which have specifications as land transportation that deliver service users from one place to another with certain tariffs are most likely to be categorized into the category of public motor vehicles not on a route.

In simple terms, it can be seen that the relationship between online motorcycle taxi drivers and online transportation service application providers is like a working relationship between employers and workers.

This is because the drivers must wear uniform jackets and helmets in accordance with what have been required online transportation service providers. However, when examined further, in fact the legal relationship between the two is a partnership relationship with an equal position with each other. Even so, the existing partnership agreement can be said to be not good because it creates an unbalanced position between the transportation service application provider and the driver. If the driver has agreed on a partnership agreement, they are required to comply with several conditions that have been set by the online transportation service application provider without being given the means to negotiate or make an offer. They were only given two choices, agree / agree and disagree / disagree.

The Civil Code (Civil Code) has regulated the agreement in Article 1338. There it is explained that an agreement is considered a law for the parties who promised it. If one party violates an agreement that has been mutually agreed upon, then that party may be sanctioned for the violation. With the existing partnership agreement, the driver's position is in a weak position. On the one hand the driver needs work, but on the other hand the driver has no choice when the service provider company imposes a tariff below the fairness limit unilaterally. As a result of the imbalance, a number of online-based transportation drivers have demonstrated in front of the state palace. They demanded that there be clarity about the position of the driver whether as a partner or employee and clarify which ministries were related to them.

1 Indonesia Law No. 22 of 2009. Art. 141 – 160.

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Online Application Based Transportation Arrangements in Indonesia As explained above, the regulation regarding motorcycle taxi, both conventional and online, does not yet have legality in Indonesian laws and regulations. Law Number 22 Year 2009 concerning Traffic and Road Transportation (UU LLAJ) does not specifically regulate the existence of motorcycle taxis. The closest motorcycle taxi definition in the LLAJ Law is public motor vehicles. In Article 10 of the law, the definition of public motor vehicles is any vehicle used for the transportation of goods and / or people for a fee. This motorized vehicle in Article 140 is divided into two parts, namely transportation of people with public motorized vehicles in the route and transportation of people with public motorized vehicles not on the route. Public transportation services by public motor vehicles are not in the route consisting of transportation of people using taxis, transportation of people with specific destinations, transportation of people for tourism purposes, and transportation of people in certain Regions. As for the transportation of people for specific purposes based on Article 153, only public passenger cars or public bus cars. Ojeg (motorcycle taxi) that use this type of motorcycle can not be called a public motor vehicle under this law.

More on Permenhub No. PM 108 of 2017 concerning the Implementation of Transportation of People with Public Motor Vehicles Not in Route (Permenhub No. PM 108 of 2017) does not mention motorbikes as transportation of people with public motor vehicles not on routes. Article 1 number 3 states that transportation of people by public motor vehicles not on a route is transportation served by public passenger cars or public bus cars in urban areas and / or certain regions or from one place to another, having origin from one place to another others, have a goal origin but do not have a fixed track and time.

Because it is not regulated regarding motorcycle type vehicles, ojeg is not a transportation of people with motorized vehicles not on the route.¹

Permenhub No. PM 108 of 2017 in 2018 was replaced with Permenhub Number 118 of 2018 concerning the Implementation of Special Lease Transportation. This regulation was made to accommodate the existence of online application-based transportation services. The Permenhub regulates the minimum service standards (SPM) for online taxis, including regarding the condition of vehicles and drivers. Some of the provisions also regulate aspects related to the safety, security and

1 Indonesian Minister of Transportation Regulation No. 118 of 2018. Art. 5.

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comfort of online taxi passengers. The Regulation of the Minister of Transportation also includes the provisions of the lower and upper tariff rates which must be obeyed by online taxi applicators. As with the previous rules, this regulation does not regulate online motorcycle taxis.

This regulation only regulates special rental transportation by type of car. Article 5 letter a explains that general motorized vehicles used for special rental transportation services include sedan passenger cars and / or non-sedan passenger cars. Because it is not regulated, the provisions regarding motorcycle taxis that use motorcycle types are not included in this regulation.

Arrangements regarding online motorcycle taxis that use new types of motorcycle vehicles are regulated in the Minister of Transportation Regulation No. 12 of 2019 concerning Safety Protection of Motorcycle Users Used for Public Interest. This regulation is discretionary because online motorcycle taxis are not public transportation, so the Ministry of Transportation does not regulate this matter. In this regulation consists of 21 articles divided into 8 chapters with a focus on safety, service costs or tariffs, suspensions and partnerships.

Legal Relationship Between Application Proveder and Drivers Article 1313 of the Civil Code explains that an agreement is an event where someone or one party promises to someone or another party or where two people or two parties promise to carry out one thing. The terms of the agreement are regulated in Article 1320 of the Civil Code which states that an agreement is valid if it meets four elements, namely the existence of an agreement from the parties (consensus), ability to act according to law (capability), the object must be clear, and the causes are allowed (halal). In the case of an agreement between an online-based transportation service provider and the driver, the form of the agreement made is a partnership agreement. Based on Article 15 Permenhub No. 12 of 2019 concerning Motorcycle Users Used for Public Interest, the type of relationship between the application company and the driver is a partnership relationship. The gojek company in the partnership cooperation agreement explains the cooperation relationship as follows:¹

"This cooperation agreement is effective from the date the contract was agreed by the Partner. The Partner hereby agrees to the terms and

1 ―Bacalah Perjanjian Kerjasama Kemitraan ini dengan Seksama Sebelum Mendaftar sebagai Mitra, Mengakses atau Menggunakan Aplikasi Go-jek,‖

https://www.gojek.com/app/kilat-contract/ (accessed Desember 30, 2019).

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conditions set forth in this cooperation agreement by means of clicking electronically on this Agreement, accessing and using the Application, the Partner will be interpreted to have agreed to be bound by the Terms, which is a contractual work relationship- the same between Partners and PGS. The Partner has an obligation to comply with every policy in the Terms in the implementation of this Agreement. By agreeing to this cooperation agreement, the Partner also gives approval to (i) the cooperative relationship between the Partner and (a) the AKAB in connection with the registration and use of the Application and (b) the DAB with respect to any use of the electronic money system in the provision of services performed through the Application , and (ii) any terms and conditions imposed by the AKAB, as may be amended or added by the AKAB from time to time, in connection with account registration and use of the Application, as applicable, as informed or announced to the Partner through electronic or other communication media. chosen by AKAB.

If the Partner does not agree to these Terms, the Partner may choose not to access or use the Application. The Partner agrees that PGS may directly stop the use of the Application by the Partner, or generally stop offering or denying Partner access to the Application or any part of the Application, at any time for any reason."

In the Civil Code the partnership provisions are regulated in Articles 1618 - Article 1652 relating to civil alliance (maatschap or vennootschap in Dutch or partnership in English). The form of a partnership agreement is categorized as a civil partnership agreement because both parties commit themselves to include something (inbreng) to then share the profit from the efforts made by both. Even so, in this civil alliance if there is already an agreement from the allies to establish it, then it can already be said that there has been a civil alliance agreement. The Civil Code does not specify the manner in which a civil alliance is established, so that this agreement is free. In practice, the establishment of a civil alliance is evidenced by the existence of an authentic deed or a deed under the hand.

The partnership agreement is different from the labor relations agreement as regulated in Act Number 13 of 2003 concerning Manpower. A work agreement is an agreement between the worker and the employer that contains the terms of work, rights and obligations of the parties. While the employment relationship is a relationship between employers and workers based on work agreements that have elements of

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work, wages, and orders. The existence of an order element in a work relationship makes the position of the worker in the work agreement a relationship between superiors and subordinates.

Partnership agreements that occur between application service providers and drivers have the advantage of the driver's side in terms of easy formation, does not require special skills, and the provision of relatively easier profits. Likewise, in terms of application service providers, they have the advantage of not being bound by labor laws so that they do not have the burden of providing wages and severance pay.

But in the case of a partnership that occurs between the application service provider and the driver makes it difficult for drivers because even though their position is equal in the agreement, in reality the driver is in a lower position than the application service provider because the driver has no choice in determining the agreement. They are only given the choice of accepting or not accepting the choice.

Analysis of Agreement between Application Provider and Drivers The legal relationship that occurs between online application-based transportation service providers and drivers is a partnership contract. Legal protection for drivers as partners cannot use labor laws as the employment relationship between employers and workers, but rather protection as a party to a partnership agreement. For this reason, legislation that can be used in protecting drivers as partners is the Civil Code (Civil Code) and other legislation governing partnership relations.

Basically, the provisions regarding partnership agreements have not been regulated in the statutory regulations with the types of undang-undang in Indonesia. For this reason, if there is a legal vacuum in determining the type of agreement, then the legal basis used is Article 1319 of the Civil Code on the nameless agreement. The article explains that all agreements, which have special names or are not known by a certain name, are subject to the general rules contained in this chapter and other chapters. Therefore, the partnership agreement can be based on Article 1338 of the Civil Code which explains the principle of freedom of contract. A contract becomes law for the parties who promised it. If one of the parties violates the existing agreement (default), then that party can be sanctioned. The existing contract will continue to apply as long as the legal conditions of the agreement contained in Article 1320 are fulfilled as a whole which covers the achievement of an agreement, is legally competent, finances a matter, and is lawful.

The partnership contract is regulated based on the principle of freedom of contract. In the principle of freedom of contract the parties are free to make

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clauses and the various agreements they agree on. The principle of freedom of contract itself is manifested in 5 (five) forms of legal principles, namely freedom to determine the contents of contracts, freedom to determine the form of contracts, binding contracts as laws, mandatory rules as exceptions, and the international nature and purpose of UNIDROIT principles that must be considered in the interpretation of the contract. The freedom of the parties to choose which law applies does not mean that the choice can be made arbitrarily because there are various restrictions, that is, as long as it does not violate the public interest, may not be a legal smuggling, and may only be carried out in connection with the field of treaty law.

Government Regulation Number 17 of 2003 concerning Implementing Regulations Act Number 20 of 2008 concerning Micro, Small and Medium Enterprises states that partnerships are contract in business relations, both directly and indirectly, on the basis of the principle of mutual need, trust, strengthen, and profitable involving micro, small and medium businesses with large businesses. In Article 11 paragraph (2) it is explained that partnerships can be implemented among others with the core-plasma pattern, sub-contractors, franchises, general trading, distribution and agency, profit sharing, operational cooperation, joint ventures, distribution, and other forms of partnership.

The type of partnership carried out between the online application- based transportation provider and the driver is the type of revenue sharing partnership. Transportation service providers will get a few percent compensation for services provided by consumers to the driver. And transportation service providers provide a means to bring together consumers and drivers. Then the transportation service provider also gives a bonus to the driver who successfully delivers the customer with a predetermined amount.

Cooperation agreement between providers of transportation services based on online applications in this case the Gojek Company and the driver is made in the form of a written agreement and electronic form. At the beginning of the agreement, the prospective driver is presented with a written agreement. If the prospective driver agrees, the prospective driver signs the contents of the agreement. After that a more complete agreement is in the application. Prospective drivers simply click the agree button if the agreement contained in the application is agreed by the prospective driver. From the agreement in the application based on Article 5.6 (a) the partnership agreement states that this agreement constitutes the entire agreement and understanding between the partners and Go-jek and / or AKAB regarding the main issues and exchanges and

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replaces all agreements or capabilities of the partners and Go-jek and / or AKAB regarding the main problem. In the event that the partner has previously agreed and / or signed a similar agreement with GO-JEK, the agreement will be continued and replaced with this Agreement with the terms and conditions set forth in this Agreement.

Based on the agreement clause above, it can be seen that there is an unequal position between an online application-based transportation service provider and the driver. The company makes an agreement to use on its own basis which does not involve partners as binding parties to the agreement. This clause gives the company the right to change, add, or delete requirements and policies in the application at any time unilaterally without taking part in the process of adding or changing the terms and / or policies in the agreement.

The principle of freedom of contract does not in fact fulfill the sense of justice for the parties. The application of this principle is often carried out without the good will of one party and the abuse of circumstances. In the case of agreements that occur between companies providing online application-based transportation services with the driver, the position of the driver is lower than the company. Limited job opportunities and increased living necessities cause thousands of people to register as partners because the conditions provided are relatively easy. Under these conditions, companies providing online application-based transportation services commit bad faith and abuse the situation.

Legal and Human Right Protection of the Drivers

Legal protection provided by the government to driver partners has not yet been regulated in specific statutory regulations. Article 30 PP No. 17 of 2013 concerning MSMEs only explains that the Government and Regional Governments play a role in partnership agreements, in terms of regulation, providing data and information, developing pilot partnership projects, and monitoring of the partnership collaboration process. Whereas in the case of supervision carried out by the Commission for Supervision and Business Competition (KPPU). With these conditions, the government should make special legislation regarding the profit sharing partnership agreement so that the protection of partners in this case motorcycle taxi drivers can be accommodated. Their position which is in fact lower than the provider of online application-based transportation services often makes them disadvantageous in an agreement.

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References

M. Kharis Mawada dan Adam Muhshi, ―Perlindungan Hukum Mitra Ojek Daring di Indonesia―, Jurnal Lentera Hukum, vol. 6 issue 1 (2019), No. 33 – 52.

Luthvia Febryka Nola, ―Perjanjian Kemiteraan vs Perjanjian Kerja Bagi Pengemudi Ojek Online,” Jurnal Info Singkat DPR RI, Vol. X, No. 07/I/Puslit/April/2018.

M. Kharis Mawadah dan Adam Muhshi, ―Perlindungan Hukum Mitra Ojek Daring di Indonesia―, Jurnal Lentera Hukum, vol. 6 issue 1 (2019), no. 33 – 52.

Indonesia Minister of Transportation Regulation PER-24/MEN/VI/2006.

Indonesia Law No. 22 of 2009.

Indonesian Minister of Transportation Regulation No. 118 of 2018.

Indonesian Minister of Transportation Regulation No. 12 of 2019.

―AngkaPengangguran Naik Jadi 7,05 Juta Orang Per Agustus 2019,‖

https://www.cnnindonesia.com/ekonomi/20191105154437-532-445788/angka- pengangguran-naik-jadi-705-juta-orang-per-agustus-2019, accessed 29 Desember 2019.

Yosepha Pusparisa, ―Angka Pengangguran Lulusan Universitas Meningkat,―

https://katadata.co.id/infografik/2019/05/17/angka-pengangguran-lulusan- perguruan-tinggi-meningkat (accessed Desember 29, 2019).

Pusat Kajian Komunikasi Universitas Indonesia, ―Hasil Riset Manfaat Sosial Aplikasi On-Demand: Studi Kasus Go-jek Indonesia,‖

http://puskakom.ui.ac.id/publikasi/hasil-riset-manfaat-sosial-aplikasi-on-demand- studi-kasus-gojek-indonesia.html, accessed Desember 30, 2019.

Hendra Frianda. ―Menhub Terbitkan Aturan Baru Taksi Online, Mulai Berlaku Juni 2019,‖ https://tirto.id/menhub-terbitkan-aturan-baru-taksi-online-mulai-berlaku- juni-2019-dcCE, accessed Desember 30, 2019.

Bacalah Perjanjian Kerjasama Kemitraan ini dengan Seksama Sebelum Mendaftar sebagai Mitra, Mengakses atau Menggunakan Aplikasi Go-jek,‖

https://www.gojek.com/app/kilat-contract/ (Accessed Desember 30, 2019).

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AL-ITQĀN

December 2021 No. 3

Special Issue

EDITOR IN-CHIEF Dr. Wan Mohd Azam Mohd Amin

MANAGING EDITOR Dr. Masitoh Ahmad

EDITORIAL BOARD Dr. Muhammad Afifi al-Akiti, Oxford Dr. Muhammad Kamal Hassan, IIUM

Dr. Syed Arabi Aidid, IIUM.

Dr. Hassan Basri Mat Dahan, Universiti Sains Islam Malaysia, Nilai, Negeri Sembilan.

Dr. Kamaruzaman Yusuff, Universiti Malaysia Sarawak, Kota Semarahan, Kucing.

Dr. Kamar Oniah, IIUM.

Dr. Mumtaz Ali, IIUM.

Dr. Siti Akmar, Universiti Institut Teknologi MARA, Shah Alam Dr. Thameem Ushama, IIUM.

JOURNAL OF ISLAMIC SCIENCES AND COMPARATIVE STUDIES

AL-ITQĀN

AL-ITQĀN

December 2021 No. 3

Special Issue

Table of Contents

Important Notes

The first six articles of this Special Issue were

contributed by the Group of Researchers of

professional bodies such as artchitects, planners,

surveyors and others. Therefore, their writings

differed from the normal social sciences

literature. The rest of of the articles were

contributed by those who are specialized in

Islamic Social Sciences area.

AL-ITQĀN

December 2021 No. 3

Special Issue