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p-Index From 2021 - 2026
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All Journal Jurnal Riset Ilmiah Iustitia: Journal of Legal Theory, Politics, and International Relations
Santi Yulistiawaty
Yayasan Ruang Pulih Autoimun Disabilitas
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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PENGAKUAN DISABILITAS TAK TAMPAK DALAM PERSPEKTIF HUKUM INDONESIA: ANALISIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 130/PUU-XXIII/2025 Indah Dwiprigitaningtias; Santi Yulistiawaty; Firdaus M Iqbal
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 6 (2026): SINERGI : Jurnal Riset Ilmiah, Juni 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i6.2642

Abstract

Invisible disabilities, including chronic illnesses and autoimmune conditions, have long faced limited legal recognition within Indonesia’s legal framework, particularly in employment relations. The issuance of Constitutional Court Decision Number 130/PUU-XXIII/2025 represents an important legal development in recognizing chronic illness as a potential form of disability requiring legal protection. This study aims to analyze the legal implications of the Constitutional Court’s decision on the protection of persons with invisible disabilities, particularly from the perspective of labor law. This research employs a normative juridical method using a statutory, conceptual, and case approach through the analysis of legal documents, legislation, court decisions, and relevant academic literature. The findings indicate that Constitutional Court Decision Number 130/PUU-XXIII/2025 strengthens the legal recognition of invisible disabilities by expanding the interpretation of disability beyond visible physical impairments. The decision also reinforces the principles of equality, non-discrimination, and reasonable accommodation in employment relations. However, challenges remain in practical implementation, particularly in workplace policy adaptation, employer awareness, and the provision of adequate accommodation for workers with invisible disabilities. This study concludes that the Constitutional Court’s decision constitutes an important legal instrument in promoting greater protection, legal certainty, and inclusive employment opportunities for persons with invisible disabilities in Indonesia
Legal Protection of Female Workers with Invisible Disabilities in Indonesia Based on Feminist Legal Theory Through the Analysis of Labor Law and Constitutional Court Decision No. 130/PUU-XXIII/2025 Indah Dwiprigitaningtias; Santi Yulistiawaty
Iustitia: Journal of Legal Theory, Politics, and International Relations Vol. 1 No. 4 (2026): : November: Iustitia: Journal of Legal Theory, Politics, and International Rela
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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Abstract

Female workers with invisible disabilities face potential disadvantages when gendered employment expectations intersect with fluctuating functional limitations and disability-related stigma. This study examines Indonesian employment protections and the legal implications of Constitutional Court Decision Number 130/PUU-XXIII/2025 through Feminist Legal Theory. A normative juridical design employed statutory, conceptual, and case approaches to analyze constitutional guarantees, manpower legislation, disability law, and the Court’s conditional interpretation. An unpublished YRPAD community position statement provided contextual material without constituting representative empirical evidence. The analysis identifies protections against discrimination, entitlements to reasonable accommodation, and corresponding employer obligations under existing legislation. The Court’s decision permits recognition of persons with certain chronic illnesses within the physical disability category following voluntary medical assessment, without automatically classifying all chronic illnesses or invisible conditions as disabilities. The interpretation expands potential access to established protections but does not independently establish workplace procedures for disclosure, confidentiality, or accommodation. Feminist and intersectional analysis indicates that formally neutral performance standards may disadvantage workers with fluctuating conditions, especially where gendered expectations shape employment assessments. Effective protection requires individualized adjustments, confidential requests, accessible complaints, and accountable enforcement. This study contributes a gender-responsive interpretation linking constitutional recognition to substantive employment equality while acknowledging the limits of documentary analysis.    
Co-Authors Firdaus M Iqbal Indah Dwiprigitaningtias