Linda Ismi Andini
Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Legal Protection of Female Workers' Reproductive Rights in the Industrial Dispute Settlement System Linda Ismi Andini
DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora (Journal of Legal Services and Humanities) Vol. 6 No. 2 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jds.v6i2.39283

Abstract

The protection of reproductive rights for female workers within industrial relations remains a crucial and unresolved structural legal issue in Indonesia. This study examines the structural gap between normative statutory safeguards (das sollen) and empirical factory-floor realities (das sein) within the framework of industrial relations dispute settlement. Employing a normative-empirical legal research method through conceptual, statutory, and empirical case study approaches, this article analyzes the legislative guarantees under Law Number 13 of 2003 on Manpower as amended, juxtaposed against recurring enterprise-level violations. The study specifically investigates a factual dispute wherein a female worker encountered unilateral employment termination due to high-risk pregnancy complications and subsequent miscarriage. The findings reveal that although statutory provisions formally acknowledge menstrual leave, maternity leave, post-miscarriage recovery periods, and nursing facilities, practical enforcement is severely undermined by cost-saving corporate culture, persistent workplace stigmatization, and fragile administrative labor inspection. Furthermore, dispute resolution institutions under Law Number 2 of 2004 predominantly treat reproductive rights infringements as ordinary civil breaches rather than fundamental human rights violations. This research concludes that securing reproductive justice necessitates comprehensive procedural legal reconstruction, specifically introducing a statutory shifting of the burden of proof, gender-sensitized judicial training for labor court judges, and swift administrative sanctions against non-compliant employers.