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All Journal International Journal of Law, Crime and Justice
Zulhikmah Saputri
Universitas Syiah Kuala
Law, Crime, Criminology & Criminal Justice

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Protection of Women Workers Under the Job Creation Law Zulhikmah Saputri; Iskandar A. Gani; M. Jafar
International Journal of Law, Crime and Justice Vol. 3 No. 3 (2026): September: International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v3i3.1031

Abstract

This study examines challenges in protecting women workers following the enactment of Law Number 6 of 2023 on Job Creation, particularly regarding reproductive rights, discrimination, and termination of employment. It aims to analyze the legal framework and its conformity with legal certainty, justice, and gender equality. This normative legal research employs statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively using theories of legal certainty, legal protection, justice, and gender equality. The findings indicate that the law continues to guarantee reproductive rights, including menstrual, maternity, and miscarriage leave, wage entitlements, and protection against termination due to pregnancy, childbirth, miscarriage, or breastfeeding. However, amendments concerning Fixed-Term Employment Agreements (PKWT), outsourcing, and termination have not fully ensured legal certainty or adequate protection for women workers. Furthermore, the normative framework and enforcement mechanisms do not comprehensively guarantee their rights, leaving substantive justice and gender equality insufficiently realized. Therefore, implementing regulations and labor supervision must be strengthened, alongside consistent application of gender equality, to protect reproductive rights, prevent discrimination, and effectively ensure the fulfillment of women workers’ rights.
Co-Authors Iskandar A. Gani M. Jafar