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All Journal Brawijaya Law Journal : Journal of Legal Studies Warkat
Umar, Azahlia
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Humanities Law, Crime, Criminology & Criminal Justice

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Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol 7, No 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
Pelaksanaan Perlindungan Hukum Usaha Mikro Kecil dan Menengah Berbasis Perjanjian Kemitraan untuk Meningkatkan Daya Saing dalam Era Ekonomi Global (Studi di Sentra Industri Keripik Tempe dan Keramik Dinoyo): Implementation of Legal Protection for Micro, Small and Medium Enterprises Based on Partnership Agreements to Increase Competitiveness in the Global Economic Era (Study at the Dinoyo Tempe Chips and Ceramics Industrial Center) Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Warkat Vol. 1 No. 1 (2021): Juni
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v1n1.4

Abstract

MSMEs have an important step in supporting the improvement of the Indonesian people's economy, especially in terms of business opportunities and employment opportunities. Malang City is famous for its tourism and education sectors where MSMEs are an inseparable part of the economic activities of the Malang community. Malang City has several MSME industrial centers. This research examines the form of partnership agreement between the sanan tempeh chips and dinoyo ceramics industry center with large business partners in Malang City and hotels in Malang City. Researchers analyze the implementation of legal protection in partnership agreements in Malang City and analyze the fulfillment of the principles of fair partnership agreements. For this reason, in this paper the problem that will be studied is: How is the analysis of partnership agreements between MSMEs and large businesses in Malang City, and how is legal protection implemented for Partnership-based MSMEs in Malang City? This article is based on empirical juridical research with a Sociological Juridical approach which produces an analysis that: The implementation of the Partnership agreement in Malang City has not been carried out effectively which is contrary to the rules in Government Regulation Number 17 of 2013 where the concept, form of agreement and terms of partnership are not partnerships as stated in which has been mandated by law. A true partnership must be accompanied by a program of empowerment and assistance for large business actors towards small business actors. Meanwhile, large business actors themselves have a tendency not to carry out partnerships as they should. Implementation of legal protection and implementation of supervision over partnership agreements in Malang City is also still not running effectively due to overlapping authority.
Law Protection Mecanism of Wage Equality for Women Worker: Indonesian Law and Human Right Perspective Sukarmi, Sukarmi; Ganindha, Ranitya; Umar, Azahlia
Brawijaya Law Journal Vol. 7 No. 2 (2020): Contemporary Legal Issue in Children and Women Protection
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2020.007.02.02

Abstract

Women labours in Indonesia still experiencing wage discrimination with male labours for works of equal value. Indonesia's efforts to provide protection against discrimination in wage for women labor is by ratifying ILO Convention No. 100 of 1951 and the CEDAW Convention 1979. This journal aims to find out the form of Protection of Wage Discrimination for women labours in Indonesia in accordance with the mandate of the ILO and CEDAW Conventions and the Protection Mechanism of wage discrimination given by Indonesia to women labours. This journal is a normative study, with a statute approach and a conceptual approach. This journal analyzes that the form of Protection of Wage discrimination Against women labours in Indonesia is through legislative action through ratification of ILO Convention No. 100 of 1951 with Law No. 80 of 1957 concerning the approval of ILO Conventions No. 100 Regarding Wages for Men and Women for Work of Equal Value, especially those contained in Article 1 letter (b) and Article 2, the ratification of CEDAW through Law No. 7 of 1984 concerning Ratification of the Convention Concerning the Elimination of All Forms of Discrimination Against Women especially those contained in Article 11 Letter (d), Law No. 13 of 2003 concerning Employment specifically regulated generally in Article 5, Article 6, and Article 88 Paragraph (3) Letter (i). This journal finds that Indonesia does not yet have regulations that contain special protection mechanisms for wage discrimination provided by Indonesia to women workers in the form of sanctions, reporting mechanisms or special supervision of discriminatory practices, which are not yet regulated either in the Employment Act or the Law ratified by the Convention ILO and CEDAW.
Co-Authors Ganindha, Ranitya Sukarmi Sukarmi Sukarmi, Sukarmi