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LEGAL PROTECTION FOR WOMEN WORKERS IN INDONESIA: A CRITICAL REVIEW OF LAW APPLICATION Prasetyo, Dedy Ardian
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5233

Abstract

When compared to their male counterparts, female workers frequently experience discrimination in labor rights concerns pertaining to their protection, particularly in areas of reproductive function, pay, and positions. The purpose of this study is to examine the laws intended to safeguard Indonesian women workers' rights. Normative legal research is the methodology used in this investigation. Law Number 6 of 2023 Article 153 and Regulation of the Minister of Women's Empowerment and Child Protection Number 1 of 2023 are the main sources of data for this study. According to the study's findings, women workers have not yet received the best protection possible under Law No. 6 of 2023 and the Ministerial Regulation of PA No. 1 of 2023. The requirement for workers to learn more about the relevant legislation is the reason for the low implementation of these policies. According to the same report, a large number of female employees need to be aware of the laws obliging businesses to offer maternity leave. Furthermore, the provision of shelter houses for female employees in the workplace is governed by the Ministerial Regulation of PPPA No. 1 of 2023. Only 72 businesses will be dedicated to offering RP3 across Indonesia in 2023. DKI Jakarta, Bogor, Bekasi, Subang, Riau Islands, South Sumatra, Banten, and East Java are among the regions that have adopted RP3. Despite the implementation of Law No. 6 of 2023 and Ministerial Regulation No. 1 of 2023, not all Indonesian women workers are aware of or able to utilize their current protection rights.
The Evolution of Labour Protection Legislation Following the Enactment of the Labour Creation Act Arya Bagiastra; Zulkarnain Sitompul; Dedy Ardian Prasetyo
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 2 (2024): August : International Scientific Journals of Social, Education, Humanities 
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i2.1687

Abstract

This paper examines the development of labour protection laws in Indonesia following the implementation of the Labour Creation Act No. 11 Year 2020. This research is motivated by the controversy and dispute that emerged due to the changes in employment regulation introduced by the law. The new provisions in this law are believed to have negative effects on workers in terms of their pay, working hours, and termination conditions, as compared to the level of protection offered by the Employment Act No. 13 of 2003. This study aims to explore how the legal protection for workers can be maximized following the implementation of the Labour Creation Act. Additionally, it seeks to determine whether joint employment agreements can effectively remedy any deficiencies in the existing legislation. This study employs normative legal research methods, including approaches such as the analysis of legislative regulations, literature review, and case studies. Data is gathered by examining documents and then examined using qualitative methods to determine the effects of regulatory changes on labour protection. Additionally, potential solutions are identified through the use of joint employment agreements. The research findings indicate that the Labour Creation Act generates controversy and conflict between workers and entrepreneurs, particularly on the curtailment of workers' rights. The primary finding of this study is that a collabourative agreement, established in accordance with Article 1338 of the Convention along with Article 1320 of this Convention, can serve as a potent mechanism to rectify the deficiencies in the Creation of Works Act. Nevertheless, a robust and proactive labour union is necessary to guarantee that the agreement offers sufficient safeguards for workers. Hence, enhancing the influence of labour unions and promoting equitable bargaining processes are crucial in attaining a harmonious equilibrium between employers' interests and the safeguarding of workers' rights.