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Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Suwondo, Denny; Laksana, Andri Winjaya; Yassine, Chami
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
Outsourcing and Labour Justice in Indonesia: Integrating Contemporary Islamic Legal Principles with the National Regulatory Framework Arpangi; Gunarto; Nanang Sri Darmadi; Trubus Wahyudi
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11157

Abstract

This study examines the practice of outsourcing labour in Indonesia by integrating contemporary Islamic legal principles with national labour regulatory frameworks. Using a qualitative approach with field study methods, data were collected through in-depth interviews with outsourced workers, entrepreneurs, labour activists, and Islamic law experts in several industrial areas. The findings indicate that although national laws and regulations, particularly Law Number 13 of 2003 on Manpower and its amendments, formally regulate outsourcing mechanisms, their practical implementation often fails to ensure substantive justice for workers. Many outsourced employees continue to face significant challenges, including job insecurity, unpaid wages, and limited access to social security, which collectively undermine their welfare and dignity. From the perspective of Islamic law, especially when viewed through the framework of maqāṣid al-sharī’ah, the protection of workers’ rights and dignity is an integral objective of the shari‘a, which emphasises justice, public benefit, and the safeguarding of vulnerable groups. This perspective highlights that the ethical and humane treatment of workers is not only a legal responsibility but also a moral imperative grounded in religious principles. By examining the intersection between Islamic legal norms and positive labour law, this study proposes a more ethical and contextual model of employment justice that responds to both regulatory shortcomings and socio-economic realities. The findings contribute to the development of more equitable and sustainable labour policies in Indonesia. Academically, this research enriches the discourse on Islamic law and labour studies by bridging normative theory with empirical realities and offering a framework for future comparative studies on outsourcing practices in Muslim-majority countries.