Agustia, Yefiza Nahri
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Konstruksi Hukum Terkait Hak atas Kehidupan dan Pekerjaan bagi Pekerja Rumah Tangga berdasarkan Undang-Undang Ketenagakerjaan Agustia, Yefiza Nahri; Marsal, Irsyaf
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8191

Abstract

The right to work and to a decent livelihood ought to be guaranteed by the state; however, in reality, equal access to formal employment opportunities has yet to be realized, driving many citizens to work as domestic workers under conditions of inadequate wages and benefits. In practice, the majority of domestic workers receive wages below the minimum wage standard and often without guaranteed benefits, reflecting weak protection of their normative rights. This study aims to analyse in depth the implementation of statutory regulations, legal principles, and legal doctrines related to the protection of domestic workers, grounded in a legal policy framework, in order to formulate appropriate policies to safeguard their normative rights. A normative juridical approach is employed through an examination of legislation, legal principles and doctrines, as well as comparative analysis with regulatory frameworks in several countries, such as South Africa and the Philippines, which have enacted specific legislation on domestic workers. The findings show that these countries explicitly regulate minimum wage standards, holiday allowances, maternity leave entitlements, unemployment insurance, and even guarantees of adequate housing for domestic workers, whereas in Indonesia similar regulations remain weak and fragmented. These results indicate the need to revise national policy by setting a minimum wage standard for domestic workers equivalent to the provincial minimum wage, accompanied by sanction mechanisms for violations, so that the protection of wages and benefits becomes fairer and more effective. Accordingly, the strengthening of specific regulations on domestic workers is expected to establish a fair and dignified regulatory framework for domestic workers without neglecting employers’ interests, while simultaneously providing a stronger legal policy foundation for the formulation of domestic labour protection policies in Indonesia.
Analisis Kesetaraan Gender di dalam Dunia Pendidikan dan Dunia Kerja dengan Mempertimbangkan Kepercayaan Norma Budaya Matrilineal dalam Budaya Minangkabau Agustia, Yefiza Nahri; Wahyudi, Slamet Tri
AHKAM Vol 4 No 4 (2025): DESEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i4.8192

Abstract

Gender inequality is a structural issue deeply rooted in many countries, including Indonesia, and is manifested in domestic, political, educational, and occupational domains, even though the right to gender equality is inherently held by all individuals without exception. Patriarchal culture in Indonesia remains a firmly entrenched reality that positions one group as the primary holder of authority and control in various spheres of life, thereby generating injustice and gender disparities that disadvantage women and hinder national progress. This article aims to analyze the influence of matrilineal culture in Minangkabau society on women’s representation in education and the world of work, to identify matrilineal cultural factors that shape this representation, and to formulate strategies within a matrilineal cultural framework to enhance women’s involvement in bela negara. The discussion focuses on how the values and social structures of Minangkabau matrilineal culture can serve as a counterbalance to the dominance of patriarchal systems while simultaneously opening broader spaces for women’s participation in the public sphere. Through this analysis, the article argues that a deeper understanding of Minangkabau matrilineal culture has the potential to provide a conceptual foundation for strengthening women’s representation in the education sector and the labour market, as well as for designing more contextually grounded strategies to promote women’s active role in bela negara.