Istinbath : Jurnal Hukum
Vol 22 No 01 (2025): Istinbath: Jurnal Hukum

Justice for PLHIV Workers: Islamic and National Legal Approaches to Protecting Labor Rights

Yoga Saputra (Unknown)
Andi Agung Mallongi (Unknown)
Mukhlisah Amin (Unknown)



Article Info

Publish Date
30 Jun 2025

Abstract

Discrimination against individuals living with HIV/AIDS (PLHIV) in the workplace constitutes a grave violation of the principles of justice and non-discrimination upheld by both national and Islamic legal systems. This study aims to examine the legal protection of PLHIV’s labor rights through the lens of national law and Islamic jurisprudence, while also evaluating the extent to which the principle of justice is reflected in employment practices across Indonesia. Employing a normative juridical approach, this research is grounded in a literature review of national regulations, human rights principles, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The findings reveal that despite legal safeguards, their implementation remains insufficient. Forms of discrimination persist in recruitment rejections, termination of employment, and restricted career advancement—conditions exacerbated by societal stigma and weak legal enforcement. From the perspective of Islamic law, the imperatives of ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘ird (protection of dignity) underscore the necessity of equitable treatment for all individuals. The study advocates for an integrative approach that combines national and Islamic legal frameworks to ensure more comprehensive and just protections for PLHIV workers. Strengthening regulatory mechanisms, eliminating HIV-negative certification requirements in hiring processes, and conducting widespread public education are essential to fostering a more inclusive, stigma-free work environment.

Copyrights © 2025






Journal Info

Abbrev

istinbath

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific ...