JAMINAN HAK SOSIAL BERKEADILAN GENDER BAGI PEKERJA PEREMPUAN DALAM PERSPEKTIF CEDAW: STUDI KOMPARATIF INDONESIA DAN FINLANDIA

Resta Jumeika (Nusa Putra University, Indonesia)
Nuchraha Alhuda Hasnda (Nusa Putra University, Indonesia)

Supremasi Hukum: Jurnal Penelitian Hukum
Vol 35 No 2 (2026)

The protection of social rights is an integral part of fulfilling human rights and realizing gender justice within the labor law system. This study addresses the legal issue of the suboptimal implementation of the principles of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in guaranteeing the social women's labour in Indonesia, particularly when compared to developed countries such as Finland. Although various studies have discussed the protection of woman labour rights and the implementation of CEDAW, comprehensive studies comparing the implementation of social rights guarantees for woman labour between Indonesia and Finland based on legal substance, legal structure, and legal culture remain limited. Therefore, this study aims to analyze the implementation of CEDAW principles in Indonesian positive law and compare it with Finland to identify the factors influencing the protection of woman labour social rights. The research method employed is a normative legal approach using conceptual, legislative, and comparative frameworks, analyzed qualitatively through a literature review of primary, secondary, and tertiary sources. The results show that Indonesia has normatively adopted CEDAW principles into various national regulations, including those governing social security for woman labour; however, implementation has not been optimal and faces several challenges, such as weak oversight, limited access for informal workers, and the influence of patriarchal culture. Meanwhile, Finland demonstrates a more comprehensive and integrated protection system, supported by a progressive legal culture, in ensuring gender equity in the provision of social security. The novelty of this study lies in its comparative analysis, which uses a framework of legal substance, structure, and culture to evaluate the implementation of CEDAW in Indonesia and Finland. The findings of this study are expected to serve as a basis for strengthening regulations, improving the effectiveness of labor oversight, and developing policies that are more responsive to the fulfillment of woman labour social rights in Indonesia.