Iustitia: Journal of Legal Theory, Politics, and International Relations
Vol. 1 No. 4 (2026): : November: Iustitia: Journal of Legal Theory, Politics, and International Rela

Legal Protection of Female Workers with Invisible Disabilities in Indonesia Based on Feminist Legal Theory Through the Analysis of Labor Law and Constitutional Court Decision No. 130/PUU-XXIII/2025

Indah Dwiprigitaningtias (Universitas Jenderal Achmad Yani)
Santi Yulistiawaty (Yayasan Ruang Pulih Autoimun Disabilitas)



Article Info

Publish Date
27 Oct 2026

Abstract

Female workers with invisible disabilities face potential disadvantages when gendered employment expectations intersect with fluctuating functional limitations and disability-related stigma. This study examines Indonesian employment protections and the legal implications of Constitutional Court Decision Number 130/PUU-XXIII/2025 through Feminist Legal Theory. A normative juridical design employed statutory, conceptual, and case approaches to analyze constitutional guarantees, manpower legislation, disability law, and the Court’s conditional interpretation. An unpublished YRPAD community position statement provided contextual material without constituting representative empirical evidence. The analysis identifies protections against discrimination, entitlements to reasonable accommodation, and corresponding employer obligations under existing legislation. The Court’s decision permits recognition of persons with certain chronic illnesses within the physical disability category following voluntary medical assessment, without automatically classifying all chronic illnesses or invisible conditions as disabilities. The interpretation expands potential access to established protections but does not independently establish workplace procedures for disclosure, confidentiality, or accommodation. Feminist and intersectional analysis indicates that formally neutral performance standards may disadvantage workers with fluctuating conditions, especially where gendered expectations shape employment assessments. Effective protection requires individualized adjustments, confidential requests, accessible complaints, and accountable enforcement. This study contributes a gender-responsive interpretation linking constitutional recognition to substantive employment equality while acknowledging the limits of documentary analysis.    

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iustitia

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Description

Iustitia is a peer-reviewed academic journal dedicated to publishing high-quality scholarly works in legal studies, political science, and international relations. The journal provides an international platform for researchers, legal scholars, political analysts, diplomats, and policymakers to ...