scholarly journals Problematic of Legal Protection Against Women after Ratification the Job Creation Act under the ILO Conventions

2022 ◽  
Vol 3 (1) ◽  
pp. 22-31
Author(s):  
Silvia Fadhilah Patriana
Keyword(s):  
Economic Development ◽  
Women Workers ◽  
Women's Rights ◽  
Job Creation ◽  
Legal Protection ◽  
Women’S Rights ◽  
International Labour Organization ◽  
Government Programs ◽  
Strong Reaction

It is felt that the overlapping regulations in Indonesia have hampered government programs so far. So that President Jokowi sparked a new regulation, namely the omnibus law with the aim of simplifying regulations in Indonesia so that the omnibus law is believed to be the most relevant solution today. However, this caused a strong reaction by the workers, because it was considered to have the potential to make workers experience marginalization again in the interests of economic development. This research was conducted using a normative juridical approach and intends to explain how legal protection for workers, especially women workers, after the ratification of Law number 11 of 2020 concerning job creation based on International Labour Organization. The results of the research found that no changes were found regarding women's rights in the omnibus law which was also reviewed based on the ILO convention

scholarly journals PERLINDUNGAN HAK-HAK PEKERJA PEREMPUAN PASCA REVISI UNDANG-UNDANG KETENAGAKERJAAN DALAM OMNIBUS LAW

2020 ◽  
Vol 8 (12) ◽  
pp. 1886
Author(s):  
Febri Jaya
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Job Creation ◽  
Legal Protection ◽  
Women’S Rights ◽  
Normative Study ◽  
Inaccurate Information ◽  
Democratic Action ◽  
The Government ◽  
The Right

Tujuan dari penulisan artikel ini adalah untuk memberikan penjelasan terkait bentuk-bentuk perlindungan hukum hak-hak pekerja perempuan pasca revisi Undang-Undang Nomor 13 Tahun 2003 Tentang Ketenagakerjaan dalam Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja. Adapun fenomena yang ada pasca pengesahan Rancangan Undang-Undang tentang Cipta Kerja oleh Dewan Perwakilan Rakyat pada tanggal 05 Oktober 2020 adalah terdapat berbagai penolakan masyarakat terhadap Omnibus Law tersebut. Salah satu alasan penolakan masyarakat yang mendorong aksi demokrasi di berbagai daerah di Indonesia. Adapun salah satu persoalan yang menjadi isu yang ditolak oleh masyarakat melalui demonstrasi tersebut adalah penghapusan hak-hak perempuan. Jenis Penelitian yang digunakan dalam menulis artikel ini adalah jenis penelitian hukum normatif. Melalui kajian normatif, Peneliti bermaksud untuk melakukan kajian perlindungan hukum bagi hak-hak pekerja perempuan pasca revisi undang-undang ketenagakerjaan dalam pengesahan Rancangan Undang-Undang Cipta Kerja. Sebagai hasil kajian, peneliti menemukan bahwa hak-hak yang menjadi obyek demonstrasi masyarakat tidak seluruhnya benar. Adapun penyebaran informasi-informasi tidak tepat secara massif dan terstruktur menyebabkan pemahaman yang keliru di masyarakat. Sehingga terjadi demonstrasi penolakan terhadap Omnibus Law yang salah satu pembahasannya adalah perlindungan pekerja perempuan dalam Klaster Ketenagakerjaan. Meskipun penegasan penegakan hak-hak perempuan seharusnya ditegaskan kembali dalam revisi undang-undang tersebut, seperti keharusan pemberian hak-hak pekerja perempuan pada Usaha Kecil dan Mikro yang cukup sering terabaikan.   The purpose of writing this article is to provide a related explanation of forms of legal protection for women workers after revision of Law Number 13 Year 2003 Concerning Employment in Law Number 11 Year 2020 About Job Creation. As for the existing phenomena after the ratification of the Draft Law on Job Creation by the government on October 5, 2020, there have been various public objections to the omnibus law. One of the reasons for the community’s refusal to encourage democratic action in the various region in Indonesia. One of the issues that became an issue that was rejected by the community through the demonstration was the elimination of women’s rights. The type of research used in writing this article is a type of normative legal research. Though a normative study, the researcher intends to conduct a study of legal protection for the rights of women workers after the revision of the labor law in the ratification of the Work Creation Regulation. As a result of the study, the researcher found that the rights that were the object of community demonstration were not entirely correct. Meanwhile, the massive and structured dissemination of inaccurate information has lead to a misunderstanding in society. So there was a demonstration against the omnibus law, one of which was discussed was the protection of women workers in the employment cluster. Although the affirmation of women’s rights should be reaffirmed in the revision of the law, such as the necessity of grant the right of women workers at Small and Micro Enterprises which is quite often neglected.

scholarly journals Gender Inequality in Indonesia: Facts and Legal Analysis

2021 ◽  
Vol 7 (4) ◽  
pp. 445-458
Author(s):  
Novia Puspa Ayu Larasati
Keyword(s):  
Women Workers ◽  
Women's Rights ◽  
Social Life ◽  
Women’S Rights ◽  
Legal Analysis ◽  
The World ◽  
The Law ◽  
Shared Commitment ◽  
The Right ◽  
Male Workers

the present time, the law is still considered discriminatory and not gender-just. Whereas the law should not regard gender to guarantee the fulfillment of women's rights. Women's rights are still not protected. Equality and elimination of discrimination against women are often the center of attention and a shared commitment to implement them. However, in social life, the achievement of equality of women's dignity still has not shown significant progress. So, if there is discrimination against women, it is a violation of women's rights. Women's rights violations occur because of many things, including the result of the legal system, where women become victims of the system. Many women's rights to work still have a lot of conflict about the role of women in the public sector. Today, discrimination against women is still very visible in the world of work. There are so many women who do not get the right to work. This research found that the structure of the company, rarely do we see women who get a place as a leader, in addition to the acceptance of female workers companies put many terms, such as looking attractive, not married, must stay in dormitory and so forth. Their salaries are sometimes different from male workers. Like male workers, women workers also have equal opportunities in the world of work. While there are many legislations governing the rights of women workers, it seems that many companies deliberately do not socialize it and even ignore the legislation just like that.

“Wanted to Save Her Honor”

Graphic News ◽  
2020 ◽  
pp. 160-194
Author(s):  
Amanda Frisken
Keyword(s):  
New York ◽  
Domestic Violence ◽  
Women's Rights ◽  
Legal Protection ◽  
Double Standard ◽  
Women’S Rights ◽  
Honor Killings ◽  
Elizabeth Cady Stanton ◽  
Crime Of Passion

This chapter shows how, in 1895-96, women’s rights activists attempted to use sensationalism to critique the double standard in domestic violence prosecution. Lacking illustrated newspapers of their own, veteran activists including Elizabeth Cady Stanton, Susan B. Anthony, Lucy Stone, and Henry Blackwell, used the pages of the New York Recorder, World, and Journal to apply the “crime of passion” defense to the case of Maria Barbella (or Barberi), a woman tried twice for killing a man who had seduced and dishonored her. Their efforts to introduce into the daily papers a complex debate about women’s rights and the double standard in legal protection helped win the campaign for Barbella’s acquittal. It had the unintended cost of undermining women’s standing to critique honor killings by men.

Early Colonial Sexuality and Fertility

Before HIV ◽  
2013 ◽  
Author(s):  
Shane Doyle
Keyword(s):  
Sexual Behaviour ◽  
Women's Rights ◽  
Gender Relations ◽  
Excess Mortality ◽  
Legal Protection ◽  
Women’S Rights ◽  
Birth Rates ◽  
Early Colonial ◽  
Population Crisis ◽  
Cash Economy

This chapter examines why Buganda and Buhaya's population crisis was regarded by European observers as resulting much more from sub-fertility rather than excess mortality. The perception that urbanization, the cash economy, Christianity, and the legal protection of women's rights discouraged the young from marrying and undermined sexual restraint provoked a series of interventions aimed at reforming marriage, gender relations, and sexual behaviour, and so curbing syphilis, the presumed cause of these societies' low birth rates and high miscarriage and stillbirth rates. These reforms though were marked by ambiguity and inconsistency, tending to undermine the institutions that they aimed to support. The chapter also analyses the contrasting experience of Ankole, where the chiefly hierarchy was relatively successful in its attempt to stabilize marriage and maximize fertility.

Strengthening the Legal Protection of Female Workers in Marine Fisheries—A Chinese Perspective

2020 ◽  
Vol 5 (2) ◽  
pp. 281-302
Author(s):  
Ruiyao He ◽  
Yen-Chiang Chang
Keyword(s):  
Labour Market ◽  
Women's Rights ◽  
Labour Force ◽  
Large Population ◽  
Significant Proportion ◽  
Legal Protection ◽  
Women’S Rights ◽  
Marine Fisheries ◽  
Marine Fishery ◽  
Female Workers

Abstract China is a large State with a large population and an enormous fishing industry. The marine fishery labour force represents a significant proportion of Chinese labour market share. Due to the special nature of working in marine fisheries, female workers have long represented a significant proportion of the workforce but have been undervalued or even recognised. So far, there has been little research on the protection of female workers’ rights in this field. In 2017, the Secretary-General of the United Nations presented the issue of people on the ocean in a special chapter within the Oceans and the Law of the Sea Report, highlighting the protection of women’s rights in the field of marine fisheries. There is evidence that this issue has already attracted the attention of the international community. Studying the issue of female workers’ protection in this field encourages the standardisation of the marine fishery labour market, thus promoting sound future development. As a result, this article tries to address the necessity for the legal protection of female workers in the field of marine fishery, through an analysis of the evolution of the marine fishery labour force and the current situation as regards the issue of human rights. To date, there is still a lack of effective protection of women’s rights in marine fisheries, especially through legal means, which requires to be addressed.

scholarly journals INTERNATIONAL LEGAL FOUNDATIONS OF CRIMINAL LEGAL COUNTERACTION AGAINST VIOLATIONS OF THE RIGHTS AND INTERESTS OF WOMEN IN UKRAINE

2020 ◽  
pp. 354-360
Author(s):  
С. І. Гіряк
Keyword(s):  
Women's Rights ◽  
Family Relations ◽  
Criminal Policy ◽  
Legal Protection ◽  
Maximum Effect ◽  
Women’S Rights ◽  
Gender Based Violence ◽  
Stage Of Development ◽  
Legal Foundations ◽  
Rights And Interests

The relevance of the article is that at the present stage of development of criminal law counteraction to violations of women’s rights, recognizing the need to build a comprehensive system of legal protection against violence in the field of gender equality using existing positive developments in this field, foreign criminologists should not seek direct borrowing. their proposed forms and methods of combating crimes against women’s rights. This issue is also highlighted by the focus on achieving maximum effect in the prevention of gender crimes, which requires the legislator serious theoretical training and adaptation of various measures to prevent violence against women, taking into account the specifics of the legal mentality in the context of general criminal policy trends. The article examines the international legal foundations of the criminal legal counteraction to the violation of the rights and interests of women in Ukraine, presents the characteristics of the influence of acts of international law on the criminal legal mechanisms of combating crime in the field of violation of women’s rights. It is shown that the international legal framework for the criminalization of violations of the rights and interests of women in Ukraine, which boil down to crimes of the status of crimes against humanity, the recognition of the crime of sexual violence, regardless of the marriage and family relations of the victim and the perpetrator, regulation of the inadmissibility of discrimination on the basis of sex, the invalidation of which would be Whatever factors in justifying gender-based violence, the formation at the international level of special respect and protection of women’s rights, make it possible to substantiate the admissibility of the application in national legislation of the most severe criminal-legal measures in the field of combating violent crimes against women’s rights in the context of ensuring personal freedom in the context of modern global trends in strengthening the protection of human rights.

scholarly journals Asian Feminist Movement: Preventative Legislation on Violence Against Women

2021 ◽  
Vol 04 (08) ◽  
Author(s):  
Yunkang Liu ◽  
Keyword(s):  
Violence Against Women ◽  
Women's Rights ◽  
Partner Violence ◽  
Legal Protection ◽  
Women’S Rights ◽  
International Human Rights Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
And Gender ◽  
The Right

Women empowerment and gender equality are the most popular topics of the UN 2030 Sustainable Development Agenda. Under the concept of traditional culture, Asian women have experienced certain pressure of marriage from their families and the general public. At the same time, intimate partner violence against women has become a significant problem and a common phenomenon in many Asian countries. According to international human rights law, women have the right to enjoy their basic rights to marriage and childbearing. However, due to social pressure, women's rights have faced more challenges. Asian feminists have begun to realize the importance of encouraging women to use legal ‘solutions’ to protect their rights. Then several Asian Non-governmental organizations (NGOs) have also continued to take more actions to promote anti-violence against women. This article is mainly based on two case studies in China and Southeast Asia to discuss the importance of strengthening the legal protection network of Asian women’s rights and encouraging NGOs to participate in the implementation and formulation of laws for women 's protection.

Fornication as a criminal conduct in the Criminal Code Draft: Legal Protection versus Criminalization against Women

2018 ◽  
Vol 23 (2) ◽  
pp. 87
Author(s):  
Laili Nur Anisah
Keyword(s):  
Literature Review ◽  
Women's Rights ◽  
Legal Protection ◽  
Criminal Code ◽  
The Other ◽  
Women’S Rights ◽  
Other Hand ◽  
Criminal Conduct

<p>On 14 February 2018 the Draft of the Criminal Code (RKUHP) was adjourned until an undetermined time, several articles deemed to be problematic. One of them is a criminal act of fornication. A new article will convict a denial-men who promises woman he has intercoursed with. Eventhough that article is meant to protect women, on the other hand, it can also be a factor to victimize women as perpetrator. This paper examines the position of women among the articles which will protect women's rights as well as those which criminalize them. This paper is a normative juridical study by using literature review and aims to find the problem and also intend solving it. The result, victimized-women protection Article in RKUHP should carefully be formulated in order not to allow victim women to be criminalized.</p>

scholarly journals Recognizing Women's Rights at Work: Health and Women Workers in Global Supply Chains

2017 ◽  
Author(s):  
Erika R. George ◽  
Candace Dorene Gibson ◽  
Rebecca Sewall ◽  
David Wofford
Keyword(s):  
Women Workers ◽  
Supply Chains ◽  
Women's Rights ◽  
Women’S Rights ◽  
Global Supply Chains ◽  
Work Health
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