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HAK KONSTITUSIONAL DAN PROBLEMATIKA KETIMPANGAN: STUDI SOSIO-LEGAL PEKERJA BINATU PEREMPUAN DI KABUPATEN BANTUL
Women workers in the micro-service sector, including small-scale laundry enterprises, occupy a strategically significant position in sustaining the everyday economic reproduction of households and local communities, yet they remain situated within conditions of legal and social vulnerability. Although the rights to work, to a decent livelihood, to fair treatment in employment relations, and to social welfare and health protection are constitutionally guaranteed under the 1945 Constitution of the Republic of Indonesia, such guarantees have not been substantively realized for women laundry workers. Their vulnerability is characterized by informalized employment relations, structural economic dependency, and the absence of state recognition of women’s lived labor experiences in the micro-service sector. Against this backdrop, this study examines the forms of inequality in the protection of constitutional rights experienced by women laundry workers in Banguntapan District, Bantul Regency, while interrogating the role of the state in the realization of constitutional justice for this group. This study adopts a socio-legal research design with a qualitative approach. Empirical data were collected through in-depth interviews with five women workers employed in small-scale laundry businesses in Banguntapan District, Bantul Regency, and were complemented by doctrinal analysis of statutory regulations, Constitutional Court decisions, and relevant labor and informal-sector policy documents. The analytical framework integrates Feminist Legal Theory to expose gendered assumptions embedded in labor law, alongside the Mubadalah perspective to assess asymmetrical employment relations among the state, employers, and workers within a constitutional justice framework. The findings indicate that women laundry workers experience systemic deficiencies in constitutional rights protection, reflected in prolonged and uncertain working hours, substandard wages, the absence of social security, inadequate occupational safety and health protection, and the neglect of women’s biological needs, including menstrual leave and adequate workplace facilities. Feminist Legal Theory reveals that labor law continues to rely on masculinized and formalized models of work, rendering women’s labor experiences in the micro-service sector legally invisible. Meanwhile, the Mubadalah perspective highlights the state’s failure to act as a balancing force in employment relations, resulting in the disproportionate transfer of labor risks and economic vulnerability onto workers. This study concludes that the unequal protection of women laundry workers’ constitutional rights constitutes a structural regulatory problem rooted in the fragmented and exclusionary design of labor law, underscoring the need for more adaptive and gender-responsive labor protection frameworks for the micro-service sector.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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