PERLAKUAN DISKRIMINATIF TERHADAP TENAGA KERJA WANITA (PERSPEKTIF HUKUM POSITIF DAN FIKIH KETENAGAKERJAAN)

M. Khairil Basyar, NIM.: 19103060050 (2025) PERLAKUAN DISKRIMINATIF TERHADAP TENAGA KERJA WANITA (PERSPEKTIF HUKUM POSITIF DAN FIKIH KETENAGAKERJAAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The problems that are being faced by Indonesian migrant workers are divided into 3 parts, namely before working, during work and after working or returning to the area of origin. Problems experienced by workers before departure to the country where they work, problems that often arise include: being exposed to fraud from labor dealers, falsifying documents, withholding salaries, physical violence, sexsual barasment, and others. This phenomenon is narrated as Discriminative Treatment. The academic problem that arises is how positive law and Islamic law view the fact of discriminatory treatment. To answer this problem, this study analyzes how Legal Protection and Labor Jurisprudence respond to this discriminatory treatment. In particular, this study only limits to positive Law and Labor Jurisprudence. Based on the above problems, this study proposes two problem formulations. First, how discriminatory treatment of female labor. Second, how to analyze positive law and labor jurisprudence. This research is library research and uses a descriptive method of analysis and also uses a case approach as a research approach method. Furthermore, the data collection used in this study used the literature method in the form of primary data. In this study, the author uses the theory of legal protection and labor jurisprudence. The results of this study show that the elements of positive law and labor jurisprudence, the protection of women workers gets legal protection in laws and regulations, however, its implementation is often hampered by the legal jurisdiction of the country concerned. Indonesian legal jurisdiction only applies in Indonesian accreditation areas, such as the Indonesian Embassy and the Indonesian Consulate General. Some countries of destination or placement of migrant workers do not have legal systems that are friendly to foreign workers, difficult to access, and not easily known by foreigners.

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