The Role of the Omnibus Law (Job Creation Law) on The Women Workers A Case Study in Indonesian smes Sector

10.2478/bjlp-2023-00000211

Abstract

The purpose of this research is to analyze the influence of the Omnibus Law, Job Creation Law on Women Workers. The research method taken at this writing is a qualitative method. The research approach used in this paper is normative juridical which discusses doctrines or principles in the science of law. This type of research has an analytical descriptive nature, namely describing every statutory regulation related to legal theory as an object of research. by providing studies or studies on various kinds of current issues based on real facts. The data sources needed at this writing are secondary data sources, which consist of primary legal materials, secondary legal materials and tertiary legal materials. The primary legal materials used are regulations that are the object of research, namely the Job Creation Law, the Manpower Law and other written regulations. The secondary legal materials used are books and scientific writings related to the object of this research. While the secondary legal materials used consist of newspapers in electronic form and magazines in electronic form. The right to leave for female workers during menstruation, pregnancy, childbirth and breastfeeding, which were previously regulated in the Manpower Law, is apparently not included in the Omnibus Law on Job Creation. The Omnibus Law on Job Creation regulates the hourly payment of workers. This will have an impact on female workers who are on menstrual leave, childbirth and breastfeeding. For women workers who are taking their right to leave in the circumstances mentioned above, they automatically do not get wages, this is different from the previous Manpower Law policy. Legislators should review again to include the articles regarding the right to leave for menstruation, pregnancy, childbirth and miscarriage for women workers in the Omnibus Law on Job Creation and continue to pay wages to women in certain circumstances. And give strict sanctions to employers or companies that ignore the rights of their female workers. In addition, the wage policy with a no works no pay system is being reviewed specifically for the situation of female workers who are on menstrual leave, pregnancy, childbirth and breastfeeding.