The Omnibus Law's Conception on the Protection of Female Employee A Study in Indonesian smes

10.2478/bjlp-2023-00000213

Abstract

The purpose of writing this article is to analyze the omnibuslaw Conception on the Protection of Female Employees in Indonesian SMEs. The research method is a qualitative method. This type of research is analytical descriptive in nature, namely describing every statutory regulation relating to legal theory as an object of research. by providing studies or studies of various kinds of current issues based on actual facts. The data sources required in this paper are secondary data sources consisting of primary legal materials, secondary legal materials and tertiary legal materials. The primary legal materials used are the regulations that are the object of research, namely the omnibus law, the Labor Law and other written regulations. The secondary legal materials used are books and scientific papers 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 Omnibus Law, in the employment cluster, has created uncertainty and narrowed the participation of women workers in the world of work. Where are the rights contained in the Labor Law in accordance with Articles 81, 82 and Article 83 which regulate that female workers or laborers can get holidays during their menstrual days The first and second terms are not included in the draft Job Creation Law (UU CK) which clearly regulates binding mechanisms and laws regarding the rights to leave for menstruation, childbirth and breastfeeding for women workers. Under these conditions new problems will emerge, such as the high rate of stunting (malnutrition) that will occur, due to a mother prioritizing her work rather than paying attention to the nutritional intake of her baby.