PERLINDUNGAN HAK CUTI BAGI KARYAWAN WANITA YANG HAMIL DAN MELAHIRKAN BERDASARKAN UNDANG UNDANG CIPTA KERJA

Abstract

Legal protection afforded to female workers during the maternity period represents a fundamental dimension of human rights enforcement and labor welfare. Despite the existence of statutory guarantees, the fulfillment of maternity leave entitlements in employment practices remains inconsistent, particularly for workers engaged under fixed-term or outsourcing arrangements. This study focuses on examining the normative construction of maternity leave protection as regulated under Law No. 11 of 2020 on Job Creation and evaluates the legal mechanisms available when employers fail to meet their maternity-related obligations. The research is conducted using a normative juridical approach grounded in statutory analysis, supported by primary, secondary, and tertiary legal materials derived from a comprehensive review of Law No. 13 of 2003 on Manpower, the Job Creation Law, and Government Regulation No. 36 of 2021 on Wages. The findings indicate that although maternity-related rights are explicitly recognized under Articles 82, 83, 84, and 153 of the Manpower Law and reaffirmed within the Job Creation framework, their realization in practice remains limited. This condition is largely influenced by inadequate regulatory supervision, low levels of legal awareness among workers, and persistent employer non-compliance. Available legal responses include non-judicial settlement mechanisms, such as bipartite negotiations, mediation, and conciliation facilitated by labor authorities, as well as judicial proceedings before the Industrial Relations Court. Accordingly, the study underscores the need for stronger state oversight, expanded access to legal assistance for female workers, and a more active role of labor unions to ensure the effective and equitable enforcement of maternity protection norms.

Keywords: Legal Protection; Female Workers; Maternity Leave Rights; Pregnancy and Childbirth; Job Creation Law.