Jaminan Hukum Hak Cuti Melahirkan dan Menyusui Bagi Pekerja Perempuan Dalam Perspektif Hukum Ketenagakerjaan Indonesia

Abstract

Female workers have fundamental rights guaranteed by the constitution to obtain special protection related to their reproductive functions, including maternity and breastfeeding leave. Article 27 paragraph (2) of the 1945 Constitution guarantees every citizen the right to work and a decent living, while Article 28H paragraph (2) provides guarantees for special treatment to obtain equal opportunities and benefits. In employment practices, many female workers still experience discrimination and do not receive optimal maternity leave rights, either due to employers' lack of understanding or weak law enforcement. This study uses a normative juridical method with statutory, conceptual, and comparative approaches to analyze legal regulations before and after the Job Creation Law, forms of legal protection, and the effectiveness of guarantees for maternity and breastfeeding leave for female workers. The research findings indicate that although Law Number 13 of 2003 and Law Number 6 of 2023 have regulated maternity leave rights for three months with full pay, implementation still faces significant obstacles. Based on legal protection theory (Philipus M. Hadjon), gender equality (Convention on the Elimination of All Forms of Discrimination Against Women), and human rights, the state is obliged to guarantee substantive protection for female workers. Strengthening labor supervision, socialization of reproductive rights, and strict sanctions against violations are needed so that legal guarantees can be effectively realized in industrial relations practices.