Hukum Islam dan Nuansa Feminisme dalam Klaster Ketenagakerjaan Undang-Undang Omnibus Law

Abstract

The problem of the existence of women in the world of employment has become a progressive issue to be discussed, both on an international scale and on a national scale in Indonesia. The rise of the feminist movement and the emergence of pioneering figures for women's emancipation also contributed to the initiation of the role of women as labors who deserve attention like male labors. This is what later became a sociological argument for Indonesia to be responsive to the issue of female labor through its legal products. Actually, this responsiveness can be seen from the issuance of Law Number 11 of 2020 which presents a new nuance in the employment cluster which was previously regulated in Law Number 13 of 2003. This study aims to elaborate on the capabilities of women as workers based on Islamic legal norms and identify the extent to which the nuances of feminism are present in the Indonesian Labor Law. The identification was carried out against Law Number 11 of 2020 which changed 31 articles, deleted 29 articles, and inserted 13 new articles from the previous Labor Law. The data in this study were collected through a literature study and then analyzed using a normative approach to Islamic law and a gender approach. The final conclusion of this research is that there is an offer of solutions in responding to issues of female labor that are developing in Indonesia.