PERWUJUDAN KESETARAAN GENDER TERHADAP PEKERJA PEREMPUAN PERSPEKTIF HAK ASASI MANUSIA YANG BERKEADILAN

ABSTRACT

Gender equality for female workers is extremely difficult to achieve in the absence of awareness regarding the importance of gender equality in realizing the fulfillment of just human rights. Therefore, this study aims to analyze gender equality for female workers from the perspective of equitable human rights. This research uses a normative juridical approach. The conclusion of the study is that gender equality for female workers in Indonesia has not yet been realized. This is evidenced by the disparity in the number and wages of female workers, the high incidence of violence against female workers, the disproportionate number of layoffs affecting female workers, and the existence of beauty standards imposed on female workers during the recruitment process. From a human rights perspective, gender inequality experienced by female workers in Indonesia contradicts Articles 38 and 49 of Law Number 39 of 1999 of the Republic of Indonesia concerning Human Rights. Such inequality also conflicts with the concept of distributive justice, which demands that every party receive their rights proportionally-meaning the state must provide its citizens with what they are entitled to, such as protection and a sense of security, and emphasize the realization of the principle of equality in employment. Furthermore, the disparities in the number and wages between male and female workers, the high rate of violence against female workers, the vulnerability of female workers to termination, and the discriminatory requirement for physical attractiveness among female employees all contradict two principles of justice: the principle of equal liberty and the principle of fair equality of opportunity and social and economic equality.