印度尼西亚女工的法律政策:当代伊斯兰法述评

Abdul Rahim Hakimi, Citra Widyasari S, Mukarramah Mukarramah, Rahma Pramudya Nawang Sari
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引用次数: 0

摘要

印度尼西亚政府颁布了关于创造就业机会的 2022 年第 2 号代法条例(Perppu),对条例的若干 内容进行了修订。该条例颁布后,人们将注意力集中在法律对妇女保护的规定上。因此,本研究旨在通过 siyāsah dusturiyāh 审查当代伊斯兰法,确定政府关于创造就业岗位的条例对女工福利的影响。这项分析是通过图书馆研究进行的,使用的数据来源是从与创造就业相关的政府以法代规相关的文献中获取的。结果表明,在当代伊斯兰法律研究中,"siyāsah dusturiyāh "的概念强调制定政策,以实现通过伊斯兰教法衡量的利益。根据 Perppu 的说法,每个公民都能获得就业,并在劳资关系中获得公平、有尊严的补偿和待遇,包括对女工的保护。然而,有几个方面与目标不符,对女工产生了负面影响。其中包括低工资的威胁、外包制度的扩大以及不再存在的长假义务。在这种情况下,Perpu 与造福女工的宗旨不符。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal Policy for Women Workers in Indonesia: A Review of Contemporary Islamic Law
The Indonesian government issued Regulation in Lieu of Law (Perppu) Number 2 Year 2022 on Job Creation by amending several contents of the regulation. After the issuance of the regulation, attention has been focused on the regulation of the protection of women in law. Therefore, this study aimed to determine the effect of Government Regulation on Job Creation regarding the welfare of women workers in the review of contemporary Islamic law through siyāsah dusturiyāh. The analysis was conducted through library study, using data sources acquired from the literature pertaining to the Government Regulation in Lieu of Law on Job Creation. The results showed that in contemporary Islamic legal study, the concept of siyāsah dusturiyāh emphasized policy formation to achieve benefits measured through Maqasid Shari'ah. According to Perppu, every citizen was able to secure employment and receive fair as well as dignified compensation and treatment in labor relations, including the protection of women workers. However, several aspects did not work in accordance with the objectives and had a negative impact on women workers. These included the threat of low wages, the expansion of the outsourcing system, and the obligation of prolonged leave, which no longer persisted. In this context, Perpu was not consistent with the purpose of the benefit of women workers.
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