Proceedings of the 5th International Conference on Humanities and Social Science (ICHSS 2024)

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Configuration Of Maternity Leave Policy In The Job Creation Law: Implications For Gender Equity

Authors
Teti Teti1, *, Tarmizi Tarmizi1, *, Azharuddin Azharuddin1, *
1Faculty of Law, Prima Indonesia University, Medan, Indonesia
*Corresponding author. Email: tetishmkn68@gmail.com
*Corresponding author. Email: tarmizidoktor@gmail.com
*Corresponding author. Email: azharuddinshmkn@gmail.com
Corresponding Authors
Teti Teti, Tarmizi Tarmizi, Azharuddin Azharuddin
Available Online 21 January 2025.
DOI
10.2991/978-2-38476-352-8_21How to use a DOI?
Keywords
Maternity Leave; Gender Justice; Job Creation Law; Female Workers
Abstract

This study investigates the effect of the maternity leave provisions in the Job Creation Law on gender equality in the labor market. The regulatory reforms enacted by Law No. 11 of 2020 relieves company to determine the maternity leave rights of female worker, but on the other hand, it create some challenges from implementation perspective. This study adopted a qualitative strategy and found that a substantial number of women workers face pressure to take their full leave, loss of benefits or suffer discrimination upon return to work. The outcomes further indicate that this policy did not complete justice as justice is defined as echoing equal rights and protection, particularly to female workers. An analysis from the perspective of John Rawls’ theory of justice reveals that the policy is unjust structurally, aggravating gender inequality in the workplace. When compared to other ASEAN countries, indeed Indonesia needs to improve the quality of regulations and supervision so that the rights of mothers during punishment maternity leave are really protected. Our study emphasises on policies and law enforcement to strengthen inclusive working workplace to promote gender equality.

Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 5th International Conference on Humanities and Social Science (ICHSS 2024)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 January 2025
ISBN
978-2-38476-352-8
ISSN
2352-5398
DOI
10.2991/978-2-38476-352-8_21How to use a DOI?
Copyright
© 2025 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Teti Teti
AU  - Tarmizi Tarmizi
AU  - Azharuddin Azharuddin
PY  - 2025
DA  - 2025/01/21
TI  - Configuration Of Maternity Leave Policy In The Job Creation Law: Implications For Gender Equity
BT  - Proceedings of the 5th International Conference on Humanities and Social Science (ICHSS 2024)
PB  - Atlantis Press
SP  - 246
EP  - 259
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-352-8_21
DO  - 10.2991/978-2-38476-352-8_21
ID  - Teti2025
ER  -