HAK PENYANDANG DISABILITAS UNTUK MENDAPATKAN PEKERJAAN YANG LAYAK: KAJIAN TERHADAP UNDANG-UNDANG CIPTA KERJA STUDI DI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI JAWA TIMUR

Arifah, Risma Nur and Erik Sabti, Rahmawati HAK PENYANDANG DISABILITAS UNTUK MENDAPATKAN PEKERJAAN YANG LAYAK: KAJIAN TERHADAP UNDANG-UNDANG CIPTA KERJA STUDI DI DINAS TENAGA KERJA DAN TRANSMIGRASI PROVINSI JAWA TIMUR. Research Report. UIN Maulana Malik Ibrahim Malang. (Unpublished)

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Abstract

Article 28D Paragraph (2) of the 1945 Constitution stipulates that the state must guarantee the right of every citizen to obtain employment, especially for those who experience marginalization. Although the Constitutional Court has confirmed this constitutional right through its decision No. 16/PPP-VIII/2010, its implementation towards persons with disabilities still faces obstacles. Regulations, such as the Labor Law and the Law on Persons with Disabilities, provide sufficient protection, but research shows that access based on affirmative action is often hindered.
In 2016, only around 20% of people with severe disabilities were employed, with their Labor Force Participation Rate (TPAK) falling by around 5.2% in three years. Factors such as lack of confidence, lack of supportive employment opportunities, as well as constraints in disability-friendly employment sectors play a role in this decline. The 2020 Job Creation Law is considered to weaken the rights of people with disabilities, such as in Article 172 which allows termination of employment based on disability conditions.
To improve inclusivity, special strategies are needed.The Manpower Office (Disnaker), as a policy holder, can play an important role in overseeing the fulfillment of the employment rights of persons with disabilities after the implementation of the Job Creation Law.This research aims to examine the form of legal protection and the role of the Manpower Office in optimizing the fulfillment of the rights of workers with disabilities.

Item Type: Research (Research Report)
Keywords: Disability Worker, Disnakertrans Provinsi Jawa Timur, Participation
Subjects: 18 LAW AND LEGAL STUDIES > 1801 Law > 180118 Labour Law
Divisions: Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User: Risma Nur Arifah
Date Deposited: 31 Dec 2023 08:32

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