Problematika Perlindungan Hukum Terhadap Hak Atas Pekerjaan Bagi Kelompok Lesbian, Gay, Biseksual Dan Transgender (LGBT) Di Indonesia

WOHON, Ernesta Uba and SAMARA, Finsensius (2024) Problematika Perlindungan Hukum Terhadap Hak Atas Pekerjaan Bagi Kelompok Lesbian, Gay, Biseksual Dan Transgender (LGBT) Di Indonesia. Problematika Perlindungan Hukum Terhadap Hak Atas Pekerjaan Bagi Kelompok Lesbian, Gay, Biseksual Dan Transgender (LGBT) Di Indonesia, 6 (3). pp. 53-77. ISSN -

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Abstract

LGBT groups are a minority group that is vulnerable to discrimination in obtaining employment rights. In Articles 5 and 6 of Law no. 13 of 2003 concerning Employment, but this article briefly regulates nondiscriminatory behavior towards anyone, in reality there are still discriminatory practices regarding employment rights for LGBT groups. Thus,the issues raised are how to legally protect the right to work for LGBT groups in Indonesia and how to legally protect the right to work for LGBT groups in Indonesia. The aim of the research is to determine the problems and legal protection efforts for the right to work for LGBT groups in Indonesia. The type of research used in this research is empirical juridical research. The methods used are library studies for secondary data and interviews for primary data. The approach used is a statutory and analytical descriptive approach. The problem with legal protection of the right to work for LGBT groups is that non-discrimination against LGBT groups is not stated clearly and definitively in the Employment Law and the existence of discriminatory regulations in every region. Efforts can be made to eliminate negative stigma against LGBT groups by repealing or revise discriminatory regulations, clearly and definitively include non-discrimination against LGBT groups in the Employment Law and ratify ILO Convention 190 concerning the Elimination of Violence and Harassment in the world of work. Suggestions to the Ministry of Manpower can formulate guidelines for employers to develop nondiscriminatory work requirements based on the identity of LGBT groups, provide regular education and job training for LGBT groups according to their talents and interests, and provide job education and training for employers and co-workers not to acts discriminatory towards colleagues with LGBT group identities.

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