ANALYSIS OF THE PROTECTION OF FEMALE MEDICAL PERSONNEL IN THE HEALTH LAW AND THE LABOR LAW

Abstract

Legal protection for female medical personnel is a crucial issue given their vital role in the health system and the unique challenges they face in a work environment often dominated by men. The increasing participation of women in the medical profession, which now represents approximately 60% of the total health workforce in Indonesia (Ministry of Health, 2023), underscores the urgency of evaluating the effectiveness of the existing legal framework in ensuring their equality, safety, and well-being. Although Law Number 36 of 2009 concerning Health Workers and Law Number 13 of 2003 concerning Manpower regulate aspects of labor protection in general, there is a significant research gap regarding the extent to which these two laws specifically and adequately protect female medical personnel from potential discrimination, harassment, and disproportionate workloads, particularly in the context of clinical practice and institutional policies. Therefore, this study aims to comprehensively analyze the legal protection provided to female medical personnel in Indonesia based on the provisions of the Health Workers Law and the Manpower Law, and to identify gaps and potential improvements in the legislative framework, based on the theoretical framework of women's protection law and the theory of gender equality in the world of work, with the hypothesis that although both laws include basic protection principles, their implementation and specificity for female medical personnel still require substantial strengthening. To achieve this objective, this study uses a normative-empirical legal research design that is descriptive-analytical, combining analysis of legislation with an understanding of field practice. The research sample consisted of 250 female medical personnel from various career levels and specializations in three major cities (Jakarta, Surabaya, Bandung), selected using stratified random sampling. Data collection was carried out through a documentary study of related regulations, the distribution of a validated structured questionnaire (Cronbach's Alpha reliability 0.85), and in-depth interviews. Data were analyzed using qualitative content analysis and descriptive statistics. The analysis shows that both laws contain basic protection articles, but protection against career discrimination and job placement is still general (career satisfaction 45%, Mean=2.8, SD=1.1), and significant gaps exist in effective sexual harassment reporting mechanisms (only 30% of respondents felt safe). Secondary analysis revealed a significant positive correlation (r=0.62, p<0.01) between perceived institutional support and well-being. An unexpected finding was the high postpartum administrative workload, which is not adequately addressed by leave. In conclusion, the legal protection provided is suboptimal, particularly regarding career discrimination, harassment, and postpartum adaptation. This study contributes theoretically to the literature on female labor law in the healthcare sector and practically recommends more specific legislative revisions and strengthening the implementation of institutional policies to create an inclusive and equitable work environment.