Protection and Prevention of Sexual Violence against Women in the Workplace in Malang City from the Perspective of Maqashid Syariah

Abstract

This study aims to evaluate the implementation of the Policy on the Prevention of Sexual Violence in the workplace based on the Minister of Manpower Decree No. 88 of 2023 in Malang City, and to assess the effectiveness of this policy from the perspective of Maqashid Sharia. A qualitative research approach was employed using an empirical juridical method, combining policy document analysis with in-depth interviews involving key stakeholders, particularly from the Malang City Manpower Office. The study identifies key challenges in policy implementation, including limited awareness and understanding among workers, insufficient supervisory resources, and suboptimal mechanisms for reporting and handling cases. The Maqashid Sharia analysis reinforces the urgency of comprehensive protection of life (hifzh al-nafs), dignity (hifzh al-'ird), and well-being (hifzh al-mal) of workers as the core objectives of the policy. Although the regulation addresses legal and procedural aspects, the holistic application of maqashid values still requires improvement to ensure the policy's effective and sustainable implementation within Indonesia's socio-cultural context. This study offers strategic recommendations emphasizing enhanced education and training for both workers and employers, strengthening monitoring systems, and adapting the policy to be more responsive to local needs and Sharia principles. The research makes a significant contribution to filling the academic gap in the application of Maqashid Sharia in labor law and proposes concrete, applicable solutions for policymakers in Indonesia.