The Right to Employment and Protection From Unemployment: A Theoretical and Practical Review of Article 23 Paragraph 1 of The 1945 Constitution From The Perspective of Islamic Law

Abstract

This study aims to examine the normative dimension of the right to work and protection against unemployment as stipulated in Article 23(1) of the Universal Declaration of Human Rights (UDHR), and to explore its alignment with fundamental principles in Islamic law through the maqāṣid al-sharī‘ah approach. The right to work is not merely an economic entitlement but a manifestation of human dignity and social justice. In this context, the state bears both constitutional and moral responsibilities to ensure equitable access to decent employment and adequate protection against unemployment. Employing a normative juridical method combined with conceptual analysis, comparative legal study, and statutory review, this research investigates the interplay between the international human rights legal framework and the ethical-legal constructions within Islamic jurisprudence, which prioritize values of protection, justice, and welfare. The study further evaluates the practical implementation in Indonesia, a country characterized by legal pluralism. Findings reveal a persistent gap between normative ideals and empirical realities, particularly in developing countries facing structural challenges such as high unemployment rates, labor market segmentation, and weak labor law enforcement. In this regard, the values of ḥifẓ al-nafs (protection of life), ḥifẓ al-māl (protection of wealth), and ḥifẓ al-‘ird (protection of dignity) in maqāṣid al-sharī‘ah offer a complementary and ethically grounded legal framework to strengthen the recognition and realization of the right to work. This study contributes conceptually to the advancement of labor justice discourse rooted in legal pluralism and serves as a normative reference for the formulation of inclusive and human-centered employment policies.