Legal Protection of the Right to Work for Workers with Mental Health Disorders: A Critical Comparative Analysis between Indonesian Labor Law and ILO Standards

Abstract

This article examines the extent to which Indonesian labor law protects the right to work for individuals with mental health disorders, and compares these protections with the standards set by the International Labour Organization (ILO). While Indonesia has ratified key international instruments such as the CRPD and ILO Convention No. 111, its domestic legal framework lacks specific, enforceable provisions regarding mental health-based discrimination, reasonable accommodation, and inclusive employment practices. Using a normative-comparative method, the study analyzes national statutes and ILO conventions, identifying gaps in legislative clarity, institutional implementation, and cultural acceptance. The ILO framework, particularly Conventions No. 159 and 111, offers detailed standards on equality of opportunity, vocational rehabilitation, and protection from indirect discrimination—areas where Indonesian law remains deficient. The article proposes harmonization strategies, including legal amendments, institutional reform, and ratification of ILO Convention No. 159. These findings contribute to the broader discourse on disability-inclusive labor law and underscore the urgent need for Indonesia to strengthen legal protections for workers with psychosocial disabilities.