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IJSTR >> Volume 8 - Issue 8, August 2019 Edition



International Journal of Scientific & Technology Research  
International Journal of Scientific & Technology Research

Website: http://www.ijstr.org

ISSN 2277-8616



Protection Of Indonesian Domestic Workers: A Study Of Law No. 13 Of 2003 Concerning Labor

[Full Text]

 

AUTHOR(S)

Adnan Hamid

 

KEYWORDS

legal protection, domestic workers, labor law

 

ABSTRACT

The existence of domestic helpers or commonly referred to as household assistants or also known as domestic workers is increasingly needed at this time. However, the increasing need for domestic workers is not followed by the policy of providing protection for domestic workers themselves. Even the existence of domestic workers tends to be underestimated and even leads to forms of exploitation. The number of cases affecting domestic workers shows that protection for domestic workers can no longer be postponed. Meanwhile in Indonesia the existence of Law No. 13 of 2003 concerning Labor is considered still not providing protection to domestic workers itself because the relationship between domestic workers and employers is not a work relationship as referred to in the Act. The employment relationship referred to in the Manpower Act is the relationship between employers and workers, while the Entrepreneur referred to in the Act is the person who runs the company. Therefore the employer in the household sector that makes a work agreement to do work with domestic workers cannot be categorized as an entrepreneur. Because the relationship between domestic workers and employers, does not include employment relations as regulated in the Manpower Act. The policies that regulate the protection of domestic workers are outlined in the Minister of Manpower Regulation (Permenker). Permanaker, which regulates the protection of domestic workers, is felt to be not good enough because in terms of legislation the position is weak, while in terms of material protection provided it seems only exists and has not specifically provided protection for domestic workers. On the other hand, the draft protection law for domestic workers that has been prepared since 2004, has not yet been discussed in the National Legislation Program. Therefore, it is time for the government as an Executive institution together with the DPR as a Legislative institution to be encouraged to truly realize the draft law on the protection of domestic workers into law.

 

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