Legal and Human Rights Review of Domestic Workers Regulation in Indonesia
M Rizki Yudha Prawira, S.H., M.H. (a), Heru Susetyo, S.H., LL.M., M.Si., Ph.D. (b)

a) Faculty of Law, University of Indonesia
Jl. Prof. Mr. Djokosoetono, Depok

b) Faculty of Law, University of Indonesia
Jl. Prof. Mr. Djokosoetono, Depok

Abstract

The situation of domestic workers in Indonesia is in a very terrible situation, even though the amount of domestic workers in Indonesia itself is very high. There are a lot of factors behind this situation and the reason why domestic workers in Indonesia high potentially discriminated against. First of all the main reason as the gate of all discrimination that happens to Indonesian domestic workers is because no regulation that regulates specifically about labour basic rights, decent work, and work safety guarantee.

The absence of no regulation that regulates the protection of domestic workers potentially makes them potentially got exploited by the employer. Sometimes the exploitation itself happened unwittingly because of the absence of regulation. The absence of human rights standards about how the domestic worker^s rights and mechanism of decent work make them very vulnerable get exploited. The form of exploitation like no work hours limit, extremely underpaid, absent of basic rights, prone to work accidents, and get no social security. Those rights are very important to the domestic workers, so its fair to says that work without employment rights fulfilled is a form of exploitation.

Then the other factor that happened because the absence of regulation about the protection of domestic workers is about the vagueness of work status. In Indonesia, still no regulation that regulates specifically about domestic workers, not even law no. 13 year 2003 on manpower because the definition of work relationship that stated is only between the businessman and the worker or employee. So because of that situation makes the domestic workers only have one option to secure their rights as a worker, which is to make an agreement or contract between them and their employer. And then the situation that makes becomes worst is so many domestic workers don^t have any clue about the basic standard of decent work, employee rights, negotiation, and how to make a work contract. That some

Keywords: Domestic Worker- Labour Rights- Human Rights

Topic: Law