IMPLEMENTASI PERLINDUNGAN HUKUM BAGI ANAK SEBAGAI PEKERJA RUMAH TANGGA

SEBAYANG, RONALD (2007) IMPLEMENTASI PERLINDUNGAN HUKUM BAGI ANAK SEBAGAI PEKERJA RUMAH TANGGA. S1 thesis, UAJY.

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Abstract

The latest census conducted by the Indonesian National Institute of Statistics (Badan Pusat Statistik, BPS) in 2001 places the number of domestic child workers in Indonesia at 570,000. Domestic workers tend to start very young – when they are 12 or 13 years old. According to the Javanese or "ngenger" tradition, it is normal to send children from poorer backgrounds to wealthier members of their extended family, or to people who will commit to providing the child with a decent education and a place to live. In exchange, the child helps with household work. From the point of view of the public, domestic workers are considered members of the family and not employees. However, the hierarchical gap between domestic workers and their employers is so great that the public views their status as deeply inferior. Domestic workers are considered to be subordinate to their employer. The harsh conditions they endure are tolerated not only by the public, but by the workers themselves who have been influenced by this understanding of their position. Domestic workers are seen effectively as second-class citizens whose subordinate role excludes them from those rights enjoyed by other members of the community. In Indonesia, domestic workers are not protected by current legislation safeguarding workers rights, in particular the 2003 Manpower Act (No.13/2003, Undang-Undang tentang Kentenagakerjaan). The Act distinguishes between workers employed by businesses or social or other undertakings with officials in charge, and other workers. Domestic workers fall under the latter category but the Act only guarantees its extensive protections of workers’ rights to workers who fall into the former category. Thus the Manpower Act itself discriminates against domestic workers and leaves them without legal protection of their workers rights, such as access to the minimum wage, a 40-hour working week, and standards providing for regular breaks and holidays. All protections of key workers rights in the Manpower Act, such as the rights listed above, are specified to apply only to the employees of entrepreneurs. Therefore, domestic workers, and other workers whose manner of employment does not fall within the definition of employment by ‘entrepreneurs’, are excluded from the protections of fundamental workers rights which are extended to other workers in Indonesia. Domestic workers are consequently left without legal protections of their employment rights.

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