Legal Protection for Domestic Workers: Fulfilling Rights and Strengthening Labor Regulations

Abstract

Domestic workers play a vital role in supporting household activities; however, in practice, they continue to face various issues regarding their legal status, the fulfillment of labor rights, and protection against exploitation and violence. This study aims to analyze the legal protection afforded to domestic workers and the fulfillment of their normative rights within the employment relationship, based on applicable legal provisions. The research employs a normative legal method utilizing both statutory and conceptual approaches. Legal materials were analyzed using a descriptive-qualitative method through a literature review, examining the 1945 Constitution of the Republic of Indonesia, Law Number 13 of 2003 concerning Manpower, Law Number 11 of 2020 concerning Job Creation, and the Regulation of the Minister of Manpower Number 2 of 2015 concerning the Protection of Domestic Workers. The findings indicate that domestic workers constitutionally possess the right to work and a decent standard of living, as well as the right to fair remuneration and treatment within the employment relationship. However, the regulatory framework concerning domestic workers remains fragmented, as there is currently no specific legislation at the level of an Act that comprehensively governs these employment relationships. While the Regulation of the Minister of Manpower Number 2 of 2015 establishes a basis for protection, it does not fully guarantee certainty regarding wages, working hours, rest periods, leave, social security, supervision, and dispute resolution. Therefore, strengthening specific regulations is essential to ensure legal certainty, fairness, equality, and effective protection for domestic workers.