KESADARAN HUKUM PENGGUNA PEKERJA RUMAH TANGGA TERKAIT KEWAJIBAN UNTUK MENGIKUTSERTAKAN PEKERJA RUMAH TANGGA DALAM PROGRAM JAMINAN SOSIAL DI KABUPATEN SIDOARJO

Abstract

This study examines the weak social security protection afforded to domestic workers in Sidoarjo Regency, despite the normative obligation of employers or users to enroll them in social security programs under Minister of Manpower Regulation No. 2 of 2015 and Law No. 24 of 2011 on BPJS. This issue became more urgent after a 2023 case involving the death of a domestic worker in Sidoarjo highlighted the gap between legal norms and their implementation in practice. The research aims to analyze the level of legal awareness among employers regarding this obligation and to identify the obstacles affecting such awareness. Using an empirical socio-legal method with a qualitative approach, the study collected primary data through interviews and observations involving domestic workers and their employers, supported by relevant laws, regulations, and literature. The findings show that employers’ legal awareness remains low, especially regarding the legal basis and registration procedures for social security. Employment relationships are generally based on oral agreements without written contracts, creating uncertainty about rights and obligations, including social security. The main obstacles include limited legal knowledge, inadequate outreach, and weak oversight, resulting in uneven compliance with the obligation to enroll domestic workers in social security programs in practice today.