ANALISIS YURIDIS PERJANJIAN KERJA LPPRT DENGAN PRT SUMARTI BERDASARKAN PERMENAKER NOMOR 2 TAHUN 2015

Abstract

This study examines the phenomenon of wage deductions for Domestic Workers (DW) by Domestic Worker Placement Agencies (LPPRT) as service and training fees. The case study of Sumarti’s employment contract reveals a clause imposing agency fees on the worker, which explicitly contradicts Article 18 of the Regulation of the Minister of Manpower (Permenaker) Number 2 of 2015 concerning the Protection of Domestic Workers. The regulation stipulates that agencies are prohibited from collecting fees from workers; instead, such costs must be borne by the employer (client). The research employs a normative legal method with a statutory approach and a conceptual approach. Data were analyzed qualitatively through legal interpretation of key norms to draw deductive conclusions. The results indicate that Permenaker Number 2 of 2015 possesses a substantial weakness, as it lacks explicit sanctions for agencies that violate the fee collection prohibition. This legal uncertainty leads to exploitation through employment contracts that undermine the bargaining position of domestic workers. Under civil law, such deduction clauses are potentially void ab initio (null and void) based on Article 1320 of the Indonesian Civil Code, as they fail the objective requirement of a "lawful cause" (violating public order and protective intent). The study concludes that this legal vacuum is exploited through private agreements, highlighting the urgent need for comprehensive regulation through the enactment of the Domestic Worker Protection Bill to ensure legal certainty, justice, and the protection of workers' rights against exploitative agency practices.