A article Protecting Domestic Workers: The Urgency of Legal Reform

Abstract

Objective: This study examines the legal framework for protecting domestic workers (ART) in Indonesia, focusing on its effectiveness in addressing employer-inflicted violence and identifying legal gaps that perpetuate injustice. It also explores the legislative stagnation of the Domestic Workers Protection Bill (RUU PPRT) and the structural, cultural, and political barriers hindering its enactment.

Theoretical Framework: Grounded in social justice theory and critical legal studies, this research analyzes the legal marginalization of ART and the unequal power dynamics between workers and employers. It emphasizes the state’s constitutional duty to protect vulnerable groups within the scope of human rights and labor law.

Method: A normative juridical approach is used, supported by statutory and conceptual analysis. Primary sources include the 1945 Constitution, Law No. 13/2003 on Manpower, Law No. 23/2004 on the Elimination of Domestic Violence (UU PKDRT), and the draft RUU PPRT. Secondary sources include legal literature, prior research, and expert opinions.

Results and Discussion: The current legal framework lacks explicit recognition of domestic workers under labor laws, excluding them from basic protections such as minimum wage, working hour limits, and social security. While UU PKDRT normatively includes ART, implementation is weak due to limited legal awareness and cultural views that treat ART as “family” rather than workers.

Research Implications: The findings highlight the urgent need for RUU PPRT to be passed as a national standard to ensure fair labor rights for ART. This study supports legal and civil society efforts to advocate for structural reform, enhanced legal literacy, and accessible complaint mechanisms.

Originality/Value: This research offers a critical and integrated analysis of legal inadequacy and legislative delay. Unlike previous studies focused only on normative protection or data on violence, it combines legal critique with socio-political insight to propose comprehensive reform for domestic worker protection in Indonesia.