ISSN Print: x-x ISSN Online: x-x Kantor Editor: Kampus Unesa 5 Magetan Jl.
Maospati - Bar.
No.
Kleco.
Maospati.
Kec.
Maospati.
Kabupaten Magetan.
Jawa Timur 63392 Indonesia Telp.
: 6281328527557
E-Mail: lexfavorreo@unesa.
Website: https://journal.
id/index.
php/lexfavorreo/index Protecting Domestic Workers: The Urgency of Legal Reform Article Abstract Author Muhammad Zulfikar Zulkarnaen Purnawan1.
Hanif Fakhri Resyandi2.
Wahyu Aldo Adiwidya3.
Kemal Rafli Bahtiar4.
Ridwan Ari Setiaji5.
Rajendra Ramadhana6.
Diva Mulkia Syihab7 Faculty of PSDKU.
State University of Surabaya.
Magetan.
Indonesia 7 LPK Yukimaga Abadi.
Tekkin Seko.
Japan Co-Author:
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 stateAos 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.
*Email:
241111764105@mhs.
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 AufamilyAy rather than workers.
Data:
Received: Mei 10, 2025.
Accepted: Jun 10, 2025.
Published: Jun 10, 2025 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.
DOI:
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.
DOI -
Keywords: Domestic workers.
Legal protection.
Gender-based violence.
Labor law Policy reform.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform
INTRODUCTION
Beneath the apparent order of domestic life lies the often-overlooked labor of domestic workers, who play an essential role in sustaining household continuity and stability1.
Domestic workers perform a broad spectrum of essential household tasks, including cleaning, cooking, and providing care for children and the elderly.
In urban settings, their contributions are particularly critical, as they support dual-income family structures and facilitate overall household economic Despite the essential nature of their work, domestic workers in Indonesia continue to occupy a marginalized and legally vulnerable position within both the social and legal The majority of domestic workers in Indonesia come from economically disadvantaged backgrounds, often possessing limited education and minimal awareness of their legal rights.
a result, they frequently work without formal employment contracts, are denied minimum wage protections, lack standardized working hours, and remain excluded from social security A significant number of domestic workers remain unaware of the legal mechanisms available for reporting grievances or asserting their rights5.
Alarmingly, many domestic workers fall victim to various forms of domestic violence including physical, psychological, and sexual abuse within the households where they are employed.
Data from the Ministry of WomenAos Empowerment and Child Protection .
indicate that 80.
2% of domestic violence victims are women, with domestic workers comprising a significant proportion of this group 6 .
Commissioner Satyawanti Mashudi has highlighted the deteriorating conditions faced by domestic workers in relation to violence.
According to the National Household Advocacy Network (JALA PRT), 2,641 cases of violence against domestic workers were reported between Masitah Pohan.
AuLegal Protection of Household Assistants Under Labor Law in IndonesiaAy 1, no.
: 4Ae6.
Herien Puspitawati et al.
AuFamily Well-Being of Single and Dual Earner Families in Indonesia during COVID-19,Ay Journal of Infrastructure.
Policy and Development 8, no.
: 1Ae22, https://doi.
org/10.
24294/jipd.
Muhammad Yafi Azhari and Abdul Halim.
AuHak-Hak Pekerja Rumah Tangga Dan Perlindungan Hukum Di Indonesia,Ay Media Iuris 4, no.
: 173, https://doi.
org/10.
20473/mi.
Nafiatul Fatikah et al.
AuPemenuhan Hak-Hak Asisten Rumah Tangga Dalam Perwujudan Perlindungan Hukum Ketenagakerjaan Di Indonesia,Ay Jurnal Hukum Dan Kewarganegaraan 4, no.
Fatriani Fenny Khalida Diyah.
AuPERLINDUNGAN HUKUM ASISTEN RUMAH TANGGA : STUDI KETERBATASAN DALAM UNDANG-UNDANG KETENAGAKERJAANAy 5 .
: 498Ae509.
Alevia Faza et al Al.
AuKORBAN KEKERASAN DALAM RUMAH TANGGA ( PUTUSAN NO 31 / PID .
SUS / 2021 / PN
MNA ) Criminal Protection Of Victims Of Domestic Violence ( Decision,Ay Jurnal Reformasi Hukum Trisakti 7, no.
: 445Ae56.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform 2018 and 2023.
Additionally.
JALA PRT recorded a total of 3,308 cases from 2021 to February 2024, indicating a rising trend in such incidents7.
In response to the persistent legal vacuum surrounding domestic workers, the Indonesian government introduced the Draft Law on the Protection of Domestic Workers (Rancangan Undang-Undang Perlindungan Pekerja Rumah Tangga / RUU PPRT) as a long-overdue initiative aimed at providing legal certainty and justice.
The bill addresses critical labor rights, including entitlement to a minimum wage, access to social protection, and safeguards against exploitation and violence.
However, despite being proposed over a decade ago, the bill remains unratifiedAi reflecting systemic inertia and a lack of political will to protect one of the most vulnerable segments of the labor force8.
From the perspective of criminal law and human rights, the state bears an inherent obligation to guarantee equal protection for all citizens without discrimination.
In cases of domestic violence, victim protection must extend beyond the mere prosecution of perpetrators.
it should encompass comprehensive recovery mechanisms, long-term safety assurances, and access to equitable justice.
A pertinent example is reflected in Decision No.
131/Pid.
Sus/2021/PN.
JPA, in which a domestic worker who endured repeated physical abuse by her employer who was also her husband encountered significant legal obstacles in obtaining timely and impartial justice9.
This research emerges from a critical reflection on the precarious conditions faced by domestic workers (ART.
in Indonesia, particularly those subjected to violence by their The protracted delay in the ratification of the Draft Law on the Protection of Domestic Workers (RUU PPRT) has further deepened the existing gap in legal protection.
Accordingly, this study aims to assess the extent to which the current regulatory framework ensures justice for domestic workers who are victims of violence, and to identify the key factors underlying the legislative stagnation of the PPRT Bill.
Constitutionally.
Article 27 paragraph .
of the 1945 Constitution affirms the right of every citizen to obtain decent work and a livelihood10.
However.
Trias Palupi Kurnianingrum and Riza Asyari Yamin.
AuUrgensi Perlindungan Terhadap Pekerja Rumah Tangga,Ay Jurnal Info Singkat XVI, no.
Riza Panjaitan and Syofiaty Lubis.
AuJuridical Analysis of the Draft Law on Protection and Legal Certainty (RUU PPRT) For Female Domestic Helpers in Medan,Ay Indonesian Interdisciplinary Journal of Sharia Economics (IIJSE) 6, 3 .
: 1932Ae46.
Hidayat Tubagus.
AuANALISIS YURIDIS PUTUSAN MAJELIS HAKIM TERHADAP PELAKU TINDAK PIDANA KEKERASAN FISIK DALAM LINGKUP RUMAH TANGGA (Studi Kasus Putusan Nomor: 131/Pid.
Sus/2021/PN.
JPA)Ay 5 .
: 1Ae14, https://w.
gov/books/NBK558907/.
Presiden Republik Indonesia.
AuPerubahan Keempat Undang Dasar Negara Republik Indonesia Tahun 1945,Ay no.
: 1Ae6, https://jdih.
id/legal-product/uud1945-perubahan-keempat/detail.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform Law No.
13 of 2003 on Manpower does not explicitly recognize domestic workers as part of the formal labor sector, thereby excluding them from the legal protections granted to other categories of workers 11.
Ironically, the working relationship between ARTs and their employers satisfies the definition of employmentAicomprising elements of work, remuneration, and subordinationAi outlined in Article 1 point 15 of the same law.
In contrast.
Law No.
23 of 2004 on the Elimination of Domestic Violence includes domestic workers within the definition of a household member (Article 2 paragraph .
, thereby entitling them to legal protection.
Nonetheless, the law's practical implementation remains weak, largely due to domestic workersAo limited legal literacy and the presence of systemic barriers to accessing justice.
Their exclusion from the formal labor category under the Manpower Law significantly undermines their legal security.
Furthermore, the ineffectiveness of Ministerial Regulation No.
2 of 2015 has also been criticized, reinforcing the urgency of ratifying the Draft Law on the Protection of Domestic Workers (RUU PPRT) as a comprehensive and enforceable legal framework12.
In her previous research highlights the alarming prevalence of violence against domestic workers, drawing on data from JALA PRT to demonstrate the systemic nature of such abuse.
Her findings underscore the inadequacy of the existing regulatory framework and the pressing need for state intervention to ensure the protection of domestic workersAo fundamental rights, particularly in cases involving violence13.
In a similar vein, other studies employing case study analyses on legal protection for victims of domestic violence have concluded that, while a regulatory framework is in place, its implementation remains problematicAiparticularly for domestic workers, who often face substantial procedural barriers in accessing justice14.
Previous studies have predominantly centered on either normative analyses of legal deficiencies or the documentation of violence against domestic workers.
This research offers a distinct contribution by integrating a critical evaluation of the effectiveness of existing legal frameworks with an examination of the socio-political dynamics that hinder the enactment of the Draft Law on the Protection of Domestic Workers (RUU PPRT).
By addressing both issues of Presiden Republik Indonesia.
AuUndang-Undang Nomor 13 Tahun 2003,Ay Zitteliana 19, no.
: 159Ae70.
Fatikah et al.
AuPemenuhan Hak-Hak Asisten Rumah Tangga Dalam Perwujudan Perlindungan Hukum Ketenagakerjaan Di Indonesia.
Ay Fatikah et al.
Al.
AuKORBAN KEKERASAN DALAM RUMAH TANGGA ( PUTUSAN NO 31 / PID .
SUS / 2021 / PN MNA ) Criminal Protection Of Victims Of Domestic Violence ( Decision.
Ay Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform legal implementation and policy stagnation, this study fills a critical gap in the literature and provides a strategic foundation for advocating substantive legal reform.
In summary, the significance of this study lies in its dual focus: identifying the systemic barriers to justice faced by domestic workers who are victims of violence, and uncovering the underlying causes behind the prolonged delay in the ratification of the RUU PPRT.
This approach not only seeks to expand scholarly discourse on domestic labor and legal protection in Indonesia but also aims to inform policymakers of actionable measures to uphold the rights and dignity of domestic workers.
RESEARCH METHODS
This study employs a normative legal research method, which is based on the examination of prevailing positive legal norms, including statutory regulations, legal doctrines, general legal principles, and relevant judicial decisions.
The research utilizes a statute approach and a conceptual approach to analyze the regulatory shortcomings and highlight the urgency of legal protection for domestic workers (ART), particularly those who have experienced violence within the domestic work environment.
The legal materials used in this study consist of primary legal sources, such as the 1945 Constitution of the Republic of Indonesia.
Law No.
13 of 2003 on Manpower.
Law No.
23 of 2004 on the Elimination of Domestic Violence, and the Draft Law on the Protection of Domestic Workers (RUU PPRT).
Secondary legal materials are drawn from academic literature, legal journals, previous research findings, and the opinions of legal scholars.
Tertiary legal materials include legal dictionaries, encyclopedias, and legal indexes.
The data collection technique involves library research, conducted through the examination of legal documents and other relevant written sources.
The legal materials are analyzed using qualitative methods, with systematic interpretation and assessment of legal norms to answer the research questions.
Conclusions are drawn logically and argumentatively, grounded in applicable legal principles.
Through this methodology, the study seeks to identify regulatory gaps and develop normative arguments for the establishment of robust legal protections for domestic workers, particularly in addressing violence-related cases Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform
ANALYSIS AND DISCUSSION
ARE CURRENT REGULATIONS CAPABLE OF GUARANTEEING JUSTICE FOR
DOMESTIC WORKERS WHO ARE VICTIMS OF VIOLENCE BY EMPLOYERS?
Normatively, the existing legal framework has not been fully effective in ensuring justice for domestic workers who are victims of employer-perpetrated violence 15.
A review of existing literature consistently highlights that domestic workers constitute a vulnerable group that has yet to receive adequate legal protection, primarily due to the absence of substantive legal provisions and the weak implementation of relevant policies16.
Aritonang argues that although Article 2 paragraph .
letter c of Law No.
23 of 2004 on the Elimination of Domestic Violence recognizes domestic workers as members of the household entitled to legal protection, the enforcement of this provision remains problematic in practice.
This is exemplified by Decision No.
791/Pid.
B/2015/PN.
Mdn, in which systematic violence was perpetrated by all members of the employerAos family against the domestic worker 17.
The private nature of the household often poses significant obstacles to effective law enforcement.
Domestic workers are frequently subjected to physical and psychological abuse, and in some cases, even become victims of human trafficking within these closed and inaccessible domestic In the case study of Decision No.
255/Pid.
Sus/2023/PN Jkt.
Sel, although the court imposed criminal sanctions on the employers who abused domestic workers, this study highlights the underlying structural inequalities and the ambiguous legal status of domestic workers within the criminal justice system19.
Domestic workers occupy a subordinate position due to their economic dependence and the absence of formal employment contracts.
The Manpower Law does not recognize domestic workers as part of the formal labor sector, while the Domestic Violence Law lacks sufficient clarity in addressing their status within the context of employment relationships20.
Triana Sofiani et al.
AuPolicy of Legal Protection Formulation for Domestic Workers in Indonesia Based on Constitutional Rights,Ay Journal of Law.
Policy and Globalization 28 .
: 30Ae39.
Azhari and Halim.
AuHak-Hak Pekerja Rumah Tangga Dan Perlindungan Hukum Di Indonesia.
Ay Johanes M.
Aritonang and Triono Eddy.
AuPerlindungan Hukum Terhadap Asisten Rumah Tangga Dalam Tindak Pidana Kekerasan Dalam Rumah Tangga (Analisis Putusan Nomor:791/Pid.
B/2015/Pn.
Md.
,Ay Jurnal Doktrin Review 01, no.
: 106Ae16.
Kosma Kaju Gae.
Joko Sriwidodo, and Edis Saputra Hasibuan.
AuPemanfaatan Perkembangan Teknologi Informasi Perdagangan Perempuan Dan Anak Untuk Eksploitasi Seksual TransnasionalAy 6, no.
: 90Ae108.
Sakka Pati.
AuLegal Protection for Domestic Workers: The Experience of Indonesia,Ay Hasanuddin Law Review 5, 3 .
: 311Ae20, https://doi.
org/10.
20956/halrev.
Azhari and Halim.
AuHak-Hak Pekerja Rumah Tangga Dan Perlindungan Hukum Di Indonesia.
Ay Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform This has resulted in a legal gap that obstructs the realization of justice for victims.
Previous studies have indicated that, normatively.
Law No.
13 of 2003 on Manpower and Law No.
11 of 2020 on Job Creation do not explicitly recognize domestic workers as part of the formal This legal exclusion directly impacts the denial of fundamental labor rights for domestic workers, including access to social security, regulated working hours, and minimum wage protections.
Additional barriers include the cultural norm of 'family harmony,' which hinders law enforcement efforts, as well as the social stigma that discourages domestic workers from reporting violations 22.
To date, the prevailing legal framework in Indonesia has not been able to provide comprehensive and equitable legal protection for domestic workers, particularly with regard to safeguarding them from violence and exploitation 23 .
Domestic workers are not explicitly recognized under Law No.
13 of 2003 on Manpower, as highlighted in previous studies published in various academic journals.
This legal vacuum has created a significant gap that exposes domestic workers to widespread human rights violations, including physical and psychological abuse, excessively long working hours without clear limitations, substandard wages, and restricted access to social security and other fundamental labor rights24.
The regulations currently available, such as the Regulation of the Minister of Manpower Number 2 of 2015, do not yet have adequate legal force because they are administrative in nature and do not have direct binding power on individual employers.
This makes it difficult for law enforcement officers to take action when ART become victims of violations.
Not only are regulations weak, but there are also structural barriers to accessing justice.
In an article written on preveous researches it is stated that many household workers, especially women, who experience violence do not report their cases for various reasons among fear of losing their jobs, not understanding legal procedures, to feeling Ika Hernawati Nurhevi et al.
AuPERLINDUNGAN HUKUM TERHADAP KASUS PENGANIAYAAN ART OLEH MAJIKAN Kajian Putusan Pengadilan Nomor : Konteks Perlindungan Tenaga Kerja Yang Mencakup ART ( Nasution , 2023 ).
Hukum Bagi ART Adalah Kurangnya Aturan Spesifik Yang Mengatur Hubungan Kerja Memberikan Sanksi Yang Memadai Bagi Pelaku ( Halim , 2021 ).
Regulasi Yang Tegas Dan Mencakup Ketentuan Perlindungan Dari Kekerasan Atau Penganiayaan ,Ay 4, no.
: 98Ae108.
Astri Maharani.
Sartika Puspa, and Yusuf Taufiqurahman.
AuPerlindungan Hukum Terhadap Asisten Rumah Tangga ( ART ) Yang Mengalami Kekerasan Ditinjau Dari Hukum Ketenagakerjaan Astri Maharani Sartika Puspa Sekar Arum Yusuf Taufiqurahman,Ay no.
Bunyamin Alamsyah.
Pekerja Rumah Tangga, and Nikah Siri.
AuPERLINDUNGAN HUKUM TANGGA MENURUT PERATURAN MENTERIAy IX .
: 113Ae42.
I Dewa Made Rasta.
AuKorban Kekerasan Pembantu Rumah Tangga Di Desa Buruan Kecamatan Blahbatuh Kabupaten Gianyar,Ay Jurnal Yustisia 13, no.
: 1Ae9, https://w.
id/index.
php/yustitia/article/view/266.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform that the legal system is not on their side or unable to provide real protection25.
This situation illustrates that the injustice experienced by domestic workers is not solely the result of the absence of a robust legal framework, but also stems from the weakness of support systemsAiboth institutional and societalAithat should serve to protect domestic workers as a vulnerable group.
Moreover, the continued failure to ratify the Draft Law on the Protection of Domestic Workers (RUU PPRT) serves as clear evidence that the protection of domestic workers remains a low priority within the national legislative agenda.
Findings from previous studies indicate that several factors have contributed to the legislative stagnation surrounding the Draft Law on the Protection of Domestic Workers.
Foremost among these is the persistent classification of domestic work as part of the informal sector, which perpetuates the erroneous perception that the relationship between domestic workers and their employers is familial in nature, rather than a formal employment relationship governed by labor law 26 .
Because domestic workers are employed within the private sphereAinamely, the householdAimany stakeholders perceive that this sector does not require regulation through formal labor laws, as is the case in other employment sectors.
This cultural perspective fosters resistance to state legal intervention in domestic spaces.
Secondly, the lack of awareness and political will among policymakers has also hindered the legislative progress of the Draft Law on the Protection of Domestic Workers (RUU PPRT).
Although the bill has been submitted since the early 2000s, it has never been prioritized by the House of Representatives (DPR), as it is considered politically unpopular and lacking in electoral Many legislators are reluctant to advance this issue, as it does not generate significant political capital or public attention 27 .
Third, the lack of pressure from civil society further exacerbates the situation.
Advocacy efforts for the protection of domestic workers remain limited to specific interest groups and have yet to evolve into a national movement capable of exerting meaningful public pressure on the legislature to pass the bill.
This stands in stark contrast to other policy issues that receive swift legislative responses due to heightened public attention.
Maharani.
Puspa, and Taufiqurahman.
AuPerlindungan Hukum Terhadap Asisten Rumah Tangga ( ART ) Yang Mengalami Kekerasan Ditinjau Dari Hukum Ketenagakerjaan Astri Maharani Sartika Puspa Sekar Arum Yusuf Taufiqurahman.
Ay MUHAMMAD AKBAR SANJAYA.
AuPERLINDUNGAN HUKUM PEKERJA RUMAH TANGGA DALAM SISTEM KETENAGAKERJAAN DI INDONESIA,Ay 2016, 1Ae23.
Alan M.
Dunn et al.
AuCloaking Malware with the Trusted Platform Module,Ay Proceedings of the 20th USENIX Security Symposium, 2011.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform Finally, the reliance on local regulations has resulted in disparities in the protection of domestic workers across regions.
While some local governments have enacted regional regulations (Perd.
recognizing the rights of domestic workers, the absence of a unified national legal framework has produced structural inequality at the national level.
Domestic workers in regions with strong legal protections benefit from more secure conditions, while those in areas lacking such policies remain vulnerable.
This disparity underscores the urgent need for the state to enact comprehensive national legislation to ensure uniform and equitable protection for domestic workers throughout Indonesia28.
Therefore, in the absence of a robust and enforceable national legal framework, the fate of millions of domestic workers in Indonesia will remain marked by uncertainty, vulnerability, and systemic injustice sustained by structural neglect.
study conducted by the Kencana Foundation underscores that Minister of Manpower Regulation No.
2 of 2015 concerning the Protection of Domestic Workers has not been effectively Due to limited education and the lack of regulatory dissemination, many domestic workers remain unaware of the regulationAos provisions.
Consequently, violations related to excessive working hours, substandard wages, and acts of violence continue to occur.
Moreover, the employment contractAiwhich should serve as the legal foundation for the working relationshipAiis rarely formalized29.
Nirmalah highlights that although the Job Creation Law defines workers as individuals who receive wages, it contains no explicit provisions concerning domestic workers.
As a result, domestic workers are excluded from access to industrial relations mechanisms, including labor courts, and are not afforded protections against unfair dismissal, inadequate wages, or other forms of unjust treatment.
The law is effectively limited to formal sector workers, despite the constitutional guarantees enshrined in Articles 27 and 28D of the 1945 Constitution, which affirm the right of every citizen to employment and to equal treatment before the law30.
WHAT FACTORS CONTRIBUTE TO THE DELAY IN THE RATIFICATION OF
THE DOMESTIC WORKER PROTECTION BILL?
The assumption that inclusion within the household implies familial bonds obscures the structural power asymmetries inherent in employerAeemployee relationships and legitimizes the Presiden Republik Indonesia.
AuPerubahan Keempat Undang Dasar Negara Republik Indonesia Tahun 1945.
Ay Sonhaji Sonhaji.
AuPerlindungan Pekerja Rumah Tangga Dalam Sistem Hukum Nasional,Ay Administrative Law and Governance Journal 3, no.
: 250Ae59, https://doi.
org/10.
14710/alj.
Nirmalah Nirmalah.
AuPerlindungan Hukum Terhadap Asisten Rumah Tangga Ditinjau Dari Undang-Undang Cipta Kerja,Ay Sol Justicia 4, no.
: 194Ae204, https://doi.
org/10.
54816/sj.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform denial of fair compensation, regulated working hours, and basic labor protections.
Rather than safeguarding domestic workers, the Aofamily-likeAo narrative serves to justify their exclusion from fundamental employment rights under the pretense of intimacy and domestic unity.
This framing not only reinforces their invisibility within labor law but also imposes a dual burden: domestic workers are essential to the functioning of households, yet remain systematically denied the dignity, recognition, and protections granted to workers in other sectors31.
According to Aktivisme Journal, the lack of substantial public pressure on the legislature has contributed to the low prioritization of the Domestic Worker Protection Bill (RUU PPRT) within the national legislative agenda.
The voices of domestic workers remain fragmented and lack effective political representation, rendering them incapable of lobbying for meaningful legislative acceleration.
In Indonesia, this condition is further exacerbated by the weak unionization of domestic workers and the absence of a dedicated policy infrastructure that formally recognizes domestic work as labor deserving of rights, regulation, and social protection.
In the absence of institutional mechanisms such as explicit recognition in national labor legislation or inclusion within national wage and social security systemsAidomestic workers remain confined to a liminal space between public regulation and private arrangement.
Consequently, their vulnerabilities, which range from wage theft to physical abuse, are frequently trivialized as 'household matters' deemed beyond the scope of state intervention32.
While such concerns may reflect the practical considerations of employers, they must not be allowed to override the fundamental rights of domestic workers to decent work and legal As articulated in ILO Convention No.
189 which Indonesia has yet to ratifyAithe formalization of employment relationships through written contracts, the guarantee of minimum wages, and access to social security are essential components in ensuring equitable and humane working conditions.
The Draft Domestic Worker Protection Bill (RUU PPRT) seeks to harmonize national legal standards with this international framework by establishing key rights, including regulated working hours, mandatory rest periods, wage protections, and accessible mechanisms for dispute resolution.
33 his is reflected in the findings of Ista PranotoAos research, which observes that many employers prefer to resolve conflicts through informal means, as they Natalie Sedacca.
AuDomestic Workers , the Ao Family Worker Ao Exemption from Minimum Wage , and Gendered Devaluation of Women Ao s WorkAy 51, no.
: 771Ae801.
Sedacca.
M Rizki Yudha Prawira et al.
AuThe Urgency of Ratification Draft Bill On Protection of Indonesian Domestic Workers : A Human Rights PerspectiveAy 4, no.
: 311Ae24.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform perceive formal regulation as burdensome and potentially disruptive to existing employment Domestic workers are often unaware of their legal rights, and even law enforcement officers frequently lack understanding that domestic workers are entitled to protection under the Law on the Elimination of Domestic Violence.
This highlights the inadequacy of the existing legal infrastructure and the lack of public legal education regarding the legal status of domestic workers 35 .
The power dynamics between employers and domestic workers are highly Economic dependency discourages domestic workers from reporting abuse, even in cases of clear violence.
This structural imbalance perpetuates the legal vacuum, as the absence of sufficient grassroots mobilization hinders the formation of sustained pressure for legislative and policy reform36.
The delayed implementation of the Law on the Elimination of Domestic Violence (UU PKDRT) and the protracted legislative process of the Domestic Worker Protection Bill (RUU PPRT) are closely linked to the stateAos ongoing failure to recognize domestic work as part of the formal labor structure.
This institutional oversight reflects a deep-seated legal-cultural bias that views the domestic sphere as private and therefore beyond the legitimate scope of state regulation 37 .
Consequently, acts of violence or exploitation occurring within employersAo households are frequently perceived as 'private matters' rather than legal violations that warrant state intervention and protection.
Law enforcement agencies often lack gender sensitivity and consistently fail to apply the Law on the Elimination of Domestic Violence (UU PKDRT) to cases involving domestic workers, despite the existence of clear legal provisions.
The absence of institutional readiness including insufficient police training and the lack of accessible and Baby Ista Pranoto.
AuPerlindungan Hukum Bagi Pekerja Rumah Tangga Di Indonesia,Ay Jurnal Lex Renaissance 7, 4 .
: 745Ae62, https://doi.
org/10.
20885/jlr.
Aritonang and Eddy.
AuPerlindungan Hukum Terhadap Asisten Rumah Tangga Dalam Tindak Pidana Kekerasan Dalam Rumah Tangga (Analisis Putusan Nomor:791/Pid.
B/2015/Pn.
Md.
Ay Nurhevi et al.
AuPERLINDUNGAN HUKUM TERHADAP KASUS PENGANIAYAAN ART OLEH MAJIKAN Kajian Putusan Pengadilan Nomor : Konteks Perlindungan Tenaga Kerja Yang Mencakup ART ( Nasution , 2023 ).
Hukum Bagi ART Adalah Kurangnya Aturan Spesifik Yang Mengatur Hubungan Kerja Memberikan Sanksi Yang Memadai Bagi Pelaku ( Halim , 2021 ).
Regulasi Yang Tegas Dan Mencakup Ketentuan Perlindungan Dari Kekerasan Atau Penganiayaan ,.
Ay Fajrianto Fajrianto.
AuPerlindungan Hukum Terhadap Pekerja Rumah Tangga Dalam Perspektif Hak Konstitusional Dan Hambatan Penerapannya Di Indonesia,Ay Jurnal Al Azhar Indonesia Seri Ilmu Sosial 4, no.
: 151, https://doi.
org/10.
36722/jaiss.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform responsive complaint mechanisms further marginalizes domestic workers and obstructs their access to justice38.
Moreover, the invisibility of domestic workers in the public sphere hinders the development of collective identity and the mobilization of grassroots advocacy.
Their individualized working arrangements, confined within private households, coupled with the absence of formal organizational structures, pose significant barriers to building solidarity and advancing institutional reform.
Although civil society organizations such as JALA PRT have long advocated for legislative change, their initiatives remain fragmented and constrained by limited In the absence of a broad-based public movement or genuine political will within parliament, the concerns of domestic workers remain marginalized in the legislative agenda.
The entrenched power asymmetries both within the household and in political representation perpetuate a vicious cycle legal neglect fosters vulnerability, and vulnerability, in turn, suppresses resistance.
Accordingly, the stagnation of the Domestic Worker Protection Bill (RUU PPRT) and the weak enforcement of the Law on the Elimination of Domestic Violence (UU PKDRT) should not be viewed merely as procedural delays, but as manifestations of a deeper pattern of socio-legal exclusion40.
CONCLUSION
This study demonstrates that domestic workers in Indonesia remain structurally excluded from the protections afforded to formal workers, despite their essential role in sustaining household and economic life.
The absence of explicit recognition in Law No.
13 of 2003 on Manpower and the Job Creation Law contributes to the continued legal invisibility of domestic Although the Law on the Elimination of Domestic Violence (Law No.
23 of 2.
theoretically includes domestic workers within its scope, implementation gaps persist due to lack of institutional readiness, limited gender sensitivity among law enforcement, and the private nature of the domestic sphere.
The delay in the ratification of the Domestic Worker Protection Bill (RUU PPRT) is not merely a legislative backlog, but a reflection of deeper socio-legal exclusionAirooted in political Nurhevi et al.
AuPERLINDUNGAN HUKUM TERHADAP KASUS PENGANIAYAAN ART OLEH MAJIKAN Kajian Putusan Pengadilan Nomor : Konteks Perlindungan Tenaga Kerja Yang Mencakup ART ( Nasution , 2023 ).
Hukum Bagi ART Adalah Kurangnya Aturan Spesifik Yang Mengatur Hubungan Kerja Memberikan Sanksi Yang Memadai Bagi Pelaku ( Halim , 2021 ).
Regulasi Yang Tegas Dan Mencakup Ketentuan Perlindungan Dari Kekerasan Atau Penganiayaan ,.
Ay Maslihati Hidayati.
AuUpaya Perlindungan Pekerja Rumah Tangga Sebagai Kelompok Masyarakat Yang Termarjinalkan Di Indonesia,Ay Jurnal Al-Azhar Indonesia Seri Pranata Sosial Vol 1 No.
1, no.
: 8.
Ista Pranoto.
AuPerlindungan Hukum Bagi Pekerja Rumah Tangga Di Indonesia.
Ay Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform disinterest, cultural perceptions of domestic work as informal and "familial," and weak grassroots As a result, domestic workers face widespread violations, including underpayment, long working hours, and physical or psychological abuse, with minimal legal recourse.
Given the persistent legal and institutional exclusion of domestic workers in Indonesia, it is imperative for the government to urgently ratify the Domestic Worker Protection Bill (RUU PPRT) as a tangible commitment to fulfilling constitutional rights and international labor However, legal reform alone is insufficient.
The protection of domestic workers also requires strengthening institutional capacity through gender-sensitive training for law enforcement, the development of accessible complaint mechanisms, and the implementation of targeted legal literacy programs for both workers and employers.
Public legal education must be intensified to shift cultural perceptions that frame domestic work as merely informal and private, rather than as a legitimate form of labor.
Moreover, sustained support for civil society organizations such as JALA PRT is crucial to enable long-term advocacy and political Only through this combination of legislative action, institutional reform, and cultural transformation can domestic workers be afforded the dignity, protection, and justice they have long been denied.
Lex Favor Reo A Vol.
1 Issue 1.
June .
Protecting Domestic Workers: The Urgency of Legal Reform
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