Juridical Review Of Legal Protection For Domestic Workers (PRT)

Mario Borneo Tarigan
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Abstract

The existence of domestic workers or better known as domestic helpers is no stranger to the lives of Indonesian people, both in cities and in villages.The formulation of the problem in this study is: What is the Legal Position of Domestic Workers (PRT) in the Work Law in Indonesia? How are cases of domestic workers (PRT) resolved? What is the need for special arrangements for domestic workers (PRT) in the law.The method used is a normative research method which is a scientific research procedure to find the truth based on legal scientific logic from the normative side Legal Position of Domestic Workers (Prt) in Indonesian Work Law. Domestic workers are definitively recognized for their legal position as workers as referred to in Law Number 13 of 2003 concerning Manpower. According to Article 86 paragraph 1 of Law Number 13 of 2003 concerning manpower, it is stated that: “Every worker/labor has the right to obtain protection for (a) occupational safety and health, (b) morals and decency; and (c) treatment in accordance with human dignity and religious values. The consensus deliberation process is carried out between domestic workers and their employers and/or domestic service providers as the simplest step to resolve disputes. Deliberations were taken for the first time without the involvement of local government officials. However, if necessary, local government officials can serve as witnesses in the deliberations. In making decisions through deliberation to reach consensus, time is limited so that it does not drag on and a sense of justice is fulfilled in an effort to provide legal certainty for the parties The need for special arrangements for home workersDomestic workers (PRT) are an important source of livelihood for women and men in Southeast Asia. Because the work is done within the household and is considered informal work, there are no regulations governing it, and as a result it often goes unnoticed. This is a category of work that is in dire need of legal and social protection, as its workers are vulnerable to harassment and exploitation during recruitment and placement, during work, and upon return to their place of origin. This paper summarizes the main problems faced by domestic workers, as well as the obstacles experienced in obtaining their rights.
家庭佣工法律保护的司法审查(PRT)
无论是在城市还是在农村,家庭佣工的存在对印尼人的生活来说并不陌生。本研究问题的提法是:印尼《劳动法》中家庭佣工(PRT)的法律地位是什么?家庭佣工(PRT)案件如何解决?法律上对家庭佣工的特别安排有何需要?所采用的方法是一种规范研究方法,是一种基于法律科学逻辑的科学研究程序,旨在从印尼《劳动法》中家政工人的法律地位(Prt)这一规范性方面寻找真相。2003年关于人力资源的第13号法律明确承认家庭佣工作为工人的法律地位。2003年关于人力的第13号法律第86条第1款规定:"每个工人/劳工都有权获得以下方面的保护:(a)职业安全和健康;(b)道德和体面;(c)按照人的尊严和宗教价值对待。家庭佣工与其雇主和/或家庭服务提供者之间进行协商一致的审议程序,这是解决纠纷的最简单步骤。这是首次在没有地方政府官员参与的情况下进行审议。但是,如果有必要,地方政府官员可以在审议过程中担任证人。在通过审议达成共识作出决定的过程中,时间是有限的,这样就不会拖延,而且在努力为各方提供法律确定性的同时,也实现了正义感。对家庭佣工的特殊安排的需要家庭佣工是东南亚妇女和男子的重要生计来源。因为这项工作是在家庭内部完成的,被认为是非正式的工作,所以没有规定来管理它,因此它经常被忽视。这是一类迫切需要法律和社会保护的工作,因为这类工作的工人在招聘和安置期间、在工作期间以及在返回原籍地时容易受到骚扰和剥削。本文总结了家政工人面临的主要问题,以及在获得其权利方面遇到的障碍。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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