Social Security For Domestic Workers in Indonesia

Abstract

Minister of Manpower Regulation Number 2 Year 2015 concerning Protection against Domestic Workers tries to protect domestic workers to get social security programs. Unfortunately, Article 11 letter (g) of this regulation only requires users to register domestic workers in social security programs without further explanation. This article creates confusion because there is no explanation about which type of social security that must be applied. The purposes of this study are to find out how the social security arrangements for domestic workers should be and the legal efforts that domestic workers can do in terms of not getting social security in Indonesia. This research is a normative juridical research with a statute approach. The results showed that the rule maker should put a clause about the type of social security that must be followed by domestic workers in the legislation. This could be the form of Law that has the advantage of being able to regulate the issuance of criminal sanctions but it takes a long time to enact the law. The second option is to include this type of social security in the amendment of the Minister Regulation which is fast to conduct changes but is not as strong as law because there will be no criminal sanctions. The legal remedies that can be conducted by domestic workers in case they are not included in the social security program are to make a lawsuit to the District Court on the basis of Default or Act Against the Law.

Analisis Yuridis Undang-Undang Nomor 18 Tahun 2017 Terhadap Pelaksanaan Desmigratif

“…Bangsa ini terus bergelut dengan minimnya prospek lapangan kerja, yang telah meningkatkan angka pengangguran. Masalah sosial akan muncul sebagai akibat dari pertambahan penduduk dan kurangnya kesempatan kerja (Nugroho et al, 2020). Prospek pekerjaan masih menjadi tantangan di Indonesia (Indonesian Bank, 2015).…”