Rizti Nurizka Esa
Program Studi Ilmu Hukum, Universitas Muhammadiyah Sidoarjo

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Draft Law on The Protection of Domestic Workers and The Prospects for The Protection of Domestic Workers’ Rights in Indonesia: Rancangan Undang-undang Perlindungan Pekerja Rumah Tangga dan Prospek Perlindungan Hak Pekerja Rumah Tangga di Indonesia Rizti Nurizka Esa; Rifqi Ridlo Phahlevy
Indonesian Journal of Law and Economics Review Vol. 21 No. 2 (2026): May
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijler.v21i2.1698

Abstract

General Background: Domestic workers in Indonesia have historically lacked a dedicated legal framework, with protection relying on several existing regulations concerning manpower, domestic violence, and domestic worker protection. Specific Background: These arrangements have left domestic workers facing limited recognition as formal workers, discrimination, inadequate social security protection, and difficulties in accessing legal remedies. Knowledge Gap: Previous studies have examined political processes, legal protection, and the human rights dimensions of the Draft Law on the Protection of Domestic Workers, while limited attention has been given to the existing legal instruments, their implementation, and the relationship between the 2023 Draft Law and Law Number 2 of 2026. Aims: This study examines the legal instruments protecting domestic workers, their implementation, and the prospects of protection under the relevant regulatory frameworks. Results: Using socio-legal research with statutory and empirical approaches, the study draws on interviews with the Manpower Office, the Integrated Service Center for the Empowerment of Women and Children, JALA PRT, and domestic workers. The findings show limitations in institutional authority, case assistance, legal enforcement, and protection of basic rights. Novelty: The study connects empirical protection practices with the regulatory development represented by the 2023 Draft Law and Law Number 2 of 2026. Implications: The findings indicate continuing legal protection gaps and differences in the scope of protection provided by the two regulatory frameworks. Key Finding Institutional authority remains limited in supervising domestic employment relationships. Existing protection mechanisms face obstacles in handling violence, unpaid wages, and other rights violations. The 2023 Draft Law contains provisions on work agreements, social security, dispute resolution, prohibitions, and sanctions that are not fully reflected in Law Number 2 of 2026. Keywords : Domestic Workers, Legal Protection, PPRT Regulation, Law Enforcement, Socio-Legal Research