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The Ilo’s Role in Protecting Domestic Workers in Indonesia Is Highlighted by The Ratification of Convention Number 189 of 2011 Masruroh, Siti; Supriyanto, Agustinus
Balobe Law Journal Volume 6 Issue 1, April 2026
Publisher : Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/balobe.v6i1.3752

Abstract

Introduction: The 2020 annual report of the National Commission on Violence Against Women confirmed at least 34 cases related to domestic workers throughout 2019. Meanwhile, documentation of these cases by the National Network for Domestic Workers Advocacy (JALA PRT) states that between 2012 and 2019, there were more than 3,219 cases experienced by domestic workers, including psychological abuse (isolation and confinement), physical abuse, economic abuse (withholding of personal documents, unpaid wages, sick pay, unpaid holiday pay), and human trafficking.  Meanwhile, from 2017 to 2022, at least 2,673 cases of violence experienced by domestic workers did not decrease but instead increased. Therefore, the role of the ILO in Indonesia is quite important in preventing the continuation of this problem.Purposes of the Research: This study aims to determine and analyze the extent of legal protection for domestic workers provided by the Indonesian government and the role of the ILO (International Labor Organization) as an international organization that collaborates with the government, employers, and non-governmental organizations.Methods of the Research: This research uses a normative-empirical legal research method, which functions as a study of normative-empirical legal issues in the form of legal behavior products. Normative-empirical studies focus on the application of applicable legal provisions to every legal event that occurs in society to achieve that goal. This research begins with the applicable legal provisions in written form for each legal event in society, thus combining two stages of study. The first stage examines the applicable normative laws, and the next stage applies these laws to events that occur in society in order to achieve the selected objectives. Based on the above explanation, this research requires primary and secondary data.Results of the Research: The ILO, as the representative of the International Labor Organization, has done a lot to oversee and encourage the ratification of domestic worker protection and the immediate passing of the PPRT Bill. In this case, various projects have been carried out by the ILO to facilitate the realization of protection for domestic workers, one of which is by inviting cooperation with various groups from NGOs, employers, and the government. This includes providing socialization and training for domestic workers by inviting cooperation with JALA PRT. JALA PRT also has domestic worker schools in several major cities that provide education to domestic workers regarding the rights and obligations they should receive.
Perlindungan Hak Moral Pencipta dalam Eksekusi Fidusia Royalti Melalui Perspektif Filsafat Justin Hughes Anggitariani Rayi Larasati Siswanta; Agustinus Supriyanto
Jurnal Ilmiah Kebijakan Hukum Vol 20 No 1 (2026): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2026.V20.1-16

Abstract

The growth of Indonesia’s creative economy offers new opportunities to utilize copyright, particularly royalty income, as a basis for fiduciary guarantees. However, this practice rais-es juridical challenges due to the potential infringement of creators’ moral rights, which are perpetual and non-transferable even when royalties are executed as fiduciary collateral. This study aims to analyze the protection of creators’ moral rights in the execution of royalty-based fiduciary guarantees through the philosophical perspective of Justin Hughes. The re-search adopts a normative juridical method with conceptual and statutory approaches. Hughes’ theoretical framework in The Philosophy of Intellectual Property, which combines Hegel’s personality theory and Locke’s labor theory, emphasizes that intellectual works em-body the creator’s personality and dignity, making them inseparable from their creators even though royalties, as a form of economic rights, are executed because they are encumbered by fiduciary guarantees. The findings reveal that moral rights protection during fiduciary exe-cution can be ensured through the role of Collective Management Institutions as intermedi-aries managing and distributing royalties. These institutions can safeguard moral rights by implementing controlled management by incorporating restriction clauses in fiduciary deeds, maintaining verified royalty data, applying escrow or cessie mechanisms in royalty transfers, conducting post-execution audits, and facilitating mediation in cases of moral rights viola-tions. Accordingly, the fiduciary use of royalties should not diminish the creator’s moral rights but instead achieve a balance between creditors’ legal certainty and the preservation of the creator’s honor and integrity.