EXISTENCE OF CHILD HOUSEHOLD WORKERS (PRTA IN INDONESIAN) IN DEVELOPMENT OF EMPLOYMENT LAW

Abstract

Presidential Decree No. 59 of 2002 concerning the National Action Plan for the Elimination of the Worst Forms of Child Labor has included Domestic Work as the worst work for children (Pekerja Rumah Tangga Anak/PRTA in Indonesian). However, Law Number 1 of 2000 concerning Ratification of ILO Convention Number 182 Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor, does not include Child Domestic Labor (PRTA) as its scope. On the other hand, the non-accommodation of employment relations child domestic workers in the Employment Law places as parties who are vulnerable to exploitation, violence and discrimination. In connection with these problems, in the discussion of this paper it can be concluded that the validity of the employment relationship for Child Domestic Workers has fulfilled the elements of an employment relationship, including work, orders and wages. In addition, sanctions for employers who exploit Child Domestic Workers include administrative, civil and criminal sanctions. However, due to the failure to accommodate the validity and regulation of domestic workers in the Employment Law, legal reform can be carried out, namely by including the sub-discussion of domestic workers in the PPRT Bill, as well as the need to regulate strict sanctions for employers who carry out exploitation as well as labor inspection mechanisms in the informal sector.