Politik Hukum Sistem Upah Minimum Dan Tunjangan Bagi Pekerja Rumah Tangga Di Indonesia

Abstract

The state has guaranteed the right to decent jobs and livelihoods, but
formal job opportunities are insufficient. As a result, many work as domestic
workers, although the regulations on their wages and benefits are still lacking.
Data shows the majority of domestic workers are paid below minimum wage
without benefits. This study provides an in-depth analysis of the application of laws
and regulations, legal principles and doctrines related to these issues, so that it can
be the basis for formulating appropriate policies for the protection of normative
rights of domestic workers. This research uses a normative juridical method by
examining laws and regulations as well as principles and legal doctrines related to
the wages and benefits of domestic workers. This is important to formulate the right
policies to protect the normative rights of domestic workers without compromising
employers’ interests. Some countries like South Africa and the Philippines have
provided better protection for domestic workers through specific laws. They set
minimum wage standards, maternity leave rights, unemployment insurance, THR
allowances, to decent housing guarantees. Indonesia also needs to revise its
policies to provide decent income and benefits for domestic workers. The
government is advised to set minimum wage standards for domestic workers
equivalent to the provincial minimum wage along with sanctions for violations.
Thus, fair and dignified arrangements for domestic workers can be realized
immediately without overriding the interests of employers or employers.