BackgroundViolence against domestic workers, both domestic violence as well as labour related, is high in number. JALA PRT, an NGO deals with the rights of domestic workers, has indicated that there are numerous legal cases involving domestic workers, despite the deliberation of the Law on Elimination of Domestic Violence (Law No. 23/2004) and the Law on Child Protection (Law No. 35/2016). In fact, from the labour aspect, the Manpower Law No. 13/2003 and its derivatives, such as dispute settlement mechanism, does not recognize domestic workers as workers. Similarly, the Social Security Law still excludes domestic workers as workers.
As a result, majority of domestic workers earn wages under minimum wages and do not have access to social security. They are also vulnerable to be the subject of various violations. The situation is worsened by the fact that majority of domestic workers have lack of access to legal related knowledge, information and services. Consequently, when facing disputes or cases on the violation of their rights, they prefer not to legally report their cases or take any legal actions.
The ILO Jakarta is currently implementing the ILO’s PROMOTE project, aiming at promoting Decent Work for Domestic Workers and eliminating child labor in the domestic work sector. One of its objectives is to widen access to justice for domestic workers, including child domestic workers. For this purpose, the ILO’s Promote Project works to improve capacities of hotlines where domestic workers or the public at large could report cases involving domestic workers, facilitate stakeholders to build informal network for referral services, train paralegal and support handling of domestic workers cases.
With regards to cases, members of JALA PRT, LBH APIK and LBH Jakarta, with support from the Project, have provided legal assistances to some domestic workers who faced cases (criminal as well as civil cases) and their experiences in handling cases of domestic workers and child domestic workers are documented and compiled in a publication.
The purpose of this publication is to descriptively describe and illustrate how LBH Jakarta and LBH APIK have handled the cases of domestic workers and child domestic workers. This compilation of cases is expected to be a useful reference for relevant stakeholders, including the public at large and domestic workers themselves.
- To increase public awareness on the need to improve access to justice for domestic workers and child domestic workers.
- To increase public awareness regarding the rights of domestic workers as workers and their rights to decent working treatments and conditions.