PERLINDUNGAN HUKUM BAGI HOME BASED WORKER ATAS UPAH YANG LAYAK SEBAGAI PERWUJUDAN KEADILAN SOSIAL

FLAMBONITA, SUCI and Budiono, Abdul Rachmad and Permadi, Iwan and Madjid, Abdul (2019) PERLINDUNGAN HUKUM BAGI HOME BASED WORKER ATAS UPAH YANG LAYAK SEBAGAI PERWUJUDAN KEADILAN SOSIAL. Doctoral thesis, Sriwijaya University.

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Abstract

Legal protection given to citizens of the state, including to those working at home is aimed to guarantee basic rights and to allow equal opportunity and treatment without discrimination in order to realise the prosperity of workers/labours and their family members’ in terms of fair industrial relationship. The term home-based workers according to ILO Convention Number 177 of 1996 has become polemic in terms of its law in connection to home-based workers categorisation. In other words, it is still debated whether these workers are classified as workers or labours or even not included in any of those categories. Law governing labour affairs does not clearly accommodate existence of these workers especially when it comes to legal protection. The problem is that there is nothing these workers should address to when they face unfair treatment by their employers. More complicated situations regarding economic, social, and political issues stimulate the government to get involved in giving legal protection for the welfare of the workers, including for their rights to earn decent wages. The participation of the state is principally related to its function to facilitate the interest of the societies to bring welfare to them. Welfare also has something to do with wages earned by workers, and there are provisions in the laws regulating minimum wages as the basis of giving decent wages for workers or labours, and employers have to abide by this rule when they hire people in their business. This research used normative legal method where relevant laws and regulations in a legal system were studied, in addition to statute and conceptual approaches which were analysed by using prescriptive analysis. There are 2 (two) discussions in this research: (1) Ratio Legis of home-based workers to earn decent wages based on Law Number 13 of 2003 concerning Labour Affairs. Although the law does not explicitly govern home-based workers, their existence and their family members’ are the priority to get protection as their rights as human being. Their basic rights and security to get a job without any discriminating treatment to realise the welfare for labours/workers are the government’s commitment enacted in existing regulations. Based on constitutional commitment further stated in Law concerning Labour Affairs, there is no way hampering constitutional rights of home-based workers to earn decent wages. It is true that the Law concerning Labour Affairs does not normatively regulate home-based workers clearly, but it does not mean that home-based workers do not have access to legal protection. This law should be understood as a regulation to help them get fair and appropriate treatment, including home-based workers as what constitution expects. When a regulation does not clearly govern something, it cannot always be understood as a loophole. When this is the case, then it needs completion that may start from amendment that is aimed to make a new regulation governing home-based workers; (2) the juridical implication of the regulation regarding legal protection for home-based workers in the system of employment, it is essential to position workers as an entity that holds rights and responsibilities in order to establish social justice. They have to be allowed to gain access to legal protection not only stemming from the Law on Labour Affairs. It means that varied rights and responsibilities for these workers should receive equal welfare to other types of job. Although the regulation does not explicitly state the case, but it is still normatively functional, and this is not unusual when the regulation is not explicit on one hand, as long as it can still provide legal protection on the other hand. When this is the case, then the Law concerning Labour Affairs refers to silent law protection. The recommendations are addressed to (1) policy makers (executives and legislatives), where they should include home-based workers as category by adding a point to Article 1 concerning workers, stating that home-based workers work in informal sectors based on individual activities or home-based work, or as those carrying out joint business to run economic activities based on trust and agreement in which this business does not belong to legal entity. This is aimed to give them access to recognition of rights and decent wages; (2) ratifying ILO Convention of 1996 Number 177 concerning Home-based Workers and recommendation of 184 of 1996 taken as initial step to provide legal protection for home-based workers. With this, arbitrariness will not present in determining supervision, minimum age of workers, payment, working hours, compensation due to any expenses spent for work, health insurance and accident insurance. Thus, rights and obligations of home-based workers can be met.

Item Type:	Thesis (Doctoral)
Uncontrolled Keywords:	Legal protection, home-base workers,social justice
Subjects:	K Law > K Law (General) > K1701-1841 Labor law
Divisions:	02-Faculty of Law > 74101-Law (S2)
Depositing User:	Mrs Beta Ria Febrianti
Date Deposited:	25 Feb 2020 05:12
Last Modified:	25 Feb 2020 05:12
URI:	http://repository.unsri.ac.id/id/eprint/27650

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