From Legal Gaps to Decent Wages: Ensuring Domestic Workers’ Rights in Indonesia

Abstract

Domestic workers constitute part of the informal labor sector, which has long been excluded from recognition as a formal profession within Indonesia’s labor system. In practice, domestic workers in Indonesia often face various forms of exploitation, including excessive workloads, extended working hours, and inadequate wages. This discrimination stems from the absence of specific legal provisions recognizing and protecting domestic workers within the national labor legislation. This study focuses on the urgent need for legal regulation concerning the protection of wage rights for female domestic workers in Indonesia. Employing a sociological legal research method, the data collected were analyzed qualitatively. The findings indicate that, philosophically, the principle of a just and civilized humanity has not been sufficiently integrated into the formulation of labor regulations, resulting in the exclusion of domestic workers, particularly regarding wage protection. Furthermore, current labor laws fail to accommodate the needs of domestic workers due to their capitalist and patriarchal orientation. Juridically, labor regulations remain centered on formal employment and have yet to incorporate protections for informal sector workers. Sociologically, gender-biased constructions continue to frame domestic work as merely “assisting” tasks rather than professional labor, thereby reinforcing the notion that domestic workers do not deserve fair wages or reasonable working hours. This leads to systemic exploitation. ILO Convention Number 189 mandates that every individual has the right to decent work and fair wages as a foundation for achieving a dignified standard of living. This right must be guaranteed by the state, particularly for citizens who are structurally vulnerable within the labor hierarchy.