The policy of the law to prohibit physical violence against domestic workers in Indonesia is still very weak even though it is strongly related to access to justice. The Director of the International Labor Organization for Indonesia and Timor-Leste, Michiko Miyamoto, stated that employment as domestic workers is one of the worst working conditions in the world3. Consistency and coherence of the prohibition of physical violence against domestic workers in the case of Eka Febriyanti.
Discussions regarding domestic workers became one of the topics that received attention from the ILO. So, the positive law used for perpetrators of physical violence against domestic workers is still not in favor of domestic workers as the weak side. Therefore, in the prohibition of physical violence against domestic workers who must have legal education, there are both sides, employers and domestic workers.
34;The urgency of ratifying the convention for decent work for domestic workers: efforts to increase protection". The International Labor Organization's director for Indonesia and Timor Leste, Michiko Miyamoto, said that employment as domestic workers is one of the worst working conditions groups .in the world (Kumparannews, 2018).
Consistency and Coherence of the Prohibition of Physical Violence Against Domestic Workers
Acts of violence against other parties are forms of human activity that have indications against the law or contrary to the laws in force, which can be in the form of physical acts that are real until the death of the victim (Anjari, 2014). Physical violence against domestic workers belongs to the category of domestic violence with characteristics including exercise at home, behind closed doors, with physical and/or psychological violence/torture, committed by persons who have close relationships with the victims and in repeatedly (Setiadi, 2001). However, with the rampant physical violence experienced by domestic workers, the protection of the rights of domestic workers as victims has not been realized as the focus of accommodation rights should be on non-domestic workers.
The lack of consistency and coherence of the constitution, the ratification of conventions and regulations is what causes the emergence of gaps in the legal politics of the prohibition of physical violence for domestic workers, namely in its implementation and implementation. There are so many cases that are not raised to the public, which is caused by the contradiction and incoherence of the political law that prohibits physical violence for domestic workers. Implementation at the lowest level between employers and domestic workers will be very vulnerable to physical violence if the legal basis above is not strong, consistent and coherent.
A strong law policy will also strengthen the socialization of all those who use the services of domestic workers preventively, and toughen sanctions for anyone who practices physical violence against domestic workers, as a repressive and not just a moral sanction.
Access to Justice as Crucial Issue for Domestic Worker Legal Protection
Conclusion
The urgency of ratification of the International Labor Organization Convention: Perspectives on the protection of child labor in the domestic sector [Indonesian]. Legal Protection of Witnesses and Victims by the Witness and Victim Protection Agency (LPSK) [Indonesian]. Retrieved on February 26, 2020 from https://www.industry.co.id/read/27884/jala-prt-negara-abaikan-kesejahteraan-prt Bayu, D.J.
The politics of law in prohibiting physical violence against domestic workers (the case of Eke Febriyanti), submitted to the Academic Journal of Interdisciplinary Studies. You should revise your manuscript according to the reviewers' comments below and highlight changes, in addition to these comments, see the editorial. Please confirm safe receipt of the message and contact us without delay if you have any further questions/concerns.
Office: Office 1, Forest House Business Center 8 Gainsborough Road, London, England, E11 1HT E-mail: [email protected].
Reviewer comments
- Abstract
- Introduction
- Literature review
- Methodology
- Results
- Conclusion
It is the ability of the results of the work to be applicable to fairly significant scientific and practical problems. Reference to literary sources without describing the essence of the method is only possible if it is standard. Such comparison will additionally reveal the novelty of the work performed and give it objectivity.
It repeats the main ideas of the main body of the work in a concise form. It is better to formulate any repetitions of the material presented with new phrases, new formulations that differ from those expressed in the main body of the article. In this section, the results must be compared with the objective set at the beginning of the work.
In the last part of the article, it is desirable to include attempts to predict the development of the discussed issues. We have completed the review according to the reviewers' comments (highlighted in yellow).
Dear Editor,
Here are some responses to the notes submitted by reviewers on our articles
Diakses pada 26 Februari 2020 dari https://www.industry.co.id/read/27884/jala-prt-negara-abakan-welfare-prt. Urgensi ratifikasi Konvensi Pekerjaan Layak bagi Pekerja Rumah Tangga: upaya meningkatkan perlindungan [Bahasa Indonesia]. Pasokan pekerja migran sebagai bentuk perbudakan modern melawan kejahatan perdagangan manusia.
Formulating Problem Solving Design for Migrant Workers in Post-Independence Indonesian Informal Sector Post-Placement: Case Study in Malaysia. The legal politics of banning physical violence for domestic workers in Southeast Asia's largest economy. Physical violence from employers is a common thing for domestic workers, even though the right to work and a decent living is the right of every human being.
The results show that physical violence against domestic workers had not yet achieved a strict, consistent and coherent arrangement in relation to the legal policy in conventions, constitutions and regulations, so that access to the courts for domestic workers who have experienced physical violence is difficult to achieve. .
Introduction
In this phase, it can be seen that the founders of the nation have actually included human values for every citizen who works, including domestic help. Based on the above background, this paper will thus focus on the formulation of the political problems in the law on the prohibition of physical violence against domestic workers and the extent to which victims can access the courts. 13 of 2003 regarding Manpower also does not clearly and strongly regulate the prohibition of physical violence against workers, in this case domestic workers.
However, Indonesia does not explicitly support the need to protect domestic workers (Farida et al., 2019). The absence of laws and regulations, especially regarding the prohibition of violence against domestic workers, prevented access to legal protection. Thus, the positive law applied to perpetrators of physical violence against female domestic workers is not yet favorable to female domestic workers as a weak side.
Therefore, in the prohibition of physical violence against domestic workers, who must acquire legal knowledge, both parties are both employers and domestic workers. The legal policy of outlawing physical violence against domestic workers experienced inconsistencies and incoherence because, although enshrined in the Constitution as a national goal and as the rights of all citizens, Indonesia has not ratified ILO Convention No. As a result, there are no laws and regulations that specifically prohibit violence against domestic workers.
34; Legal Policy in Prohibiting Physical Violence for Domestic Workers in Southeast Asia's Largest Economy". Title: Legal Policy in Prohibiting Physical Violence for Domestic Workers in Southeast Asia's Largest Economy. Legal Policy for Prohibiting Physical Violence Violence against female domestic workers in Indonesia is still very weak, although it is strongly related to access to legal protection.
The results show that physical violence against domestic workers has not yet been given strict, consistent and coherent regulation in terms of the politics of the law of conventions, constitutions and regulations, making access to justice for domestic workers who have experienced physical violence difficult. is to obtain. The 2011 ratification of ILO Convention No. 189 also requires the role of domestic workers to improve the legal policy of prohibiting physical violence against domestic workers in order to create guarantees for decent working and living conditions (Silitonga, 2014). Aspects of this theory, along with aspects of access to justice, can be used to enact law reforms that prohibit physical violence against domestic workers.
The legal policy of outlawing physical violence against domestic workers experienced inconsistencies and incoherence because although it is enshrined in the Constitution as a national goal and the rights of all citizens, Indonesia has not ratified ILO Convention No. 23 of 2004 on Domestic Violence . in which domestic workers are emphasized not as employees, but as members of the household.
Academic Journal of Interdisciplinary Studies
4 The policy of law in banning physical violence against domestic workers 5 in Southeast Asia's largest economy. 24 and regulations, so access to legal protection is difficult for domestic workers who have experienced physical violence. 85 political problems of the law on the prohibition of physical violence against female domestic workers and its scope.
92 Discussions about domestic workers became one of the topics that received attention from the. 180 the politics of law to prohibit physical violence against domestic workers to create guarantees. 212 That is why it is stated in the prohibition of physical violence against domestic workers, which must become legal.
