Pustaka Ilmiah Universitas Padjadjaran

Abstrak

Perlindungan Hukum Terhadap Pekerja Di Sektor Domestik Berdasarkan Domestic Worker Convention (No. 189) 2011 Dan Implikasinya Bagi Negara-negara Asean Dalam Menghadapi ASEAN Community 2015

Domestic work is an important sources of livelihood for women and men in Southeast Asia and requires legal protection. Domestic Worker Convention (No. 189) 2011 is the ILO Convention that governs the legal protection for workers in the domestic sector. ASEAN should undertake the protection for domestic workers because ASEAN member countries are frequently receive and send domestic workers. The protection and promotion of human rights for domestic workers is an enormous challenge for ASEAN, especially in facing the ASEAN Community 2015. This research discusses the implications of the Domestic Workers Convention (No. 189) 2011 for the ASEAN member countries, particularly in facing ASEAN Community 2015 and how ASEAN should establish legal framework for the protection of domestic workers. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This research also applies the statute approach. The data are analyzed qualitatively. This research concludes that the Domestic Workers Convention recognize domestic workers as formal workers and should receive the same protection as workers in general. In facing the ASEAN Community in 2015, the protection of domestic workers should be implemented by the ASEAN member countries. Although most of the ASEAN member countries have not ratified the Convention of Domestic Workers, they still have to provide protection for domestic workers because the ASEAN member countries are bound by various international human rights intruments ratified by each country. In addition, the protection of domestic workers are also covered by the ASEAN Charter and the ASEAN Human Rights Declaration. To provide such protection, ASEAN, under the Socio-Cultural Community, can establish a specific ASEAN Instrument on the Protection of Domestic Workers, which refers to the provisions of the ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers taking into account that could be adjusted to the specific characteristics of domestic workers.