NUGROHO, ALYA KHAIRUNNISA and Trihastuti, Nanik and Hananto, Pulung Widhi Hari (2025) LEGAL PROTECTION FOR DOMESTIC WORKERS OF WOMEN UNDER THE INTERNATIONAL LAW PERSPECTIVE STUDY COMPARISON INDONESIA AND PHILIPPINES. _039 HI 2025. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

Domestic workers, particularly women, constitute a vulnerable labor sector worldwide, often facing inadequate legal recognition and protection. This study examines the legal policies and protection systems for female domestic workers in Indonesia and the Philippines, focusing on their formal recognition as part of the employment sector and the effectiveness of national legal instruments in safeguarding their rights. The research addresses key legal issues including the existence and enforcement of labor protections, access to social security, and mechanisms for addressing abuses and
exploitation under domestic and international law frameworks.
This study aims to analyze and compare legal policies and protection systems for domestic workers, especially women, in the Philippines and Indonesia. The main focus of the study is on the formal recognition of domestic workers as part of the employment sector, as well as the effectiveness of legal protection provided through national instruments. The method used is normative legal research with a comparative law approach and document analysis of laws and regulations, state policies, and international instruments ratified by both countries.
Employing normative legal research methods with a comparative law approach, this study analyzes primary legal documents such as national laws, regulations, state policies, and ratified international instruments relevant to domestic worker protections in both countries. Document analysis enables a thorough understanding of the legal frameworks and gaps affecting domestic workers’ rights and welfare.
The results of the study show that the Philippines, through Batas Kasambahay, has explicitly recognized domestic workers as formal workers with guaranteed basic rights, including written employment contracts, social security, leave, decent working hours, and protection from violence. In addition, strong institutional support from institutions such as POEA and OWWA ensures the implementation of comprehensive regulations, including for migrant workers. On the other hand, Indonesia still faces a legal gap because the Domestic Worker Protection Bill has not been passed. Domestic workers, especially women, are still classified as an informal sector without specific legal protection, and do not have equal access to social security or complaint mechanisms.
The conclusion of this study confirms that legal protection for domestic workers in Indonesia is still far behind compared to the Philippines, and this lag reflects weak political will and significant regulatory gaps. Legal reform and the immediate enactment of the PPRT Bill are urgently needed to ensure justice and formal recognition for domestic workers in Indonesia.
Keywords: Domestic Workers, Batas Kasambahay, Legal Protection, Philippines, Indonesia, Labor Law, Gender.

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