STANDARDIZATION OF EMPLOYMENT RELATIONS BASED ON ILO CONVENTION 189: AN EFFORTS TO CREATE LEGAL CERTAINTY IN THE DOMESTIC SERVICE INDUSTRY IN INDONESIA

Abstract

This research is based on concerns about the position of Domestic Workers in Indonesia who are still in a blind spot of national law because even though our constitution, namely the 1945 Constitution, firmly guarantees the right to work and a decent living for every citizen, in reality, domestic workers are often not considered as workers in the formal sense who have an equal bargaining position. The main focus of this study is to dissect how the absence of standard standards in domestic work relations has a direct impact on the loss of legal certainty and the systemic injury to their constitutional rights where by using a juridical approach combined with empirical facts in the field, this research found that without coercive regulations, basic rights such as minimum wages, working hour limits, and reproductive rights for female domestic workers only become commodities that depend on the mercy of their employers alone. This is clearly contrary to the spirit of Article 27 paragraph 2 and Article 28H paragraph 2 of the 1945 Constitution regarding recognition and fair legal protection for all people without exception. Even when compared with international standards in the ILO Convention 189, there is a clear disparity in the current state's protection commitment. This research ultimately confirms that legalizing domestic work standards is not just This is not merely an administrative matter, but rather an urgent effort to end structural discrimination and restore the human dignity of domestic workers as a legitimate part of the Indonesian workforce entitled to substantive justice.