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Original Research

LEGAL PROTECTION AGAINST DOMESTIC WORKERS AS VICTIMS OF VIOLENCE (CASE STUDY: ABUSE OF A DOMESTIC WORKER IN WEST BANDUNG)

MAHZANIAR 1, SYARIFAH 2, and RAJIN SITEPU 3.

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/MYWS3   |   Author Affiliation: Universitas Muslim Nusantara Al wasliyah, Indonesia 1,2; Universitas Islam Negeri Sumatera Utara, Indonesia 3.   |   Licensing: CC 4.0   |   Pg no: 1458-1463   |   Published on: 27-07-2023

Abstract

This study aims to investigate various legal safeguards available to domestic workers (PRT) who have been harmed. Because the majority of this research is conducted on secondary data in libraries, the approach method utilized in the writing of this study is a normative approach or documentary legal research. Thus the results of the discovery were obtained. Specifically, the Criminal Code (KUHP) and Law Number 13 of 2006 Concerning the Protection of Witnesses and Victims regulate the protection given to people who have been the victims of criminal acts, especially in Article 5 paragraph (1), Law No. 23 of 2004 concerning the Elimination of Domestic Violence. In addition, obtaining guarantees or legal compensation for losses incurred by victims constitutes protection, including Counseling, legal services, restitution and compensation, and legal aid. In addition, every domestic worker chooses the rights regulated in Ministerial Regulation No. 2 of 2015, explaining the rights of domestic workers about the Protection of Domestic Workers, the Criminal Code (KUHP). Regarding the obstacles that arise in this case, namely the absence of laws governing the remuneration of domestic workers. This is important because the work is not easy, and the possibility of getting violent is substantial. For this reason, the Government needs to stipulate laws that regulate wages for domestic workers.


Keywords

Legal protection; victim; domestic workers