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Jakarta Post

Long-awaited domestic workers bill deserves support, not obstruction

The unnecessarily protracted process of making a law on domestic workers protection stands in stark contrast to the speedy passage of the bills that are favorable to those in power. 

Eva K Sundari (The Jakarta Post)
Jakarta
Wed, May 1, 2024

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Long-awaited domestic workers bill deserves support, not obstruction Protesters stage a hunger strike to urge the House of Representatives to pass the domestic workers protection bill in front of the legislative complex at Senayan, South Jakarta, on Aug. 14, 2023. (Antara/Galih Pradipta)

I

n his landmark speech, “Indonesia Menggugat” (Indonesia contests) before the colonial court in Bandung in 1930, our founding father Sukarno said, "Slavery is inhumane. Slavery must be abolished from the face of the earth."

Nearly a century later, the World Slavery Report 2023 estimates that there are still 1.8 million Indonesians confined in the shackles of modern slavery. The most common form of modern slavery in the country is forced labor, which affects 1.3 million people. Many of the people who fall into this category are domestic workers.

Yet rather than working to solve this issue, the House of Representatives, and in particular House Speaker Puan Maharani, have been standing between the victims of modern slavery and the bill. Not only has the House failed to oversee the government's performance, but it is also hindering efforts to resolve the problem by slowing the legislative process of the domestic workers protection bill.

The bill has been languishing in the House for an incredible 20 years, facing hurdles at every step of the process. It was first submitted by the National Advocacy Network for Domestic Workers (Jala PRT) in 2004 to the Indonesian Democratic Party of Struggle (PDI-P), the National Mandate Party (PAN) and the National Awakening Party (PKB) factions at the House.

In 2010, House Commission IX, which oversees labor affairs, finally formed a working group on the bill and conducted comparative studies in three countries, as well as public consultation in three provinces. In 2013, it completed and submitted the draft of the domestic workers protection bill to the House’s Legislation Body.

The bill, which has changed 65 times at the request of House members, finally moved forward in 2020. Deputy chairman of the Legislation Body, Willy Aditya from the Nasdem Party, played a crucial role by leading the charge to adopt the draft law as an initiative bill.

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Unfortunately, the working group discussion in the Legislation Body (Baleg) did not go smoothly, as there was pushback from the PDI-P and the Golkar Party. On July 1, 2020, the Baleg voted for the draft law on domestic workers as an initiative bill with the support of seven factions, amid challenges from the PDI-P and Golkar, the two largest factions in the House.

But even after this uphill battle, the bill has yet to overcome its last hurdle, in the form of House Speaker, and PDI-P deputy chairwoman, Puan. Despite the approval from the Baleg, the deliberation of the bill was not included in the House’s legislative agenda for three years, until 2023, when President Joko “Jokowi” Widodo expressed his commitment to the bill, which after all was one of his campaign promises in both the 2014 and 2019 elections.

On March 21, 2023, the House speaker responded to the President's call for deliberation of the bill by holding a plenary session to approve the draft law on domestic workers as a House initiative bill. This time around, all nine House factions gave their support. Sadly, since then, the speaker has never included the bill in the House’s legislative agenda.

This unnecessarily protracted process stands in stark contrast to the speedy passage of the bills that are favorable to those in power. The KPK Law amendment, the Job Creation Law, the National Capital City (IKN) Law and the Jakarta Special Designation Law, are just a few examples of laws that won the House’s nod in a matter of weeks, if not days.

While the House purports to represent the people, overwhelmingly popular legislation such as the domestic workers protection bill and the indigenous peoples bill remain in limbo for decades. Another bill, the Sexual Violence Eradication Law, was only endorsed after eight years following a persistent and massive campaign from women’s rights activists.

The House’s performance can most readily be judged by the legislation it produces. However, if the laws passed by the House are mostly laws sponsored by the government, then the House merely serves as a rubber stamp for the government's legislative agenda, as is the case with the House today.

And as a law-making body, the House should adhere to the mandate of Pancasila, especially the principle of social justice for all people. This fifth principle is the core of democracy; and yet it is denied to the 5 million domestic workers who lack professional recognition and state protection. What is more, Puan, as the first woman House speaker, should seek to leave a legacy of advancing the rights of women, who make up the vast majority of domestic workers.

The domestic workers protection bill clearly addresses the civil and political rights, as well as the economic and sociocultural rights, of domestic workers. The bill is also certain to benefit the national economy due to the increased productivity of domestic workers as a result of improved workplaces and decent wages. Happiness and tranquility due to certainty, including being protected from exploitation, are important factors for domestic workers' productivity.

As we commemorate International Labor Day on Wednesday, we are convinced that a better way to at least end the House’s tumultuous term on a positive note should be endorsing the long-awaited domestic workers protection bill.

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The writer is a board member of ASEAN Parliamentarians for Human Rights (APHR), and a former member of the House of Representatives.

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