Legal Protection for Unregistered Workers in Social Security: Case Study of Domestic Workers

Ikhwan Aulia Fatahillah1

Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia 

Moh Mahbub2*

Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia 

Neng Yani Nurhayani3

Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia 

Opik Rozikin4 

 Universitas Islam Negeri Sunan Gunung Djati Bandung, Indonesia 

*Correspondence Author: muhmahbub03@gmail.com 

Abstract

The Employment Social Security Program is designed to provide protection for workers by offering benefits to replace income lost due to events such as work-related accidents, illness, and old age. This study examines the legal protection for workers not registered in the Employment Social Security Program in Banjar City, West Java Province, with a specific focus on domestic helpers. Out of approximately 1,000 domestic workers in the city, only around 400 are registered in the Employment Social Security Program. The study employs a descriptive-analytical method, utilizing qualitative data from primary sources such as lists of vulnerable workers and secondary data from relevant literature. Findings reveal that legal protection for workers is regulated under Banjar City Regional Regulation No. 9 of 2023 on Optimizing Employment Protection through Employment Social Security. This regulation covers key aspects such as protection, facilitation for vulnerable workers, and collaboration with relevant parties. Major barriers to Employment Social Security registration include a lack of understanding of the registration process and the perception that registration costs are too high. To improve registration rates, local government needs to enhance outreach efforts, improve the quality of law enforcement, and raise public legal awareness. These measures are expected to create fairer protection for all workers in Banjar City.

Keywords: Domestic Workers, Employment, Legal Justice, Legal Protection, Social Security

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