Conference Paper
Mobilizing voices for domestic worker
protection in Indonesia
Sri Wiyanti Eddyono, Estu R. Fanani, and Yurra Maurice
Based on research report by SCN-CREST
for the UNRISD project on
When and Why the State Responds to Women’s Demands:
Understanding Gender Egalitarian Policy Changes in Indonesia,
2015
Paper prepared for
ILO 4th Conference on Regulating for Decent Work:
Developing and Implementing Policies
for a Better Future at Work (RDW)
8-10 July, 2015, Geneva, Switzerland
The United Nations Research Institute for Social Development (UNRISD) is an autonomous research
institute within the UN system that undertakes multidisciplinary research and policy analysis on the
social dimensions of contemporary development issues. Through our work we aim to ensure that
social equity, inclusion and justice are central to development thinking, policy and practice.
UNRISD, Palais des Nations
1211 Geneva 10, Switzerland
Tel: +41 (0)22 9173020
Fax: +41 (0)22 9170650
info@unrisd.org
www.unrisd.org
Copyright © United Nations Research Institute for Social Development
This is not a formal UNRISD publication. The responsibility for opinions expressed in signed studies rests
solely with their author(s), and availability on the UNRISD Web site (www.unrisd.org) does not constitute an
endorsement by UNRISD of the opinions expressed in them. No publication or distribution of these papers is
permitted without the prior authorization of the author(s), except for personal use
Acknowledgement
This paper is written based on the SCN CREST research report on “When and Why the State Respond to
Women’s Demands: Understanding Gender Egalitarian Policy Changes” in Indonesia, 2015, in collaboration
with UNRISD. In Indonesia the research was conducted in Jakarta, West Sumatera, East Java and East Lombok
by seven researchers: Sri Wiyanti Eddyono, Estu R. Fanani, Dini Anitasari Sahbaniah, Farha Ciciek, Juni
Warlif, Yurra Maurice, Haiziah Ghazali, and Sisillia Velayati. To protect the anonymity of our respondents, all
names have been changed.
List of acronyms and abbreviations
Baleg
Bappeda
Dinas Ketenagakerjaan
Dinas Sosial
DPR-RI
ECOSOC
LARD
LBH
LBH APIK
NTB
JALA PRT
KAPRT
KAPRTBM
LPA
Komnas Perempuan
PKB
Prolegnas
PRT
SA-KPPD
Solidaritas Peduli PRT
Legislation Body
Regional Planning and Development Board
Labour Agency
Social Welfare Agency
National Parliament
UN Committee on Economic, Social and Cultural Rights
The People’s Advocacy Institute for Democracy
Legal Aid Institution
Women’s Legal Aid Institution
West Nusa Tenggara Province
A network of women’s NGOs, domestic worker
organisations/unions, legal aid institutions, and labour unions
Network of Domestic Workers Action Committees
Domestic and Migrant Workers Action Committee
Child Protection Services
National Commission on Violence Against Women
The National Awakening Party
National Legislation Programme
Domestic workers
Samitra Abhaya Women’s Pro-Democracy Group
Solidarity for Domestic Workers
4
Contents
Acknowledgement ..................................................................................................................... 3
List of acronyms and abbreviations ........................................................................................... 4
Abstract ...................................................................................................................................... 6
Introduction ................................................................................................................................ 7
Framing the issue of mobilization for domestic worker protection ........................................... 7
Mobilizing around the Bill for Domestic Worker Protection at the national level .................... 9
JALA PRT strategies ........................................................................................................... 10
Komnas Perempuan strategies ............................................................................................. 12
The state’s response ............................................................................................................. 12
Mobilization of domestic worker issues at the sub-national level ........................................... 16
Mobilization in West Sumatera Province and West Pasaman district ................................. 17
Mobilization in East Java Province and Jember district ...................................................... 17
Mobilization in West Nusa Tenggara Province and East Lombok district .......................... 19
The challenges of mobilization: a conclusion .......................................................................... 22
The complexity of domestic work ....................................................................................... 22
Fluctuations in mobilization ................................................................................................ 22
The political interests of policy makers ............................................................................... 23
Abstract
This paper assesses mobilization for the bill of the protection for domestic workers in
Indonesia. This advocacy campaign was initiated in 2004 by the NGO network JALA PRT in
collaboration with the National Commission on Violence Against Women (Komnas
Perempuan). We argue that advocacy for the bill of the protection for domestic worker is very
challenging, since it combines gender and class issues. In a patriarchal society, domestic
work is still seen as low status, unskilled work for women. Employing domestic workers is a
strategy for transferring domestic work burdens from upper and middle class women to lower
class women. From interviews and observations conducted as part of a qualitative research
methodology, the paper reveals a strong element of contestation of gender and labour issues
within national and sub-national parliaments and governments. The resistance of the
government and parliaments is a significant challenge for these networks. The lack of a
strategy to obtain support from the public at the national or local levels, as well as limited
resources undermines capacity to counter resistance from policy makers in Indonesia.
Key words: women’s mobilization, women’s advocacy, domestic workers, gender equality
policy, Indonesia.
6
Introduction
This paper examines mobilization for a bill of protection for domestic workers (called the
Domestic Worker Bill) in Indonesia. The mobilization for a Domestic Worker Bill started at
the national level in 2004, and later spread to several provinces and districts. This advocacy
campaign has occurred over four national governments: the end of President of Megawati
Sukarnopoetri’s government (2004), the first and the second government of President
Bambang Yudoyono (2004-2009 and 2009-2014), and the on-going government of President
Joko Widodo (2014-2019). However, no new law has yet been enacted. This study seeks to
analyze how and why this mobilization was initiated by the women’s movement at the
national and sub-national levels, and how government responded to its demands.
In Indonesia, domestic workers are mostly poor/lower class women with limited education
who migrate between villages, from small towns to larger ones, or from villages to cities
(DPR-RI 2011; Jurnal Perempuan 2005). There are no reliable data on the number of
domestic workers in Indonesia, which itself demonstrates the lack of policymaker interest in
this group of workers.1 These women are usually called domestic helpers (pembantu) rather
than domestic workers. They perform many different kinds of domestic work at their
employers’ houses with long hour works (up to 12 hours a day) and receive very small
salaries (LBH Jakarta and JALA PRT, 2013). They are also very vulnerable to exploitation
and abuse by their employers (JALA PRT, 2010). The labour law does not yet recognize
these domestic workers as workers or offer them protection. The only protection provided is
the Law of Protection from Domestic Violence. This law only protects domestic workers
from violence by their employer if they live in their employers’ houses, but even then it does
not cover their basic rights as a worker.
This paper first sets out a theoretical framework and methodology for analyzing the
mobilization of domestic worker protection. It then analyzes the initiation of a mobilization
campaign by the JALA PRT network, the main advocacy actor, as well as the National
Commission on Violence against Women (Komnas Perempuan), along with the state’s
response. The following section examines mobilization for supporting the bill of domestic
worker protection at the sub-national levels: in the three provinces and three districts where
our research was conducted. The final section of the paper identifies challenges faced by
these networks and makes some general conclusions.
Framing the issue of mobilization for domestic worker
protection
Htun and Weldon (2011) identify two dimensions of policies that can shape the way reform is
mobilized by the actors. The first dimension is whether the policy aims to empower all
women, which Htun and Weldon call a gender status policy, or whether it just addresses a
specific group of woman who face problems because of the sexual division of labour -a classbased policy. Class based policies aim to eliminate inequalities among women, assisting
those women with fewer opportunities. The second dimension is whether the policy is a
1
In 2002, ILO estimated that there were about 2.6 million domestic workers in Indonesia (Komnas Perempuan,
2011). In 2008, the Indonesian Statistics Centre (Badan Pusat Statistik/BPS) counted 1,714,437 domestic
workers in Indonesia of which 11 % were children (DPR RI, 2011). In 2009, based on a rapid assessment,
Jaringan Nasional Advokasi Perlindungan Pekerja Rumah Tangga (JALA PRT), the national network for
advocacy for domestic worker protection, estimated there were 10 to 16 million upper/middle class
households assisted by domestic workers (JALA PRT, 2010).
doctrinal issue that challenges religious or customary doctrines embedded in the society, or
non-doctrinal one, less related to religious doctrine. Expanding on Htun and Weldon’s
categories, we identify domestic worker protection as a problematic issue, since it includes
both gender and class based interests and combines doctrinal and non-doctrinal issues, as
presented in Table 1.
Table 1. Domestic work as a cross-cutting issue
Domestic work
Gender-based
Class-based
Doctrinal
Non doctrinal
Challenge the gender labour division between men and
women, as understood broadly and as part of religious
cultural practices.
Challenge the interpretation of domestic work as only a
woman’s job
Challenge inequality between Promote the idea of
women: between employers domestic work as decent
and domestic workers
work
In Indonesia there is an existing gender ideology, which mainly situates women’s role in the
domestic sphere and men’s in the public one (Robinson, 2009; Wieringa, 2015). This gender
division of labour is legitimized by state institutions and by cultural/religious interpretations.
Thus, there is a strong perception in society that domestic work is women’s work. However,
this ideology has been practiced differently by different women (Blackburn, 2004; Blackburn
et al. 2008). In several parts of Indonesia, especially in cities, there has been a change in
women’s roles, with an increase in the number of women working outside the home. As
women are still culturally obliged to manage their domestic responsibilities, they have double
roles and double burdens.
Our observations and research interviews find there are different strategies for how women
deal with this double burden. Women who live in rural areas and who work outside the home
usually rely on relatives such as sisters and mother, or on neighbours.2 In return, these women
assist family members purchasing food or give them money from time to time. It is not,
however, the usual practice to make regular payments to these relatives. Women who live in
cities usually find women who are not relatives to assist them in domestic work. They
delegate their domestic work to these other women who are paid on a regular basis for their
services, as domestic workers.3
This complexity of domestic work has contributed to the difficulty of framing the issue for
those movements who initiated the mobilization, and in shaping their strategy for advocacy.
From a narrow perspective, domestic work may appear to be a labour issue that only involves
employers and domestic workers, and which Htun and Weldon (2010) would categorise as a
non-doctrinal and class-based issue. However, domestic work also relates to the gender
division of labour that contributes to the double burden for women.
Analyzing gender advocacy policy, Fraser (1989) and Mazur (2009) conclude that advocacy
for gender equality is a complex and non-linear process, which involves different actors with
diverse demands, and requires various strategies to achieve its goals. Referring to these
2 This is found in Pasaman Barat, Lombok Timur and Jember districts.
3 This phenomenon mainly happens in cities such as Jakarta, Mataram, Surabaya and Padang.
8
authors, we identify the same complexity in the process of advocating for domestic worker
protection. The advocacy process is a political one, in which the political context and the
configuration of the state influence the prospects of success (Fraser, 1989). Analyzing
relations between women and the state in Indonesia, Blackburn (2004) observes that the state
is not a monolithic entity. There are different bodies and agencies within the state, led by
different people who may have diverse perspectives and interests. In the Indonesian context
of decentralization, the state has different layers: national, provincial, district levels that have
their own authority for developing agendas, policies and programmes. This complexity of
state configuration may also create difficulties for promoting the protection of domestic
workers. The experience of the Indonesian women’s movement in advocating for a law on
protection from domestic violence in 2004 (Eddyono, 2005; Munti, 2008) revealed that the
extent to which the state accommodates demands depends on whether there is resistance from
counter-actors, and how strongly these counter-actors mobilize their resistance compared to
the mobilization of the women’s movement. Thus, broader public support is a significant
factor that influences the success of advocacy, and strong public pressure can effectively
force states into accommodating demands. Furthermore, the way the women’s movement
mobilizes the issue and frames it is important for generating public support and for
preventing resistance. In the Indonesian context of democracy and decentralization, broader
support is needed not only at national level but also at local levels.
In order to analyze whether there are differences in mobilization at the national and subnational levels, we conducted research in three districts and provinces. We chose these
locations because some specific advocacy for domestic worker protection had taken place in
there. Furthermore, these areas have a strong Islamic culture, but have different ways of
practicing their religious culture, since they have different kinships systems. Between
September 2013 and December 2014 we conducted interviews with NGOs, state institutions,
religious and cultural leaders and other relevant respondents. We also conducted observations
of NGOs and state institutions, and reviewed relevant documents and the academic literature.
We observed that local cultural contexts influence the dynamic of mobilization at the subnational level and the state’s response.
Sub-national level
District
Pasaman Barat
Jember
Lombok Timur
Kinship system
Province
West Sumatera
East Java
West Nusa Tenggara
Matrilineal
Parental
Patrilineal
Mobilizing around the Bill for Domestic Worker Protection
at the national level
In this section, we examine the two actors who started the mobilization campaign: JALA
PRT and Komnas Perempuan. JALA PRT is a network of women’s NGOs, domestic worker
organisations/unions, legal aid institutions, and labour unions. Meanwhile, Komnas
Perempuan, which was established in 1998 through a presidential decree, is a state institution
which operates as an independent human rights body, and has a mandate to promote the
elimination of gender based violence and to protect women’s human rights.
Back in 2004, several cases of violence against domestic workers had raised public concern,
which led several NGOs to collaborate with Komnas Perempuan to conduct research on the
situation of domestic workers in ten cities across Indonesia. This research was carried out to
provide a platform for systematic advocacy for the protection of domestic workers. The
research found that domestic workers were very vulnerable in terms of physical and
psychological violence and recommended state protection. Based on the results of this study,
the NGOs agreed to formalize their network, naming it JALA PRT, and began their own
advocacy activities (Jala PRT; 2010). Since then, even though JALA PRT and Komnas
Perempuan both had a similar advocacy focus on domestic workers and the establishment a
new law to protect these workers, they carried out separate advocacy activities and pursued
different strategies towards this goal.
JALA PRT strategies
In the year of its establishment, 2004, JALA PRT produced an academic policy paper
(Naskah Akademis4) to demonstrate the urgency for new law. The network also drafted a bill
for domestic worker protection. The most important issue raised by the bill is introducing the
term “domestic worker”, thereby identifying the labour rights of domestic workers and the
responsibility of the state in protecting them. In order to get feedback on their bill, JALA
PRT organized consultations with different organisations, mostly NGOs and groups
concerned with the issue of domestic workers. Also in 2004, JALA PRT approached the
National Parliament to initiate the bill through the submission of the academic policy paper
and the development of a draft bill.5
During the process of advocacy, JALA PRT implemented various strategies:
i) facilitating domestic workers’ organizations and unionization,
ii) mobilizing support from organizations at sub-national levels (provinces and district
levels),
iii) expanding their network by establishment collaborations with labour unions and migrant
workers’ movements, and
iv) approaching government bodies such as the Ministry of Labour and Transmigration, the
Ministry of Foreign Affairs and the Ministry of Women’s Empowerment and Child
Protection.
JALA PRT realizes the importance of domestic workers themselves voicing their own
concern, rather than relying entirely on NGOs6. However, the number of domestic worker
groups and unions is very small, most are only recently established and they are mainly found
in Java, the location of the national capital, Jakarta.7 JALA PRT also found that organizing
domestic workers is not an easy task and it takes considerable time. The biggest difficulty is
4 This paper sets out the argument for why the bill is proposed. In Indonesia’s legislative making procedure this
paper must be provided by the initiator of the bill. Usually, the paper is developed based on academic
research, which is why it is called an academic policy paper.
5 In the law making process in Indonesia, there are two ways to propose a bill. This may be done by the
Parliament, as a parliament initiative bill, or by the government as a government initiative bill. JALA PRT
decided to approach parliament so that the bill became a parliamentary initiative. Both of these processes
require an academic policy paper and a draft bill.
6 JALA PRT ‘s meeting, May 21, 2014).
7 The survey conducted by JALA PRT and IDWN (2013) found nine domestic workers’ organisations operating
across several provinces. Five of them are already in the form of domestic workers’ unions, namely 1)
Merdeka Domestic Workers’ Union in Semarang, with a membership of 102 domestic workers; 2) Tunas
Mulia Domestic Workers’ Union in Yogyakarta, with 412 members; 3) Tunas Bangsa Workers’ Union in
Surabaya, with 100 members; 4) Anggrek, Teratai, and Melati Workers’ Unions, established in 2008, and
with 200 members; and 5) Sapu Lidi Workers’ Union in Jakarta with 60 members (JALA PRT-Dawn, 2013).
10
to persuade employers to allow their domestic workers to have a day off to participate in
activities organised by domestic worker organizations.8
Between 2009 and 2012, JALA PRT made alliances with other groups in order to ratify ILO
Convention no.189 (which is the first international instrument in the world that provides
assurance and recognition of domestic workers’ rights as workers) as well as to demand for a
national law to protect domestic workers. These alliances have been formed because JALA
PRT identified links between domestic workers and migrant workers (since most migrant
workers from Indonesia are female working as domestic workers), and between domestic
workers and child labourers.
In 2009, JALA PRT joined the organisation/network of migrant workers and child labourers,
made up of Migrant Care, the Indonesian Migrant Worker Union, the Network for the
Abolishment of Child Labour, and the Association of Indonesian Workers to form a network
to promote domestic work as decent work. This network was called JAKERLA PRT. The
network conducted advocacy for the ratification of ILO Convention no. 189, 2009, but it only
lasted for six months.
Afterwards in 2010, JALA PRT formed the Network of Domestic Workers Action
Committees (KAPRT) together with three union confederations. The focus of this network
was again to push for the ratification of ILO Convention no. 189, 2011, the establishment of a
law on domestic worker protection, and the revision of the Placement and Protection of
Overseas Migrant Workers Act, 2004. However, as with the previous network, this lasted
only a few months.
In 2012, JALA PRT joined a network called the Domestic and Migrant Workers Action
Committee (KAPRTBM). This network aims to lobby the National Tripartite, a joint body of
labour, employer and government representatives, to push for the ratification of ILO No. 189
Convention on Decent Work for Domestic Workers. This network also urged the government
to ratify the 1990 UN Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. The network supports JALA PRT in advocating that the state
publish a law for domestic worker protection.
JALA PRT also approached the National Parliament directly, making the most of their
connections with members of the parliament who supported their campaign. These members
of parliament then brought the issue into their political parties’ discussion groups (called
fraksi), as well as lobbying people from different parties so that the issue was included in
the parliament official agenda. Furthermore, JALA PRT engaged in dialogues with the
Ministry of Labour, the Ministry of Women’s Empowerment and Child Protection, and the
Ministry of Foreign Affairs (the leading agency for the ratification of international
conventions).
JALA PRT also uses discourses and frameworks from international debates to mobilize on
the issue. It uses the Domestic Workers’ Day in June to annually publish their demands in the
mass media. In 2014, for example, JALA PRT together with the Domestic and Migrant
Workers’ Action Committee, took action to ask the government and parliament to fulfil their
8 JALA PRT discussion (Meeting, May 21, 2014).
promise to pass the Bill of Domestic Worker Protection, to ratify ILO Convention No 189
and to amend the Migrant Workers act.9
Komnas Perempuan strategies
Komnas Perempuan, the National Commission on Violence against Women, developed
various strategies to support advocacy for domestic worker protection. Komnas Perempuan
has provided inputs to parliamentary hearings. Unlike JALA PRT, between 2010 and 2011
Komnas Perempuan targeted middle class women through an awareness-raising programme,
arguing that their support was equally important. Komnas Perempuan engaged with a
women’s organisation called the Congress of Indonesian Women (Kowani), an umbrella
group that includes 80 women’s organisations as its members and which has a special
relationship with the government. 10 Komnas Perempuan also disseminated ideas about
domestic worker protection to women’s majelis ta’lim (Islamic prayer and learning groups).
In 2013, it developed and submitted to parliament its own academic policy paper for a bill for
domestic worker protection.
Similarly to JALA PRT, Komnas Perempuan utilises international events such as
International Domestic Workers’ Day to raise their concerns. On 2014 Domestic Workers’
Day, it urged the government to ratify the 189 ILO Convention and to establish a Domestic
Workers Act. Komnas Perempuan also referred to the mechanism of Universal Periodic
Review under the International Convention on Civil and Political Rights and provided a
domestic worker situation report to the UN Committee on Economic, Social and Cultural
Rights (ECOSOC), which recommended the government should immediately ratify the
Convention. As the result of this activity, in 2013 ECOSOC urged the Indonesian
government recognise domestic workers as real workers, and recognise their rights to decent
wages, health and work safety, hours of rest, days off, limitations on working hours, social
security, and protection from unilateral dismissal (Komnas Perempuan, 2014).
JALA PRT and Komnas Perempuan started their advocacy by conducting research and then
developing their Academic Policy Papers. This strategy is very important in mapping the
problem, to show the need to address the domestic worker situation, and for positioning
themselves as experts. These actors also have similarities in terms of utilizing international
mechanisms and global events such as international domestic workers’ days. At the same
time, they apply different approaches: JALA PRT applies a class based approach and
Komnas Perempuan a gender based one. Their relative roles are also different: JALA PRT is
the main actor and Komnas Perempuan plays as a more secondary role as a supporter of
JALA PRT.
The state’s response
In line with Susan Blackburn's (2004) discussion of the non-monolithic state, there have
been different responses from various state institutions. Over ten years of advocacy for the
bill of domestic worker protection, JALA PRT had intensive communication with the
9 Direct observation from fieldwork, June 2014.
10 KOWANI was established in 1926. It was very progressive women organization in the pre-independence
period. However, during Soeharto’s regime, KOWANI mirrored the government’s authoritarian political
position, and was co-opted by the state. In the current democratic era, KOWANI has maintained its close
links with the state. For example, in the Yudoyono administration the Minister for Women’s Empowerment
was usually taken from KOWANI, or was a person supported by this group.
12
parliament, especially with the Commission for Labour (no. IX) 11 , and with different
ministries. It has run this advocacy campaign from the last year of Megawati period through
three subsequent parliaments and governments, each with different members of parliament
and heads of ministries:
i) the administration of 2004 to 2009, under President Susilo Bambang Yudoyono;
ii) the administration of 2009 to 2014, again under the leadership of President Susilo
Bambang Yudoyono; and
iii) from 2014, the presidency of Joko Widodo.
Having been unsuccessful in their advocacy campaign during one presidential administration
meant that JALA-PRT had to start the process all over again in the next administration.
Further, for each new legislature, the state’s responses to JALA PRT’s claims changed (see
Table 2).
Table 2, The State’s and JALA PRT action and responses
JALA PRT: Actions and Responses
Period I ( 2004-2009)
2004, proposed the Bill to be a
priority in the National Legislation
Programme (Prolegnas)12 and
proposed the Bill to be a parliament
initiative bill.
Communicated with the Ministry of
Women’s Empowerment
Period II (2009-2014)
Approached new parliament
members and proposed that the Bill
be incorporated in Prolegnas (2009)
Mobilized complaints to parliament,
asking for the Bill as a priority in
2010 (2010)
Continued lobbying parliament
(2011)
State Responses
Parliament
Agreed for it to be a priority bill
for period 2004-2009, but no
agenda agreed on the discussion
of the bill.
Government
NA
The bill was discussed in the
Ministry of Women’s
Empowerment (MWE) in
2006.
The MWE developed a draft
Academic Policy Paper in
2008 and conducted a study
on the specific issues raised
by JALA PRT.
The plenary identified the Bill as
a priority in 2010 (2009),
Commission IX blocked
discussion of the Bill (2010)
The Bill reinstated as a priority in
2010 but no further meetings on
the Bill.
The Labour Department
invited different departments
to discuss the government
draft for the Bill (2010).
Bill identified as a priority in
2011.
Developed an Academic Policy
Paper for the Bill (2011)
Developed the new parliamentary
Bill (2011)
Developed a Parliament Working
Group to work on the Bill
Discarded the bill as a priority for
11 There are different commissions in parliament, and Commission IX is related to labour issues.
12 Program Legislasi Nasional or Prolegnas is part of the law making process. Prolegnas states which bill is a
priority. If the bill is not put through Prolegnas, it is not possible to discuss it in parliament.
Mobilized 3 day rally for chaining the
domestic workers to themselves,
“aksi rantai diri” (self-chaining action
-2012)
2012
The Bill reinstated as a priority in
2012
Three meetings on the Bill
Conducted comparative studies
with South Africa and Argentina
Waited for parliament’s
initiatives
In 2013, the Working Group
discussed the Bill three times and
organised public hearings in
Makassar and Malang
Lobbied the legislation body (Badan
Legislasi/Baleg) in parliament
(2013):
- to synchronize the contents
- to have a plenary meeting to
finalise the bill
- to send the final bill to be
discussed by government
As a shift of strategy, lobbied for the
ratification of KILO 189 by
approaching the parliament through
Partai Kebangkitan Bangsa/PKB (the
National Awakening Party) and the
Foreign Affairs Ministry (2014)
Period III (2014)
Mobilized hunger strike action to
demand the Bill be incorporated as a
priority between 2015 and 2019.
Commission IX finalized the Bill
and handed it over for
synchronizing by Baleg (2013)
The bill was not submitted to
government to be discussed until
the end of the parliamentary
period.
Conducted meeting with JALA
PRT but no further response.
The Foreign Affairs Ministry
organised a workshop to
prepare the ratification of
KILO 189
The legislative body in
parliament agreed to discuss the
demands of JALA with the new
parliament
Although in the beginning JALA PRT was optimistic in pursuing its demands through
parliament, the response of parliament was inconsistent over time. The discussions in
parliament were very tense with a lot of resistance to the demands made by JALA PRT. The
parliament identified the Bill as a priority in several different periods, but since the support
from members of parliaments was very weak, it then decided to discontinue the discussion.
This happened in two different parliaments during Yudoyono’s presidency.
Between 2011 and 2012 the parliament investigated the issue by establishing a working
group to prepare a parliamentary Academic Policy Paper, a draft parliamentary bill for
domestic workers, a comparative study and public hearings in several cities. Most political
parties did not find this issue important. They did not agree to the proposal produced by
JALA PRT, but because of strong pressure from JALA PRT they tried to accommodate some
issues. The parliament approved that domestic workers should have the right to decent work,
that they should be treated decently, including the right to perform religious activities and the
right to privacy. This right to privacy includes communication and relationships with
outsiders, or living in a separate room which can be locked, as stated in the 2012 Bill. The
parliament also agreed that the state has a responsibility for monitoring the implementation of
the rights of domestic workers. However, as presented in Table 3, there were some
contentious issues, such as the minimum age of domestic workers, the minimum wage,
working hours, days off, leave, and training for domestic workers.
14
Table 3, Claims raised by different actors
JALA PRT’s bill (2004-2012)
The
nature of
domestic
workers
Domestic workers a worker
based on their working hours
and categories of jobs
Full time-part time
General-specific jobs
The age
of the
worker
Wage
Minimum 18 years
Working
hours
Part time: 4 hours
Full time: 8 hours a day for 5
days a week or 7 hours a day for
6 days a week/40 hour a week
Extra hours as overtime
1-2 days in a week depending on
working days
Day off
Waged based on Standard
Minimum regulated by
government
Leave
Annual leave: minimum 12 days
a year
Maternity leave: 3 months
Period leave: 2 days in a month
Health
insurance
Political
rights
Provided by employer
Right for
training
and
education
Right to join an organisation and
labour union
Right to be a member of political
party
Right to get regular training for
skill improvement
Komnas Perempuan Academic
Policy Paper (2011)
Traditional domestic worker
(come from family and relatives
with no work agreement) and
non-traditional (through agent
of domestic worker with job
agreement/contract)
The Parliament Bill
(2013)
Full
time
domestic
worker living in
Full time domestic
worker living outside
Part time
15 years (parent
agreement is needed)
Waged based on Standard
Minimum regulated by
government
Leave for religious activities
Maternity leave
Family leave (relates to family
member has sickness or passed
away)
(no detail of the number of
days)
The employers need to pay for
overtime if domestic workers do
not use their leave.
Focus on workplace safety and
health insurance
Right to join with an
organisation and labour union
Wage and rewards (other
materials, such as food
and goods, as a
replacement of wage).
Remuneration based on
agreement between the
employer and the
domestic worker
Part time: 4- 6 hours
Full time : 8-12 hours a
day
1 day off a week, not
automatically
implemented, depending
on agreement between
the employer and
domestic worker
Leave is not a domestic
worker right, but
depends on agreement
between the employer
and domestic worker
Provided by the
employer
Right to join with an
organisation and labour
union
Right to get training as needed
While JALA PRT demands the abolition of child domestic work, the parliament still allows
15 years olds to work as domestic workers conditional on their parent’s consent. JALA PRT
emphasizes the state’s responsibility to develop a standard minimum wage for domestic
workers and limit hours to 40 a week, but parliament does not agree that there should be a
standard minimum wage. Parliament recommends 8 to 12 working hours a day. The
parliament also suggests that the level of wage depends on agreement between employers and
domestic workers. Similarly, while JALA PRT argues that days off and leave are within the
rights of domestic workers, the parliament argues that days off and leave should be based on
agreement.
After the drafting this bill, there were no more discussions in parliament and the process was
discontinued from 2013. There is considerable reluctance and resistance among female
members of the parliaments to pass the bill. This was expressed a JALA PRT personnel
during an interview:
“… When the discussion came to domestic workers’ wages, everybody felt that there is a
conflict of interest. Instead of working together to raise this issue at the state level, these
members of parliament tend to avoid the discussion. They behave as if domestic workers were
exclusively JALA’s concern when actually they should have been a basic human rights issue.
They are a group of female citizens whose basic human rights have been violated. But no,
they think since it is a women’s issue, then it must be a domestic issue…”13
Meanwhile, an interviewee from Komnas Perempuan told the researchers that in the
parliament, there is inconsistency in the way the domestic worker issues are framed: “…Some
people keep repeating that they do not employ a domestic worker, and how this draft bill
should ensure that families reduce their dependency on domestic workers. Some people still
insist on using the terminology of helper… That is when the challenge felt so hard. And what
happened in the end? We got nowhere…”14
This reveals that members of parliament represented their own interests as employers,
reflecting Fraser’s (1989) discussion of claims and counter claims. The strong counter claims
come from members of parliament at the national level. Fraser (1989) also discussed
discourse about need where need is highly politicized and is interpreted by those who have
power. In this context, the claim raised by the movement for domestic worker protection is
countered by those who have power to make the law, the parliament. They view that the
demand to protect domestic workers is a threat to their own interests. It is based on the view
that homes are private areas, so that the running of homes is a private business, even when
that includes domestic workers.
Mobilization of domestic worker issues at the sub-national
level
One JALA PRT’s strategies is mobilizing support from the sub-national level, particularly in
several provinces in Indonesia. JALA PRT has made links with local NGOs in different cities
that have similar concerns about the need to protect domestic workers. This research only
discusses their links with networks in three provinces and in three districts of Indonesia.
There are different conditions for the mobilization for domestic worker protection in different
provinces and districts.
13 Interview with Linda Amris, 21 May 2014
14 Interview with Yanti Ahmad, 21 May 2014
16
Mobilization in West Sumatera Province and West Pasaman district
Our research found that no relevant mobilization about domestic work had taken place in
West Pasaman District. In West Sumatera, the term “domestic helper” became popular in the
early 2000s in the context of the needs of young women who work outside the home and to
find someone who can replace their role of doing housework. Previously, the term often used
was dunsanak, a person who lives in or who is taken to live with relatives, and who
commonly helps with anything in the household (Nurani Perempuan 2013). These people
came from poor families, searching for better opportunities. The Dunsanak is considered a
family member, so that some families send them to school like their own children and fulfil
their daily needs. They also help their dulsanak find a job or assist them in finding partners
and getting married. This cultural practice still exists in rural areas. However, in urban areas
such as in Padang city, some families have started to employ domestic workers. These
families are mainly not local people, but migrants from different cities and therefore do not
have family support for domestic work. Currently, there are no data about these families and
the number of domestic workers. Furthermore, there is a perception that domestic work is not
a decent work in the sense that work in factories, farms, or plantations might be. Although
some women work as domestic workers they do not want to identify themselves as domestic
workers, because of the local perception that domestic work is not a decent work.15
In this context, the issue of domestic worker protection has not yet gained much attention
from local NGOs and government. The Nurani Perempuan, a women crisis centre handles
some cases of violence experienced by domestic workers, including as rapes, theft
accusations and captivity, but these cases are viewed by government as individual cases.16
Mobilization in East Java Province and Jember district
The protection of domestic workers in East Java Province was initiated in 2010 by Samitra
Abhaya Women’s Pro-Democracy Group (SA-KPPD), a women’s NGO that is a member of
JALA PRT. This organization conducted their programme at the district and local community
levels. Working closely with Save the Children (the international NGO) on the Programme
for the Elimination of the Worst Forms of Work for Children (Exceed Program), the NGO
established a community care group specifically for domestic child workers. There were
various activities within this programme. It promoted skills related to work and creativity,
such as writing exercises and art. It also disseminated and raised awareness of children’s
rights among domestic child workers (through meetings and training sessions), as well as
providing the general public education about the children workers’ rights through the
publication of bulletins.
The advocacy for domestic protection intensified in 2011 because there was an abuse case of
a young female domestic worker named Marlena by her employer in Surabaya (Tabloid
Nova, 2011). This case not only raised concern from NGOs but also among the public and in
government. Using this momentum, SA-KPPD established a network called Solidaritas
Peduli PRT (solidarity for domestic workers) to advocate the protection of domestic workers
in the city. This network consists of student activists, labour activists and women’s NGOs.17
This network has demanded the establishment a specific regulation on domestic workers by
15 Interview with staff in – Pusat Penangan Terpadu untuk Perlindungan Perempuan dan Aank (2TP2A) West
Sumatera Province
16 Interview with staff in– WCC Nurani Perempuan, and local government officers.
17 Interview with SAKPPD staffs and the members of the Solidaritas Peduli PRT network.
the provincial parliament. They argue that the existing by-law, Government Regulation No
9/2005 on the Implementation of Protection for Women and Children as Victims of Violence,
does not cover the protection of domestic workers. 18 Since mid-2013, this network
developed collaborations with several provincial government bodies, such as the Community
Empowerment Agency and Social Services Agency, to advocate for the establishment of a
Regional Regulation for the protection of domestic workers.19
In addition, ILO also conducted several activities, such as an interactive dialogue “Problems
and Solutions for Domestic Workers and Child Workers in East Java” in collaboration with
Smart FM, a radio channel in Surabaya. ILO urged the Governor of East Java to regulate
domestic workers, including a standard wage, working hours, day off, leave entitlement,
insurance, and the right to education (for domestic child workers).20
In response to the demands from the network and from the ILO, the Provincial Planning and
Development Board (Bappeda) of East Java stated that the establishment of the new by-law is
not possible since there is no law at the national level to be referred to by the local
government. Bappeda suggested waiting until the national law is published. As a solution,
Bappeda sought to insert additional clauses on domestic workers in the draft bill of
Regulation of female workers and female child workers, produced by the Women and
Children Protection Agency of the Government of the East Java Province.
However, the advocacy process for establishing the integration of the policy at the provincial
level stopped for several reasons. A change to the head of Bappeda and other staffs affected
commitment to the initiative in government. The present officials do not seem to support the
previous plan, arguing there is no law at the national level.21 Tensions also occurred among
NGOs, when women workers’ groups rejected the draft regulation. They argued that they
could not afford to give a decent wage to their domestic workers. They also argued that if
there was a standard wage for domestic workers, they could lose them.22
The last reason is that SA KPPD has internal problems related to a lack of resources for
mobilising the advocacy.23 The first problem is the change of staff without a proper transfer
of knowledge. The second is the declining level of both economic and political resources,
such as funding from international, national and local sources. These problems limited their
capacity to pursue mobilization for the establishment of a state policy for domestic worker
protection.
In Jember in 2010 the ILO in collaboration with several NGOs24 organized a conference on
the problems of domestic workers in Jember and on the programme needed to address these
18 Surabaya.net, Refused Revision on Regional Regulation for Women’s Protection, Make a new Regulation for
Domestic Worker
http://m.suarasurabaya.net/kelanakota/detail.php?id=00c99386a25dc5c95175ec38dd4915022012103252
[Accessed on 28 April 2014]
19 Interview with Rina Yuwono
20 http://antarajatim.com/lihat/berita/83807/ilo-desak-gubernur-jatim-atur-prt [Accessed on 28 April 2014]
21 Interview with ILO staff in East Java Province
22 Interview with Dina Nazaruddin
23 Observation
24 Yayasan Prakarsa Swadaya Masyarakat Jember, Paramita, the Institute for Social Development Studies of
East Java, Yayasan Ibunda, Indonesian Family Planning Association (PKBI), Policy Studies and Social
Transformation, Indonesian Migrant Workers Association of Jember, and Information and Study Centre for
Children Rights.
18
problem. This conference also invited experts from universities. As a result of this conference
there was a recommendation to government to develop Jember as a child-friendly city,
whereby the government needed to establish a policy for eliminating child labour, including
child domestic work. Participants at the conference had concerns about the increase of child
labour and the impact on children no longer attending school. This recommendation was
proposed to the parliament, including the women’s caucus. However, the parliament stated
that there was no budget to establish these policies.25
Although the advocacy for a child-friendly city was not a success, these NGOs in
collaboration with SA KPPD continued their advocacy and developed a forum for initiating
the eradication of the worst forms of child labour. The forum advocated that the
establishment of a by-law for domestic worker protection should become an agenda in
parliament. They approached the Labour Agency (Dinas Ketenagakerjaan) and the Social
Welfare Agency (Dinas Sosial). However, the Labour Agency stated they could not tackle the
issue since it was not part of their authority but the Social Welfare Agency’s. Furthermore,
the Social Welfare Agency refused to incorporate this demand since they wanted to focus on
providing training rather than eliminating child labour.
Although there were refusals from these two agencies, the network continued to approach
other agencies such as the Education Agency, the Bappeda Jember, the Women’s
Empowerment and Family Planning Agency, and various members of parliament. However,
these government agencies did not perceive any problems with regard to domestic workers or
child labour. The parliament paid little attention to the agenda because a legislative election
was due in April 9, 2014.
Mobilization in West Nusa Tenggara Province and East Lombok
district
In West Nusa Tenggara province, several NGOs 26 assist migrant domestic workers with
different activities but only two organisations, Lembaga Advokasi Rakyat untuk Demokrasi
(LARD/the People’s Advocacy Institute for Democracy) and the LBH APIK NTB (Women’s
Legal Aid Institution), provide assistance for domestic workers who experience violence. In
2006 LARD in collaboration with the national network JALA PRT organised domestic
workers in Mataram and established a domestic worker union. LARD mobilized other NGOs
to develop discourse about the urgency of domestic worker protection. In 2008 LARD
continued to call for the establishment of a local policy to provide protection for domestic
workers. This NGO conducted radio talk shows, shared press releases through the mass
media and communicated with members of parliament.
These activities did not get the appropriate responses from parliament. In fact there was
resistance from members of parliaments to the idea that domestic workers have equal rights
to other workers. These members of parliament were not open to the idea that domestic
workers have the right to minimum wages and limited working hours. In an interview, the
Director of LARD told the researchers about the challenges they had faced:
“… When we borrowed their hall to launch the domestic workers union, a friend could not
accept the fact that domestic workers needed a union. He said: ‘Why do these domestic
25 Interview with Esti Adiningsih, from women’s NGO
26 LARD (Rayat Advocacy Institute for Democracy), Yayasan Tunas Alam Indonesia (SANTAI), Panca Karsa,
LPA (Child Protection Services) and LBH APIK NTB (Legal Aid for Women).
workers have to be unionized? If that happens, won't they be too busy with their activities in
the unions? Then how would they keep up with their domestic work?’ Some other members of
parliament even said that it was not reasonable to have a minimum wage – ‘do they really
want to have the same wages as their employers? Well, that would suit them very nicely.’
They were also against any discussion about limited working hours and holidays: ‘they
would certainly neglect their jobs if that happened.’ They found it hard to accept that
domestic workers have rights too.”27
Also, they argued against starting a discussion in West Nusa Tenggara province since there is
no national law on domestic workers.
The local advocacy network did not continue to challenge this resistance from parliament. A
lack of resources, a new set of focusses for local NGOs (who saw migrant workers as an
emerging issue rather than domestic workers), and a lack coordination with the national
network limited the scope of subsequent advocacy.
Unlike the provincial level, East Lombok Regency has local legislation concerning domestic
workers: by-law no. 7 / 2007 on Protection for Informal Workers. This by-law incorporates
domestic worker as informal workers. It was initiated by LBH APIK NTB, which argued that
citizens in East Lombok predominantly work in the informal sectors and lack legal
protection.28 However, the value of this by-law is debatable. Although the by- law regulates
wages, social security and working hours (not more than 8 hours per day, 6 days per week),
the definition of an informal worker is not made clear. 29 Furthermore, the process of
establishing this by-law was not transparent and there has been little public dissemination.
Therefore, not many people know about this by-law and it has not been implemented eight
years after its publication in 2007.
To conclude this section of the paper, as presented in Table 4, the process of mobilization at
different levels is very dynamic and is influenced by the actors, as well as the social,
economic, cultural and political contexts in different places. Mostly led by women’s NGOs,
the claims and the strategies vary across different locations. Thus, the responses of different
local governments are also variable, and they mostly do not accommodate the demands of the
advocacy organisations.
Table 4, Different claims and actors at the sub-national level.
Location
Pasaman
Barat
district
West
Sumatera
Province
Jember
district
East Java
Actors
Issue
No initiative yet
Strategy
State response
Nurani
Perempuan
Women’s
Crisis Centre
ILO, Local
NGOs as a
network, SA
KPPD
Protection of DWs
from violence
Handling cases
Voice concerns through
mass media
Individual cases
with no relevant to
developing policy
Domestic workers as
part of child labour
issues
Proposing by-law to
eliminate child labour
SA KPPD
Domestic worker
Proposing the new by-
Different
government
agencies have
different reasons to
reject the agenda
Varied responses
27 Interview with Bahtiar, 3 May 2014
28 Interview with LPSDM staff
29 Interview with ADBMI Coordinator
20
Province
(Women’s
NGO) and ILO
protection
law through approaching
parliament and
government
East
Lombok
District
LBH APIK
NTB
(Women’s
Legal Aid
Organisation)
Domestic worker
protection
Incorporate the issue of
domestic workers as
informal workers
through the
establishment a by-law
on informal workers
West
Nusa
Tenggara
province
LARD and
LBH APIK
NTB
Domestic worker
protection
Urge the establishment
of a local by-law through
parliament
during different
periods of
government; one
administration tried
to accommodate the
demands, a later
one refuse to do so
on the grounds that
there was no
national law yet
Parliament
accommodated the
demand, but the bylaw making process
suffered from a lack
of participation,
transparency and
dissemination
Resistance to the
idea that domestic
workers should
have the same status
as other workers.
There are three sub-national levels that have been more active in mobilizing advocacy for
domestic worker protection: East Java Province, West Nusa Tenggara province and Jember
district. These mobilizations have linked up with advocacy at the national level because the
initiators are members of the JALA PRT network. These mobilizations have run on two
levels: supporting the bill at the national level and proposing the establishment of local bylaws for domestic worker protection. These actors have utilized cases of violence against
domestic workers to mobilize their local networks.
These mobilizations, however, have not yet been successful in establishing local policies due
to various factors. In these three areas, NGOs have suffered from a lack of resources for
mobilizing around this issue. As domestic worker protection is a relatively new issue in these
areas, this lack of resources hinders the mobilization of wider public support. Furthermore, in
East Java the political context slowed down the advocacy process. The rotation of
bureaucratic staff after local governor and parliamentary elections meant that NGOs had to
start their advocacy over again. The incoming bureaucracy then referred to the absence of a
law at the national level. In Jember most NGOs work on issues relating to migrant workers
and children’s rights, since Jember is a part of Indonesia from which large numbers of
migrant workers originate. Only recently did some local NGOs extend their work to cover
domestic worker issues, partly because an increasing number of ex-migrant workers are
becoming domestic workers in different Indonesian cities.
By contrast, initiatives in the other areas were not very visible, due to their different social,
economic and cultural contexts. East Lombok, similarly to Jember, is the origin of large
numbers of Indonesian migrant domestic workers in Saudi Arabia, where violations of
migrant worker rights are very visible. The local NGOs chose to advocate migrant worker
protection rather than domestic workers. In Pasaman Barat, the extended family and the
community solidarity are still very strong, and therefore informal sharing of domestic work
among women in the extended family and community is common.
The challenges of mobilization: a conclusion
We find some significant challenges in mobilizing domestic worker protection at the national
and sub-national level. These include the complex nature of the issue, the different interests
of state’s agencies at different levels, and the fluctuations in the mobilization within the
networks.
The complexity of domestic work
Domestic worker protection is a sensitive issue. It includes elements of both class and gender,
and this creates strong tensions among women themselves, as seen in both national and subnational debates. There are different concerns in urban and rural areas. In the urban context,
having a domestic worker is a privilege for women so they have free time to work or to
engage in social activities as well as enjoying leisure time without worrying about
housework. Therefore, a new law to regulate domestic worker rights seems to threaten these
privileges. Several women in parliament from different political parties refused to support the
right of domestic workers to minimum wages, limited working hours and holidays. Some
women labour activists and the government workers had similar concerns. They were worried
they would not be able to afford to pay for their domestic workers a standard minimum wage.
They also were concerned that they would find it difficult to manage their time if domestic
workers only worked a maximum of 8 hours. This was a particular concern for women with
children, since their combined work and travel to work time was usually more than 8 hours a
day.
The main reason why these professional women feel their interests would be threatened by
this bill is the deep perception that domestic work is purely women’s responsibility. Most of
these women are only able to work in the public sphere if they have ensured that domestic
work is still being provided. There are limited alternative options for caring for their children
since day care system are not yet well established, and they do not see the possibility of
sharing housework with their husbands. Many of them fear that if this bill is passed, they
would no longer be able to work outside their homes, and would be obliged to remain there to
take care of their families by themselves. This would be seen as a backward step by those
who now have the opportunity to work outside their homes.
The tensions that are found at the national level and in cities were not apparent in rural areas.
Women here still have more options, since the family extended system still exists and so
there are possibilities to share domestic responsibilities among family members. However,
this sharing only happens among women. In some areas such as Jember and Pasaman Barat,
sharing and caring cultures also still exist in the local neighbourhood. As discussed in the
introduction, some rich families usually have relatives staying with them, but they refuse to
see this arrangement as a labour relation.
Fluctuations in mobilization
There are different patterns of mobilization at the national and sub-national levels. At the
national level, in keeping with Htun and Weldon (2010), we found that different actors are
framing the issue of domestic workers differently and this influences their strategies in
conducting advocacy. Most of the actors are from women’s NGOs that have feminist values,
yet their approaches and strategies relating to domestic worker protection are different. JALA
PRT tends to frame their agenda as class based and as a non-doctrinal issue. Their strategy to
expand their network by engaging with labour and migrant worker movements reflects this
22
approach. JALA PRT also seeks to strengthen domestic worker unions. In contrast, Komnas
Perempuan framed their advocacy as a gender issue. They emphasized the need to work with
other women’s networks in building solidarity to support the issue. Thus, JALA PRT focuses
on demands for the protection from the state, while Komnas Perempuan is more focussed on
changing perceptions about domestic workers and domestic work.
Problems occur when there is a lack of coordination between these actors. Collaborations
were established at the beginning of the advocacy process, but did not continue. Each actor
has focused on their own activities. Sometimes they have had different opinions about other
strategies with no discussion for resolving these differences and for developing further action
in response to resistance from parliament.
The lack of coordination between actors is partly due to their own internal dynamics.
Similarly to parliament and the government, Komnas Perempuan has periodically changed its
commissioners. The new commissioners usually have different approaches and priorities.
When the advocacy did not achieve success, the collaboration was postponed until the new
person in charge established new programmes. By contrast, JALA PRT has had fewer
changes of membership and leadership.
Furthermore, both of these institutions suffered from a lack of resources. JALA PRT is aware
that they need to mobilize public support, and of the urgent need to link labour and gender
issues. The network expects that the bill could be an entry point to challenge deeply-rooted
cultures of gendered division of labour. However, limited financial resources prevented them
from expanding their activities. Their mobilizations at the sub-national level are also very
limited, occurring only in certain cities or at the provincial level.
As domestic worker protection is a relatively new issue, not many NGOs work specifically
on it, particularly at the provincial and district levels. The main actors at the sub-national
level are women’s NGOs who usually focus on different issues, such as violence against
women, migrant workers, and children’s rights. In West Nusa Tenggara province there is
only one NGO specifically conducting advocacy for domestic workers. These local actors
only started their activities and working with JALA PRT between 2009 and 2011, in response
to cases of violence against domestic workers. They lack the resources needed to work on this
issue.
Unlike the national mobilization, mobilizations at the sub-national level have mixed
frameworks: seeing the domestic worker issue as overlapping gender and class. In East Java,
organizations advocated for the integration of domestic workers issue as a gender issue. They
encouraged the government agency for women’s empowerment to lead on this issue. In
Jember, NGOs linked the domestic worker issue with ones relating to children, women, class
and poverty. They voiced their concerns to different government agencies, not only the
labour agency.
The political interests of policy makers
The ten year process of advocating for a bill of domestic worker protection through
parliament demonstrates the limited interest of members of the national parliament in meeting
this demand.
Similar resistance is found in government at the national and local levels. The Ministry of
Labour has stated that it will discuss the bill if parliament submits the bill to the government.
However, they have pointed out that there would be major barriers to passing any bill because
it would threaten employers’ interests. In addition, the parliaments and governments of East
Java, Jember and West Nusa Tenggara argue they cannot not establish a local by-law if there
is no national law regulating domestic worker protection.
In conclusion, this paper has shown that there are different actors conducting different
approaches to mobilising domestic worker protection at the national and sub-national levels.
At the national level, the initiators frame the issue differently, in terms class or gender.
However, at the sub-national level, the advocacy organisations frame the issue as overlapping
gender and class. These different ways of framing the issue influence their various strategies
and claims.
The result of the advocacy process is not only influenced by the actors, their approaches and
strategies, but also by social, cultural, economic and political contexts and by state interests,
as discussed above. In Indonesia, in a context of democracy and decentralisation, the nature
of state and society is very diverse and dynamic, with large differences between national and
specific local settings.
The momentum of mobilizing for domestic worker protection has fluctuated over time, with
different dynamics at the national and sub-national levels. At the national and city level,
resistance to the idea of protecting domestic worker rights remains very strong, since it
threatens the needs and interests of upper and middle class women to transfer their domestic
work. The idea that domestic work is a private matter, and therefore that domestic workers
are different to other workers in the public sphere is very strong. In the rural areas, the
concern is that domestic worker protection is not merely about labour relations, and that a
cultural context of extended families and community shared work would not be suited to
formal regulation.
The way the state has framed its resistance is also variable. At the national level the
parliament clearly stated its concern about how domestic workers could be regulated. At the
local levels such as in East Java and West Nusa Tenggara provinces, local governments
argued that there was no point in discussing protection, as there was not yet a law on
domestic protection at the national level.
The overall conclusion of this paper is that actors at the national level, particularly JALA
PRT, have been successful in raising certain issues: that domestic workers should have the
status of proper workers and are entitled to decent work; and that the private sphere of
domestic work is also a public one, which should be regulated. Although there is still strong
resistance, parliament accepted this idea by developing in 2012 a bill that defines domestic
workers as workers. Despite this, there is on-going debate about the need to regulate domestic
workers in terms of legislation, and there is no consensus on this issue. A key problem is the
limited degree of public mobilization, as this creates the impression that the dispute is only
between JALA PRT and the parliament. Other than JALA PRT, no organizations are
lobbying parliament, and so parliament does not see this is as a public issue, but rather as a
specific concern of JALA PRT. Few demands have been made at the sub-national level in
support of national advocacy, which is another important limitation in the advocacy process.
24
References
Blackburn, S. (2004). Women and the State in modern Indonesia. Cambridge: Cambridge
University Press.
Blackburn, S., Smith, B., & Syamsiyatun. (2008). Indonesian Islam in a new era, how women
negotiate their identities. Australia: Monash University Press.
DPR RI. (2011). Naskah Akademis RUU Perlindungan Pekerja Rumah Tangga (Academic
Policy on the bill of Domestic Worker Protection)
DPR RI.(2012). (draft) The Bill of the Domestic Worker Protection.
Eddyono, S. W. (2005). Women access to justice for women's human rights violation in the
domestic shpere in Indonesia; learning from international experiences. (Master of
Law), The University of Hong Kong.
Fraser, N. (1989). Unruly practices: power, discourse and gender in contamporary social
theory. Minneapolis: University of Minnesota Press.
Htun, M., & Weldon, S. L. (2010). When do governments promote women's rights? A
framework for the comparative analyzes of sex equality policy. Perspectives on
Politics, 8(1), 207-216.
Jala PRT.(2010). Gambaran situasi Pekerja Rumah Tangga dan Mendesaknya UU PRT (the
Situation of Domestic Worker and the Urgency of The Law for Domestic Worker).
Kertas Posisi (Policy Paper).
JALA PRT & IDWN.(2013).Report Reseach Survey: Research Workers on Domestic Worker
Organization in Indonesia (Baseline Study).Jakarta.
Jurnal Perempuan (2005).39, Pekerja Rumah Tangga (Domestic Worker)
Komnas Perempuan. (2014). Siaran Pers: Hari Pekerja Rumah Tangga Internasional (Press
Release for The International Day of Domestic Worker).
Mazur, A. G. (2009). Comparative gender and policy projects in Europe: current trends in
theory, method and research. Comparative European Politic, 7(1), 12-36.
Munti, R. B. (2008). Advokasi kebijakan pro perempuan, agenda politik untuk demokrasi dan
kesetaraan. Jakarta: PSKW UI - Yayasan TIFA.
Robinson, K. (2009). Gender, Islam and democracy in Indonesia. London and New York::
Routledge.
Wieringa, S. (2015). Gender, harmony and the happy family: Islam, gender and sexuality in
post-reformasi Indonesia. South East Asia Research, 23(1), 27-44.
Online reference
Nova Tabloid. 2012. http:/ /www. tabloidnova.com/ Nova/News/Peristiwa/ Balada-Marlenayang-Penuh-Siksa-Derita-1/ accessed on 27 Desember 2013
Surabaya.net. 2012. Refused Revision on Regional Regulation for Women’s Protection,Make
a new Regulation for Domestic Worker
http://m.suarasurabaya.net/kelanakota/detail.php?id=00c99386a25dc5c95175ec38dd49150
22012103252) accessed on 27 December 2013
Tempo. 2012. Aktivis Surabaya : Lindungi Pekerja Rumah Tangga
http://nasional.tempo.co/read/news/2012/02/15/180384154/Aktivis-Surabaya-LindungiPekerja-Rumah-Tangga accessed on 27 December 2013
26