ABSTRACT

The legal issue in this research concerns the legal implications related to the substance of the Draft Law on the Protection of Domestic Workers that ensures justice for domestic workers. Although the Draft Law on the Protection of Domestic Workers has been enacted, the author observes that several shortcomings still exist. Therefore, the incompleteness of just legal norms becomes an important topic to be discussed. The theoretical framework used in this thesis includes John Rawls’ Theory of Justice, the Theory of Legal Certainty, and the Theory of Legal Protection. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The legal materials consist of primary data in the form of legislation and secondary data in the form of legal literature and reports from human rights institutions. The research method used by the author is normative juridical research, which focuses on analyzing the shortcomings of the enacted Draft Law on the Protection of Domestic Workers in order to reflect the existence of justice. The results of the research demonstrate that there are still several deficiencies within the draft law, particularly regarding the requirement for written employment agreements, legal protection through legal certainty concerning wages, working hours, and social security, weak mechanisms for resolving disputes within households that do not reflect adequate legal protection, and supervisory mechanisms that lack binding enforcement power. Therefore, the subsequent discussion addresses solutions to these shortcomings in order to create legal protection that reflects both justice and legal certainty. 

KEYWORDS: Contract, Domestics Workers, Legal Protection.