CHILD LABOR REGULATIONS AND ITS LEGAL PROTECTION

Main Article Content

Neni Vesna Madjid
Susi Delmiati

Abstract

The issue of child labor and working children is not a new thing in labor law. Several laws and regulations have regulated child rights and child labor rights which aim to provide legal protection for child labor. One of them is Law no. 13 of 2003 concerning Manpower. In principle, Law no. 13 of 2003 concerning Manpower has prohibited children from working if they are under 18 years of age. However, in the provisions of Article 69 of Law no. 13 of 2003 concerning Manpower, allows children aged 13 to 15 years to do light work as long as it does not interfere with physical, mental and social development by meeting certain conditions.


This paper aims to examine the protection of child labor in Indonesia so that it can be seen how far the protection provided for in the legislation, especially Law no. 13 of 2003 concerning Manpower. This research was conducted through a normative juridical approach.


It can be concluded that the provisions of Article 69 of Law no. 13 of 2003 concerning Manpower needs to be reviewed or revised because it is contrary to the Annex to the provisions of Law Number 20 of 1999 concerning Ratification of the ILO Convention no. 138 Concerning Minimum Age for Admission to Employment (ILO Convention on the Minimum Age to be Admitted to Work) (State Gazette of 1999 Number 56, Supplement to State Gazette Number 3835) which states that in accordance with Article 2 paragraph (1) of the Convention, the Government of the Republic of Indonesia hereby declares that the minimum age to be allowed to work is 15 (fifteen) years and also the provisions of Article 6 paragraph (1) of Law no. 20 of 2003 concerning the National Education System.

Article Details

How to Cite
Vesna Madjid, N., & Delmiati, S. (2022). CHILD LABOR REGULATIONS AND ITS LEGAL PROTECTION. INTERNATIONAL CONFERENCE ON GLOBAL EDUCATION, 497-507. Retrieved from https://ejurnal.unespadang.ac.id/index.php/ICGE/article/view/132
Section
LAW AND PUBLIC POLICY (ICGE IX)

References

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Dictionary
[1] WJS. Poerdaminta, General Indonesian Dictionary, Balai Pustaka, Jakarta

Journal
[1] H. Ardiana Trisnawiana, et al, Guidance and Counseling Guidelines and Modules for Prevention of Child Labor and Child Trafficking in Junior High Schools (SMP)/MTs/Package B, 2007
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[4] https://amp.kompas.com/nasional/read/2021/06/24/08230091/angka-pekerja-anak-di-indonesia-makin-mengkhawatarkan
[5] https://id.m.wikipedia . Org/wiki/Kids

Legislation
[1] UU no. 4 of 1979 concerning Child Welfare,
[2] UU no. 39 of 1999 concerning Human Rights,
[3] Law of the Republic of Indonesia Number 1 of 2000 concerning Ratification of the ILO Convention No. 182 Concerning The Prohibition and Immediate action for the elimination of the worst forms of child labor (ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the worst forms of child labour.
[4] Law No. 20/1999 concerning Ratification of ILO Convention No. 138 Concerning Minimum Age for Admission to Employment
[5] UU no. 13 of 2003 concerning Employment
[6] Law No. 35 of 2014 concerning amendments to Law No. 23 of 2002 concerning Child Protection
[7] UU no. 20 of 2003 concerning the National Education System.
[8] Presidential Decree No. 59 of 2009 concerning the National Action Plan for the Elimination of the Worst Forms of Child Labour, Chapter III Program of Action.
[9] Decree of the Minister of Manpower and Transmigration No. Kep. 235/MEN/2003 Children, annex Kep 235/MEN/2003, October 30, 2003