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Legal Implications for Home-Based Workers Following the Judicial Review Decision of the Constitutional Court of the Republic of Indonesia

The Indonesian Journal of International Clinical Legal Education · Vol. 6 No. 1 (2024) · pp. 49–80

DOI
10.15294/iccle.v6i1.4171
ISSN
2721-8368
Published
2024-05-30
Publisher
Universitas Negeri Semarang
Language
eng

Abstract

This study aims to analyze the laws and regulations governing informal workers, especially home-based workers in Indonesia by examining decision No. 75/PUU-XX/2022 concerning the application for review of Law No. 13 of 2013 regarding Manpower against the 1954 Constitution in the Constitutional Court of the Republic of Indonesia. Understanding the legal status of informal workers in Indonesia is crucial. This research employed a normative legal method using statutory and analytical approaches. Data was collected using the document study method on secondary data, which was then analyzed qualitatively. Based on the research results, it was found that home-based workers are included in the informal sector, but Manpower Law has not yet accommodated them. This is because Indonesian law does not recognize home-based workers in the Job Creation Law or the Manpower Law, as it has not adopted international instruments on home-based workers. However, home-based workers still receive work agreements based on Article 1320 and Article 1338 of the Civil Code and protection in several laws and regulations. According to the Court, the government must specifically regulate home-based workers to accommodate every type of work in Indonesia.

Keywords

Collaboration network of the authors

5 authors · 5 co-authorship links

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  • Universitas Islam Negeri Sultan Amai Gorontalo
  • Affiliation unknown
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  • Same organisation
  • Affiliation unknown
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Co-authorOrganisationJoint articles
Dulsukmi KasimUniversitas Islam Negeri Sultan Amai Gorontalo1
Titin SamsudinAffiliation unknown1
Fikri Hi. Asnawi AmirudinAffiliation unknown1

Affiliations come from OpenAlex; journal OAI-PMH metadata carries none. Authors without an OpenAlex ID are matched by name, which can merge or split people.

Metadata source: OAI-PMH (metadata jurnal) https://journal.unnes.ac.id/journals/iccle/oai, first harvested 5 Nov 2026, last seen 8 Nov 2026.
Original metadata (oai_dc) 
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	<dc:title xml:lang="en">Legal Implications for Home-Based Workers Following the Judicial Review Decision of the Constitutional Court of the Republic of Indonesia</dc:title>
	<dc:creator xml:lang="en">Nova Septiani Tomayahu</dc:creator>
	<dc:creator xml:lang="en">Dedi Sumanto</dc:creator>
	<dc:subject xml:lang="en">Home-based workers</dc:subject>
	<dc:subject xml:lang="en">Judicial Review</dc:subject>
	<dc:subject xml:lang="en">Legal Implication</dc:subject>
	<dc:description xml:lang="en">This study aims to analyze the laws and regulations governing informal workers, especially home-based workers in Indonesia by examining decision No. 75/PUU-XX/2022 concerning the application for review of Law No. 13 of 2013 regarding Manpower against the 1954 Constitution in the Constitutional Court of the Republic of Indonesia. Understanding the legal status of informal workers in Indonesia is crucial. This research employed a normative legal method using statutory and analytical approaches. Data was collected using the document study method on secondary data, which was then analyzed qualitatively. Based on the research results, it was found that home-based workers are included in the informal sector, but Manpower Law has not yet accommodated them. This is because Indonesian law does not recognize home-based workers in the Job Creation Law or the Manpower Law, as it has not adopted international instruments on home-based workers. However, home-based workers still receive work agreements based on Article 1320 and Article 1338 of the Civil Code and protection in several laws and regulations. According to the Court, the government must specifically regulate home-based workers to accommodate every type of work in Indonesia.</dc:description>
	<dc:publisher xml:lang="en">Universitas Negeri Semarang</dc:publisher>
	<dc:date>2024-05-30</dc:date>
	<dc:type>info:eu-repo/semantics/article</dc:type>
	<dc:type>info:eu-repo/semantics/publishedVersion</dc:type>
	<dc:format>application/pdf</dc:format>
	<dc:identifier>https://journal.unnes.ac.id/journals/iccle/article/view/4717</dc:identifier>
	<dc:identifier>10.15294/iccle.v6i1.4171</dc:identifier>
	<dc:source xml:lang="en">The Indonesian Journal of International Clinical Legal Education; Vol. 6 No. 1 (2024): March; 49-80</dc:source>
	<dc:source>2721-8368</dc:source>
	<dc:source>10.15294/iccle.v6i1</dc:source>
	<dc:language>eng</dc:language>
	<dc:relation>https://journal.unnes.ac.id/journals/iccle/article/view/4717/606</dc:relation>
	<dc:rights xml:lang="en">Copyright (c) 2024 The Indonesian Journal of International Clinical Legal Education</dc:rights>
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