A Legal Study on Employers Employing Children in the Informal Sector under Law Number 13 of 2003 on Manpower
Abstract
The prevalence of child labor is contingent upon a multitude of conditions, including but not limited to socioeconomic deprivation, the well-being of the child, familial circumstances, and cultural norms within the community. The employment of children does not invariably have adverse consequences, as it can serve as a means to develop the physical, mental, social, and intellectual capacities of young individuals. Child laborers often encounter significant levels of prejudice and exploitation in practical contexts. According to the Constitution of the Republic of Indonesia of 1945, it is mandated that every child possesses the inherent entitlement to survival, growth, and development, and is to be safeguarded against acts of violence and discrimination. A child refers to an individual who has not yet reached the age of 18, encompassing both those who have been born and those who are still in utero. This paper examines the legal implications surrounding the danger faced by underage child laborers in Indonesia, specifically focusing on the perspective of positive law. This inquiry pertains to the correlation between child rights and legal safeguards for child labor as stipulated in Law Number 13 of 2003. This study employs a normative juridical research approach, characterized by a descriptive research design with a focus on providing detailed descriptions and analysis. The present study employs a library research methodology, utilizing secondary data sources. The utilization of child labor, as mandated by legislation, is inherently interconnected with the safeguarding of children's rights. The regulations pertaining to the prohibition of child labor, as outlined in Article 68 of Law Number 13 of 2003 on Employment, assert that every child is entitled to protection from their parents, family, community, and the state.