Imron, Ali and Sumarsono, Tanto Gatot ORCID: https://orcid.org/0000-0002-0957-0021 (2017) Paradigmatic Approach of The Formulation of Social Protection for Homeworkers Within The Perspective of Progressive Law. Journal of Law, Policy and Globalization, 57. pp. 91-102. ISSN 2224-3259

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Abstract

The system wherein work is conducted outside the company’s work system (putting-out system) and industrial
sub-contracting system have become a trend nowadays, and have even become a very promising option in the
free trade era. Home-based work is a symptom of self-exploitation in which there is a mobilization of labor force
with low or no wages, and in which family members or children are exploited as work force with very low wages.
Homeworkers are marginal workers neglected by the system of employment rules and absent from the target of
existing social protection programs. This situation is regarded as an anomaly that produces a state of crisis in
Indonesian employment laws. The legal-positivistic paradigm of employment laws is unable to adjust the needs
of the homeworker communities, so a new paradigm needs to be proposed in order to view the realm of law
differently, namely through the paradigm of progressive law. Intrinsically, the paradigm of progressive law
emphasizes the servitude of law in the society and is oriented to law’s value of justice that is more substantial
than procedural, namely a law that could improve the welfare of the people.

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