Bylaw on housemaids unenforced: Official
JAKARTA (JP): Only a few people are aware of Bylaw No. 6/1993 on Housemaids. Even most of the city's 85 councillors have admitted that they know nothing about it.
Head of the data division of the city's Public Relations Office Haidil Anwar Kohar said the bylaw had been issued following a number of housemaid abuse cases.
"If I'm not mistaken, before the bylaw was issued there had been a case where a maid had a hot iron applied to her face by her employer in Pejompongan, Central Jakarta," said Haidil, who seems to be one of the few people to have heard of the bylaw.
"But to date, the bylaw has never been enforced," he told The Jakarta Post on Wednesday.
He said that the city administration had not enforced the bylaw as so far it had never received any complaints from housemaids.
The case that occurred in Pejompongan was handled by the police, who charged the employer under the Criminal Code.
Labor activist and lawyer Apong Herlina earlier told the Post that the bylaw was not being implemented as there had never been a public campaign advertising its existence. She also said that even if the bylaw were implemented it would be difficult to monitor as the abuse happened behind closed doors in private homes.
The bylaw, officially titled "Bylaw on the supervision of domestic helpers' welfare in Jakarta", stipulates that the oversight of housemaids' welfare is the responsibility of the city governor (article 2).
Articles 3 and 4 of the bylaw state that a domestic help agency should provide, among other things, shelter, training, skills training, and mental and spiritual guidance to potential housemaids.
The duties of employers as provided for in Article 10 include the obligation to pay wages, provide food, clothes, supervision, proper shelter, good treatment, adequate rest, breaks for religious worships, and medical treatment, and to pay compensation if the maid is dismissed.
Meanwhile, Article 13 stipulates that to become a housemaid, one should be in good health and be at least 18 years old. Where a parent's permission is forthcoming, maids as young as 15 may be employed.
Article 13 also imposes obligations on the employee and states that a maid should be honest, disciplined, polite, skillful, be fully documented, and have the permission of her husband if she is married.
If a dispute arises between a housemaid, the domestic help agency and the employer, this can be resolved by a team set up by the governor (Article 17).
Article 27 stipulates that any agency or employer who violates the bylaw is liable to a maximum sentence of three months in jail or a maximum fine of Rp 50,000.
The bylaw authorizes the city administration to designate its own investigating officers to probe alleged violations of the bylaw.
Under article 28, such civilian investigators are entitled to enter into houses where alleged violations of the bylaw are occurring.
An investigator can also seize objects and documents, and question witnesses on any violations before handing over the results of his investigation to the police.(jun)