Penyelesaian Sengketa Terhadap Masyarakat Terutama Pekerja Anak Sebagai Upaya Perlindungan Hukum Terhadap Eksploitasi Pekerja Anak

Abstract

Child labor is one of the social and legal problems that Indonesia is still facing. Children's involvement in economic activities cannot always be categorized as child labor, but when the work interferes with education, health, safety, physical and mental development, or is carried out in the form of exploitation, effective legal protection is required. This study aims to analyze the form of legal protection for child labor, dispute resolution mechanisms that can be used in dealing with the exploitation of child labor, and obstacles in its implementation in the community. This study uses a normative juridical method with a legislative approach and a conceptual approach. The legal materials used include the Constitution of the Republic of Indonesia in 1945, Law Number 13 of 2003 concerning Manpower, Law Number 35 of 2014 concerning Child Protection, Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes, as well as international legal instruments concerning child labor. The results of the study show that Indonesia already has a relatively comprehensive legal framework to prevent and deal with the exploitation of child labor. Dispute resolution should not be solely directed at industrial relations, but should also put the best interests of the child as the main principle. Settlement through non-litigation mechanisms, such as mediation and deliberation, can be used for early handling as long as it does not eliminate the rights of children and does not hinder the criminal process if there are elements of criminal acts. Meanwhile, repressive action through law enforcement officials is needed if the exploitation has met the criminal element. The effectiveness of legal protection still faces obstacles in the form of poverty, low legal awareness, dominance of the informal sector, weak supervision, and lack of optimal coordination between agencies. Therefore, an integrated approach is needed that combines law enforcement, child recovery, education, social protection, and family and community empowerment.