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CHAPTER I

INTRODUCTION

A. Background
A developing country, also called a third world country, a less developed
country or underdeveloped country, is a nation with a less developed
industrial base, and a low Human Development Index (HDI) relative to other
countries. The term Developing country consists of two words. They are
developing and country. Developing means having few industries and many
poor people who are unable to buy the things they need; growing larger or
more advanced (www.merriam-webster.com). While, depend on Oxford
Learners Pocket Dictionary, country means area of land that forms a
politically independent unit; nation. From two words above, it can be defined
that Developing country is a country having a standard of living or level of
industrial production well below that possible with financial or technical air; a
country that is not yet highly industrialized (www.dictionary.com).
One of the examples of developing country is Indonesia. With its 17,508
islands (6,000 of which are inhabited), and an estimated population of 240
million people, Indonesia is the largest archipelagic state in the world and the
fourth most populous country. After having experienced long periods of
political instability and violence during the last 50 years, Indonesia has made
significant progress with regard to its transition to democratic governance. In
2009, both national legislative and presidential elections were held that were
peaceful and considered to be free and fair.
Indonesia has made a strong economic recovery from the 1997 financial
crisis. According to the World Bank, Indonesia is classified as a lower
middle income economy, which means that the 2008 gross national income
per capita is between US$976 and US$ 3,855. The growth forecasted for
2010 is 5.6%, which indicates that the Indonesian economy has also made a
solid recovery from the global economic crisis of 2008. In terms of human

development, however, Indonesia ranks 111th out of 182 countries according


to

the

United

Nations

Development

Programme

(UNDP)

Human

Development Index. This means that Indonesia is considered to be a medium


human development country. In 2009, 14.2% of Indonesias population was
living below the international poverty and the unemployment rate was 8.14
%. As of 2008, the most recent data available indicates that 55% of children
in Indonesia have had their birth registered. Also as of 2008, recent data
indicates that 86% of boys and 84% of girls attend primary school, while 4%
of children aged 5 to 14 are reportedly involved in child labour (Pouille, Lisa
et. al, 2011).
As one of developing country, Indonesia faces many problems. For
example, poverty, unemployment, low health service, and inequity wealth and
including children exploitation. Children as a new generation to develop and
maintain this nation should obtain the appropriate attention and duty
remembering their age and competences or skills. However, the reality of it is
different and contrary with the theory. It can be seen that many children are
exploited, get a sexual exploitation, until forced to work more than their
competence and condition.
A UN body has urged Indonesia to strengthen law enforcement and
intensify monitoring to reach its goal to be free of child labour by 2022.
International Labour Organization (ILO) country director Francesco d'Ovidio
said the government should implement a monitoring system in a scientific
and professional way in its efforts to eradicate child labour.
It is stated by Francessco dOvidio in The Jakarta post, "For that they
need to have labour inspectors trained to detect children," d'Ovidio told
reporters on Wednesday following a seminar to commemorate World Day
Against Child Labour 2016 in Jakarta.
The ILO-initiated international day this year focuses on ending child
labour in supply chains at a global scale. The organization estimates
around 168 million children around the world are still trapped today.
The number saw a decrease from the 245.5 million in 2000. Fransecco

d'Ovidio said not only has there been a significant drop globally but this
would also include reductions in Indonesia in the worldwide
statistics. However, he said, there was no official data in 2016 indicating
how many children were stuck doing forced labour in the country. Citing
data from several years ago, d'Ovidio said there were approximately 1.5
million children in Indonesia who were victims of child labour, 1.3
million of whom were categorized as being under the "worst labour
conditions." (The Jakarta Post, June 8th 2016)
Manpower Ministry official Laurend Sinaga reiterated that the Labour
Law prohibited all corporations from employing children, as evidence of the
government's clear objection toward the exploitative business practices.
Laurend, who is the acting director of work norm inspection for women and
children, said the government had also been implementing efforts in
eradicating child labour through a program called Family Hope since 2008
and had subsequently rescued and retrained 80,163 children thus far. He said,
However, several industry sectors continued to dominate as most likely to
exploit

children,

namely

agriculture,

services

sector

and

garment

manufacturing.
Assessment and remediation manager from international clothing
company giant GAP, Toni Wahid, said the problem sometime stemmed from
the children who would provide false documents to apply for jobs. In its
preventative efforts, Toni said the company had set strict criteria to verify
documents in the application process, which he said would come in the
thousands. Throughout the 93 factories GAP operates around Indonesia, he
pointed out the highest number of underage applicants came from Sukabumi
in West Java and Jakarta, as well as areas in Central Java.
"In Sukabumi, there are an especially high number of falsified
documents. Although there are no exact numbers, I estimate around 20 to 30
percents of the total lack authenticity," Toni said in The Jakarta Post, June 8th
2016.

Sociology is a study of society and its problems. Auguste Comte, the


father of sociology, defines that sociology as the science of social phenomena
subject to natural and invariable laws; the discovery of which is the object of
investigation. Sociology is the study of the social structure, social processes,
and social change (Soerjono Soekanto, 1986).
Sociology is an exciting and illuminating field of study that analyzes and
explains important matters in our personal lives, our communities, and the
world. At the personal level, sociology investigates the social causes and
consequences of such things as romantic love, racial and gender identity,
family conflict, deviant behaviour, aging, and religious faith. At the societal
level, sociology examines and explains matters like crime and law, poverty
and wealth, prejudice and discrimination, schools and education, business
firms, urban community, and social movements. At the global level, sociology
studies such phenomena as population growth and migration, war and peace,
and economic development. For this paper, sociology studies about child
labour is at the societal level. However, in this paper, the authors dont
analyse the cases from sociological analysis due to the minimal competence
of the authors in sociology science. The authors analyse the problems related
to the recent cases of child labour in Indonesia from two aspects or variables.
They are causes of child labour in Indonesia and the effects of child labour
for children in Indonesia. Two aspects or variables can represent the real
condition of child labour in Indonesia and can be a consideration in making
policy related to child labour in Indonesia
All of the cases that have relation with it will be analysed to find what
happened and finally, the cases can be solved so that similar cases wont
occur in the future. Moreover, all of the cases above that makes the author to
make this paper in order to discuss what has happen and find the solution to
prevent, to stop and to ban so that there is not any news or cases related to
child labour.

B. Identification of Problems
From background above, the authors can determine the identification of
problems such as:
1. Child labour that occurs in Indonesia.
2. The governments lack of attention for children especially for child
labour cases in Indonesia.
3. The societys lack of attention for children especially for child labour
cases in Indonesia.
C. Limitation of Problems
In this paper, there is limitation to limit this discussion so that the
discussion of problems can be guided and directed. This paper only discusses
about children exploitation in labour in Indonesia.
D. Problem Formulation
Based on the background, identification, and limitation of problems that
have been explained above, the formulation of problem can be formulated as:
1. What is definition of child labour?
2. How is the real condition of child labour in Indonesia?
3. What are the recent cases related to child labour in Indonesia?
4. What is analysis for the recent cases related to child labour in
Indonesia?
5. What are the solutions to solve the cases related to child labour in
Indonesia?
E. Objectives
There are objectives in this paper :
1. To know the definition of child labour.
2. To know how is the real condition of child labour in Indonesia.
3. To know the recent cases related to child labour in Indonesia.
4. To know the analysis for the recent cases related to child labour in
Indonesia.

5. To know the solutions to solve the cases related to child labour in


Indonesia.
F. The Advantages of Paper
1. For the Government
a. As literature to be studied and researched more for child labour in
Indonesia.
b. As consideration to take a policy to solve problems related to child
labour in Indonesia.
2. For the Society/Community
a. As a reminder to increase awareness related to child labour in
Indonesia.
b. As a way to stop and to ban child labour in Indonesia.
3. For the Authors
a. To increase knowledge of social problems in society.
b. To increase skill in writing a paper.
c. As a motivation to continue researching and writing a paper.

CHAPTER II
DISCUSSION

A. The Definition of Child Labour


Child is a young human being below the age of puberty or below legal
age of majority (Oxford Learners Pocket Dictionary). According to Act no.
35/2014 as amendment of the Act no. 23/2002 about the protection of
children article 1, paragraph 1, it is defined that child is a person under 18
(eighteen) years, including children who are still in the womb. Eric V.
Edmonds stated that child is an enormous heterogeneity in what ages are
considered children in empirical studies, and measures of child labour to be
comparable must solve the problem of different national understandings of
what is a child.
Workers, especially manual workers, considered collectively: nonunion casual labour (Oxford Learners Pocket Dictionary). The term child
labour is often defined as work that deprives children of their childhood,
their potential and their dignity, and that is harmful to physical and mental
development. Furthermore, child labour is the employment of a child in a
business or industry especially in violation of state or federal statutes
prohibiting the employment of children under a specified age (www.merriamwebster.com). Therefore, it can be defined that child labour is someone who
is under eighteen works more than their skills and sometime get violation.
B. The Condition of Child Labour in Indonesia
Child labour in Indonesia is often heard by society and often published in
news, article, and paper. Child labour is also reported in report by United
States of Labour in 2012 which is stated below :
In 2012, Indonesia made a significant advancement in efforts to
eliminate the worst forms of child labor. The Government ratified the two
Optional Protocols to the Convention on the Rights of the Child. The

Government also increased funding for services to assist the withdrawal


of children from hazardous child labor, approved a new program
specifically for child domestic workers, and continued to expand social
protection programs such as conditional cash transfer programs and
educational scholarships for poor children. Indonesia also strengthened
its provincial, district, and municipal-level efforts to combat child labor
and trafficking in persons by adopting and implementing local-level
regulations, coordinating mechanisms, policies, and action plans.
However, self-employed children and those in domestic service are
unprotected under the labor law. Children continue to engage in the
worst forms of child labor including in dangerous activities in
agriculture and domestic work. (United States of Labour Reporting,
2012)
Children in Indonesia are engaged in the worst forms of child labor,
many in dangerous activities in agriculture and domestic work. Children work
on rubber, palm oil, and tobacco farms. Evidence suggests that they may be
exposed to extreme weather, the use of sharp objects, falls from dangerous
heights, and harmful chemicals. There is limited evidence that children are
engaged in dangerous activities in the production of cloves, coconuts,
coffee, kapok (silk cotton), melinjo fruit, sugarcane, and tea. Children who
work in agriculture may use dangerous tools, carry heavy loads, and apply
harmful pesticides. Children, primarily girls, work as domestic servants.They
may be required to work long hours, performing strenuous tasks, without
sufficient food or shelter. These children may be isolated in private homes
and are susceptible to physical and sexual abuse.
Children work in the fishing industry, including for long periods of time
on offshore fishing platforms known as jermal. These children do not attend
schools and they perform physically demanding tasks, may be subjected to
physical and verbal abuse, work for long hours, often work in confined
spaces, and may work with explosives. Children also work in the production
of footwear and woodwork. Such children face long working hours, low pay
and unsafe working conditions. Limited evidence suggests that children are
8

engaged in the small-scale mining sector, including gold mines. Children also
work in construction. There is limited evidence indicating that children
engage in the worst forms of child labor in the asphalt, oil, brick, cigarette,
floor covering, furniture, marble, stone, textile, and tin industries. (11
Children working in the production of these goods may be vulnerable to
working long hours, carrying heavy loads, and inhaling toxic fumes.
Yunita Chang stated that in the year 2000, ILO finds that slightly more
than half of working children of age 10-14 years in Indonesia combine work
and schooling, while the remaining either have no schooling or are no longer
in school. In addition, more than 60% of child labourers have also been
recorded as unpaid family workers and this percentage reached the peak of
76.50% in 1998 and fell to 69% in 2000. The peak in 1998 might be
attributable to the 1997/1998 economic crisis which was likely to have forced
many family businesses to cut costs by engaging their children to help out
instead. Overall, there has been a declining employment rate among the 10-14
years old from 8% in 1996 to 4.7% in 2000, in which the percentage
distributions are as follows :
Table of The Amount of Child Workers By Year And Status Of
Employment in 1996-2000 (%)
Self employed
Employer
Paid Employees
Unpaid Family Worker

1996
16.47
0.77
13.84
68.92

1997
10.77
0.84
12.93
75.46

1998
11.78
0
11.72
76.5

1999
14.15
2.31
10.9
72.64

2000
15.91
0.62
14.07
69.41

Table 2.1 Child Workers By Year And Status Of Employment, 1996-2000 (%)
(Yunita Chang, 2012)

From Table 2.1 above, it can be known that the majority of child workers
status in year 1996 until 2000 is unpaid family worker and it is continued in
rank 2 is self employed. Unpaid work is labor employment done without
giving any wage to the worker. These may be either members of a
family or cooperative; conscripts or forced
9

labour; volunteer workers

who

work for charity or amusement; students who take intern positions as work
experience; or conventional workers who are not paid because their enterprise
is short of money or subject to embezzlement.
Besides, based on UNESCO Institute of Statistics Data in 2010 which is
published in 2013 in United States of Labour Report in 2012, it can be known
the statistics on working children and education in 2010 which is showed by
table below :
Table of Statistics on Working Children and Education in 2010
Children
Working
Attending School

Age
10-14 years
10-14 years

Percent
3.7 (816,363)
92.4

Combining Work and School

10-14 years

2.1

Primary Completion Rate

108.8

Table 2.2 Statistics on Working Children and Education in 2010 (UNESCO


Institute of Statistics, 2013)

Based on Table 2.2 above, it can be known that majority, 92.4 % from all
of children still attend school. It also can be known that the primary
completion rate in 2010 is 108.8. Primary completion rate is the percentage of
students completing the last year of primary school. It is calculated by taking
the total number of students in the last grade of primary school, minus the
number of repeaters in that grade, divided by the total number of children of
official graduation age. From the primary completion rate above, Indonesia is
still higher than another developing countries.
Moreover, in this paper, the authors also present the percentage of
children who are working in age 5 to 14 years old as follows :

10

Chart of Percentage of Working Children in Indonesia in 2010, Age 5 - 14

2%
Agriculture

27%
Manufacturing

Services

Other

62%

10%

Figure 2.1 Percentage of Working Children in Indonesia in 2010, Age 5 14


(Understanding Childrens Work Projects analysis of statistics from LFS
(Sakernas) Survey, 2010)

From figure 2.1, it can be seen than there are some kinds of industry
which are faced by children in age 5 to 14 years old. They are agriculture,
manufacturing, services, and other. There are 62 % children who are working
in agriculture field. There are 26 % children who are working in service

11

industry, 10 % children who are working in manufacturing, and balance 2 %


working in other kind of industry.
C. The Recent Cases of Child Labour in Indonesia
1. Child Workers in Tobacco Field
Based from news taken from The Jakarta Post, children as young as 8
years old are working in Indonesias tobacco farms, where they are
exposed to potentially brain-damaging and illness-causing effects from
nicotine poisoning and toxic pesticides, as well as dangerous physical
work. The how child tobacco workers are exposed to nicotine, handle toxic
chemicals, use sharp tools and work in extreme heat.
Children aged 8 to 17 working in tobacco farms in a few provinces
were interviewed and they reported to have nausea, vomiting, headaches or
dizziness, all symptoms consistent with acute nicotine poisoning from
absorbing nicotine through their skin. Some children even missed school
or dropped out.
Aman, 18, for instance, said that he got violently ill while harvesting
tobacco at his fathers farm in Sumenep, East Java, in 2014 and had to be
treated at a hospital. I had to vomit but it wouldnt come out. It happened
twice, last year and the year before. I went to the hospital both times, he
said. Last year was the worst. They gave me oxygen and an IV. My
stomach felt hot and I was dizzy all the time.
Despite this, Indonesian and multinational tobacco companies in
Indonesia, such as Djarum, Gudang Garam, Bentoel and Sampoerna, have
failed to ensure that children do not carry out hazardous work on farms in
their supply chains. Only multinational cigarette producers responded to
the HRWs request for a response.
The companies named in the report as sourcing from Indonesia or
owning Indonesian tobacco firms are Altria Group Inc., British American
Tobacco Plc, China National Tobacco Corp., Imperial Brands Plc, Japan
Tobacco Inc., Philip Morris International Inc. and Reynolds American Inc.

12

BAT, which makes the Dunhill, Lucky Strike and Pall Mall brands, and
Philip Morris, which produces Marlboro, Parliament and Virginia Slims,
respectively own or control Indonesian companies

PT Bentoel

Internasional Investama and PT Hanjaya Mandala Sampoerna.


Margaret Wurth, childrens rights researcher at the HRW and coauthor
of the report said that tobacco companies were making money off the
backs and the health of Indonesian child workers. Therefore, the report
recommended more vigilance, government regulation and a ban on
children under 18 handling tobacco. The legal employment age in
Indonesia is 15.
But pressure from human rights advocates alone will not be enough to
stop children from being exploited by the tobacco industry. Consumers
also could play a huge role in this issue as they have the power to choose
products that are made ethically and do not pose a harm to children.
British American Tobacco said in a statement that the UK-based
company and its Indonesian subsidiary, Bentoel, took the issue of child
labor extremely seriously. However, it also noted that children in
Indonesia often participated in agriculture to help their families, and to
learn farming methods and skills from their elders. Indonesia Tobacco
Community Alliance (AMTI) spokesman Agung Suryanto said that
children who helped their families in tobacco farms should not be
perceived as child workers.
2. PepsiCo supplier Indofood accused of child labour
Reports from www.eco-business.com found that American food
multinational PepsiCos Indonesia-made products are linked to child
labour, unethically low wages, and worker exploitation, a new investigative
report by environmental and labour rights groups has found. The report,
titled The human cost of conflict palm oil: Indofood, PepsiCos hidden link
to worker exploitation in Indonesia and released on Wednesday, found

13

extensive labour violations on two palm oil plantations operated by PT PP


London Sumatra, a subsidiary of Indonesian food giant Indofood.
The reports authors United States-based non-profit Rainforest
Action Network (RAN), OPPUK, an Indonesian labor rights advocacy
organization, and International Labor Rights Forum (ILRF) investigated
two of its plantations in North Sumatra by conducting field investigations
and interviews with a total of 41 workers. Robin Averbeck, senior
campaigner, RAN, said that this report reveals that Indofood is violating
the fundamental rights of workers on its palm oil plantations, as PepsiCo
watches on. The conditions on the Indofood plantations reflect a
disturbing system of abuse, where workers rights are rarely respected, she
added.
Both PepsiCo and Indofood side-stepped these claims. In responses
published in the report, PepsiCo pointed to its Palm Oil Action Plan,
launched last year, which says that all its palm oil suppliers in its supply
chain must uphold human rights standards, and are not allowed to use
forced or child labour on their plantations.
However, the reports findings show otherwise. Investigators found
that instead of hiring workers on a permanent basis and paying them fairly,
Indofoods subsidiary frequently hires people on casual or limited-duration
contracts even for core jobs such as harvesting fruit, and applying
pesticides and fertilisers.
At one of PT PP London Sumatras plantations investigated, the
company violated the districts minimum wage laws by paying workers
between 20 and 75 per cent less than the required amount. Investigators
also found that plantation owners have flouted Indonesias laws on child
labour, which set the minimum age for work at 15, and only allow
hazardous work from age 18 and above.
They observed children as young as 12 years old working on
plantations, and interviewed one 19-year old who said he had worked there
since he was 12. Much of this child labour was motivated by unreasonably
high quotas imposed on harvesters, the report found. These workers must
collect a minimum weight of fruit to be earn their wage. In less productive
14

periods, harvesters need to cover a larger expanse of plantation to reach


their daily quota. This is when they may pull their children out of school to
help out, and enlist their wives as well.
Herwin Nasution, executive director, OPPUK, noted that as such a
major employer in the country, the Indonesian government should enact
specific labour laws to protect palm oil plantation workers, who face
unique and heightened risks from their geographic isolation. Most urgent
is the plight of women and child workers, said Nasution. They perhaps
suffer most under the impossibly high quotas and unethically low wages,
he added.
3. Children Domestic Workers suffer in silence
News from The Jakarta Post stated that one of the most serious
challenges facing NGOs, social workers and other organizations fighting
to protecting child domestic workers is the problem of access and
monitoring. Hidden away in their employers home, isolated from their
families and forbidden to socialize, these young workers are extremely
vulnerable to abuse and exploitation.
Child domestic workers often come from impoverished villages far
from the cities where they work. Most are forced to enter domestic work
because their families cannot afford school tuition fees and they have no
skills or formal qualifications. Many child domestic workers are at the
mercy of their employers. CARE International Indonesias survey of 242
child domestic workers in Tangerang found that almost 90 percent had no
written contract with their employer, 65 percent never had a day off and 12
percent had experienced violence in their workplace. It is also not
uncommon for employers to forbid them to contact their families,
according to Human Rights Watch.
Every door in the house was locked and the mistress kept all the
keys. The only times I ever went out were to take the garbage outside and
even then, they always checked first to make sure no one was around,
Kaminah says. Over a nine-month period in 2008, Kaminah was subjected
15

to malnutrition, vicious beatings and other psychological and verbal abuse


from her employers in Tangerang. The couple was jailed for their horrific
treatment of the then-15-year-old last April.
Every time my parents called, the mistress told them I was in
Bandung with her husband. So many times the phone would ring and the
mistress would say: Wrong number, wrong number. I just had a feeling it
was my parents trying to reach me, Kaminah says. One time, my father
came to the house and the mistress told him to go away, that I wasnt
home.
Unaware of their rights and cut off from all support, many children
suffer alone and in silence.
The lady of the house was often mad at me, Kaminah says. One
time, she got angry while she was cooking. She asked me, "Why are you
working so slowly?. Then she took the spatula she was cooking with and
pressed it against my face. It was covered in hot oil.. Abuse can also take
other forms, including sexual or psychological abuse. Kaminah recalls
being terrified that her family would never see her again when her
employer told her she was going to die in 10 days.
Weve already got a plot of land for you, she told the young girl.
We dont need to bury you; well just dump your body in.. Other times,
her employer would mock her. You are so ugly, she would say to
Kaminah. If youre this ugly, I cant imagine how ugly your family must
be.When asked why she thinks her employer said this, Kaminah hesitates
and looks at the ground. At the time, my face wasnt really normalShe
had beaten me very badly a few days earlier and there were open wounds
on my head. They never allowed me to clean or treat the wounds properly
so they usually got infectedYou could smell the blood.
Although Kaminah was promised a salary of Rp 400,000 per month,
she never saw a penny of it. This is not an uncommon tale, according to
labor groups and NGOs, which say failure to pay or paying less than

16

promised is one tactic employers use to discourage or prevent children


from leaving.
D. The Analysis of the Cases Related to Child Labour in Indonesia
1

Causes of Child Labour in Indonesia


The progressive urbanization of Indonesia has led to an increased
demand for domestic and industrial workers by the middle class. More
young families are migrating to the cities and women continue to enter the
formal workforce. Demand has expanded in particular for girls under
fifteen to assist in child rearing and household tasks.
The demand for children over adults is particularly high because
children are cheaper and seen as easier to control than adults. We were told
by a domestic worker supplier agency that the agency supplies only
children because there is a demand for children. Labour agents told
Human Rights Watch that employers prefer hiring children because they
are cheaper than adults and can be easily managed. The ILO-IPEC
study on child domestic workers in Indonesia similarly found that adults
command a higher salary even though the tasks they perform are the same.
NGOs, as well as an official from ILO-IPEC, told Human Rights
Watch that migration of adults abroad also contributes to the demand for
children in Indonesia. The legal age for migration abroad is eighteen;
wages tend to be higher and, thus, the work more desirable. For example,
Indonesian domestic workers in Singapore typically earn 220-280
Singapore dollars (U.S.$133-170) per month, in Malaysia about 350-450
ringgit (U.S.$98-118) per month, and in Hong Kong, the minimum wage
for foreign domestic workers is 3270 Hong Kong dollars (U.S.$420),
though many get paid less than half of that. In comparison, domestic
workers in Indonesia typically earn Rp. 300,000 (U.S.$33.33) a month.
Indonesia is a major supplier of migrant domestic workers to Middle
Eastern, Southeast Asian, and East Asian countries. According to the
World Bank and the Indonesian government, in 2002 76 percent of

17

480,393 overseas workers from Indonesia were women and 94 percent of


these women were employed as domestic workers in these countries.
Human Rights Watch spoke with some girls who said they wanted to
become migrant domestic workers when they turned eighteen because they
believed they would be paid better wages abroad than in Indonesia.
In addition to the pull of demand from employers, poverty and a lack
of access to education push children into work. Many poor families in
rural areas are unable to meet their economic needs and rely on children to
supplement the household income. Education expenses, such as school
tuition and infrastructure fees (to pay for upkeep of school facilities),
uniforms, books, and transportation, are an additional burden on poor
families. The United Nations Human Development Report 2004 on
Indonesia (Human Development Report) notes that although a vast
majority of children enroll in school, only about half complete nine years
of basic education. According to the report, around 18 percent of children
drop out before completing primary school, while the rest do not enter or
do not complete lower secondary school because of poverty, incidental
fees, and expenses for uniforms and books, as well as the quality of
education.
Most children involved in child labour saw school as a preferable, but
not a possible, option. One 14-year old girl explained, 'my parents are
dead, I have to support myself, how can I go to school when I must work?'.
For others, the family economy left little option but to work. A large
number send at least part of their pay packet home. While work is difficult,
the hours long and the pay low, it is a way of meeting new friends. It
brings a degree of independence for girls who want to live their own lives.
For others, particularly the fiercely independent children who earn their
living on the streets, school offers little. The idea of returning to a highly
structured system that demands much discipline often does not appeal.
Both poverty and education costs thus push children to drop out of
school and enter the informal sector where no specialized education is
needed. This in turn creates a next generation of workers confined to low-

18

skill, low-paid jobs who, in turn, are less likely to be able to educate their
own children.
2

Effects of Child Labour in Indonesia


Child labour does more than deprive children of their education and
mental and physical development - their childhood is stolen. Immature and
inexperienced child labourers may be completely unaware of the short and
long term risks involved in their work. Working long hours, child
labourers are often denied a basic school education, normal social
interaction, personal development and emotional support from their
family.
Children may face physical injuries and mutilations caused by badly
maintained machinery on farms. While in factories, machete accidents in
plantations can happen anytime, also any number of hazards encountered
in industries such as mining, ceramics and fireworks manufacture can
occur. They are also vulnerable to long-term health problems, such as
respiratory disease, asbestosis and a variety of cancers, are common in
countries where children are forced to work with dangerous chemicals.
HIV/AIDS and other sexually transmitted diseases are rife among the one
million children forced into prostitution every year; pregnancy, drug
addiction and mental illness are also common among child prostitutes.
Growth deficiency is also prevalent among working children, who
tend to be shorter and lighter than other children; these deficiencies also
impact on their adult life. Physical neglect like lack of adequate provision
of food, clothing, shelter and medical treatment could also occur thus they
tend to get exhausted fast. Exhaustion and malnutrition are a result of
underdeveloped children performing heavy manual labour, working long
hours in unbearable conditions and not earning enough to feed themselves
adequately.
Children who are in risky job fields have no opportunity to build their
natural psychosocial health. Long working hours breed their feeling of
frustration and inadequacy. Their involvement in risky work resists
eventually in building their emotional cognitive skills and they become
19

withdrawn, introvert and uncommunicative. A significant portion of the


children working at construction and welding sector are suffering from
psychological immaturity and overall 40 percent child laborers are affected
by abnormal psychological growth. They are also deprived of the special
care that would be required for their psychological effects. Children may
also face emotional abuse that could involve corporal punishment such as
blaming, belittling, verbal attacks, rejection, humiliation and bad remarks.
E. The Solutions of Child Labour in Indonesia
Child is a gift of God, as the successor to the ideals and lineage. Children
also are a trust, entrusted the most valuable treasure that must be protected,
cared for and educated. However, the current reality in Indonesia is still
rampant cases of violence to the exploitation of children. The real cases
which occur around us such as the proliferation of street beggars, buskers and
hawkers are committed by children. The case is rife in many big cities like
Jakarta, Bandung, and Surabaya. The government which has collaborated
with the Indonesian Child Protection Commission and some nongovernment
organizations have made every effort for the sake of a decrease in cases
concerning children.
One case is currently appearing on the surface of the public regarding
cases of child exploitation, exploitation which means politics utilization
arbitrarily or excessively against something subject to exploitation (child)
only for economic purposes solely without considering the sense of propriety,
justice, and compensation well-being, based on that in this case the
exploitation of children, these children are employed in the street where they
are forced to become beggars, buskers, until jockey 3 in 1 and this case
reveals that the perpetrators have the heart to give high doses of sedatives to
children ages infant and a toddler so no fuss when asked to beg, often these
children get violent behaviour.
The problem of street children and child exploitation is a serious problem
that must be solved, to prevent the exploitation of children government and

20

society need to work together to provide an understanding of Human Rights


to the public in the hope that participate in conducting prevention and have
the same perception that actionable in everyday life, develop mechanisms and
child protection systems are integrated so that the flow of child protection
becomes more regularly so it does not happen again overlapping the
protection of children, strive for children who come from poor families and
ethnic minorities get higher attention to supply those such as by providing
free education and fair to the poor, addressing the causes of child exploitation
through poverty eradication and access to education and child labor
monitoring system to develop a comprehensive cooperation with various
parties such as NGOs (Nongovernment Organizations), law enforcement,
labour inspectors and international institutions.
Based on analysis and review which are explained above, there are some
solutions for those problems. They can be from government, communities,
and from parents. The government of Indonesia has made some acts for child
protection from child labour. They are Act no 13/2003 about labour.
According article 68 and article 69 in paragraph 2 of Act no. 13/2003 about
labour, explained that employers (employers) are prohibited employing
children and children should not be exploited to work in jobs which are
jeopardize (the worst forms) both the threat or danger for health or safety or
morals of the child.
Besides, the government also has made act no. 23/2002 which has been
changed by act no. 35/2014. In act no. 35/2014, explained that children are
not exploited in economy and sexual. It is clear that child labour that suffers
some children in Indonesia is prohibited. Child exploitation is the new
problems that caused by poverty, Indonesia is a country with a population of
approximately 28.07 million poorest people. They live on the poverty line
sustainable. Therefore, there is no wonder case of child exploitation in
Indonesia which is increased by the view of the economic status of the people
of Indonesia that is still unstable.
In another side, as a part of communities, there must be activities or
movements to stop and ban the child labour in Indonesia. It can be done by

21

individual or collective through NGO (Nongovernment Organization),


advocacy, petition, and for extremely, it can be done by demonstration. All of
activity which should be done has a same goal. It is to give children in
Indonesia to get their right for study, play with their friend, but not for work.
Then, parents also have a role to protect their children from all kind of
exploitation such as trafficking, sexual exploitation, and in economy field like
child labour. Parents should have knowledge and should know that children is
an important generation where their duty is to continue and develop culture
and civilization of human beings.
From all explanation of solutions above, it can be inferred that all of
them should participate one another to stop and ban child labour in Indonesia.
If all of participation have participated to prevent, stop, and ban child labour
in Indonesia, it can be clear that Indonesia will be better in social field.
Eventually, of course, in essence, as citizens of Indonesia, we must work
together to combat the exploitation of children together for the sake of the
children as the nation's future.

22

CHAPTER III
CONCLUSION
A. Conclusion
From a discussion in chapter II, the authors can draw a conclusion. Child
labour is one of social problem that some nation suffers especially in
developing countries including Indonesia. Child labour is a social problem
where children whom are employed by employer in dignity and sometime
harmful. In Indonesia, child labour has occurred for long time and until now;
there is no exact solutions to solve it although the government has tried to
minimalize it by making some regulation such as act. However, this problem
eradicates and suffers other variables so that it makes child labour more
complicated and complex.
There are some recent cases of child labour in Indonesia which have
been explained above in chapter II. For example, the child who is poisoned in
tobacco field, the child labour in manufacturing industry like PepsiCo, and for
the last is the children domestic workers suffer in silence. How poor they are.
All of cases are evidences that Indonesia has not been free from child labour
and the worst is all of cases are contrary with human rights.
From analysis, it can be known that there are some reasons that why
child labour is existing. They are high demand from employers who need
more employees with low wages, poverty in society, and lack of education for
children so that children can be influenced to be employees in some industry
with low wages and occasionally, they are got abuse and exploitation in high
level.
As a consequence, there are some effects or impacts from this problem
for children such as psychological effect and physical effect. In psychological
side, it can be known that children get a pressure while they work. The
pressure of working will make them stress and confused. After that, they also
deny an education like school or course. It will make them not clever, smart,
and decrease their skills or competences. From physical side, it can be known
that the children sometime get physical injuries and perhaps, they will be sick

23

of working. The low of their immune system will carry them to get a sickness
from other people.
However, there are still some solutions for this problem. The government
can do some act like make a regulation like act to stop and ban child labour.
Next, as a society, they can make a seminar, petition, and report to
government if they see a child labour around them. Moreover, the parents also
protect their children and educate them about the effect of child labour for
them as children. If all of elements such as government, society or
community, and family which is represented by parent can participate and
synergy, it is not impossible that in the future, there is no child labour case
again in Indonesia and in the world.
B. Recommendation
Based on conclusion which is written and explained above, the authors
can determine the recommendations are as follows:
1. This paper may lack of data and analysis validation so that it will be
required to be checked and corrected again in order to make this paper
better and more valid and reliable.
2. This paper is needed to be studied and researched more to improve
and enhance the quality so that it can be used and published for
government and society.
3. The authors will continue this project by using another analysis to
analyse the problems from other point of view in order to get a better
paper so that it will give more advantages to others.

24

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27

APPENDIX 1

Child workers poisoned


in tobacco farms

Hans Nicholas Jong


The Jakarta Post
Jakarta | Thu, May 26 2016 | 09:24 am
It is known that smoking causes cancer, stains teeth, causes
wrinkles and weakens sex drive. But did you know that the habit
of smoking also poisons thousands of children in Indonesia?
Children as young as 8 years old are working in Indonesias
tobacco farms, where they are exposed to potentially braindamaging and illness-causing effects from nicotine poisoning and
toxic pesticides, as well as dangerous physical work, Human
Rights Watch (HRW) said in a report released on Wednesday.
The 119-page report, titled The Harvest is in My Blood:
Hazardous Child Labor in Tobacco Farming in
Indonesia, documents how child tobacco workers are exposed to
nicotine, handle toxic chemicals, use sharp tools and work in
extreme heat.
The HRW interviewed 132 children aged 8 to 17 working in
tobacco farms in four provinces: West Java, Central Java, East
Java and West Nusa Tenggara.
Half of them reported nausea, vomiting, headaches or dizziness,

28

all symptoms consistent with acute nicotine poisoning from


absorbing nicotine through their skin. Some children missed
school or dropped out, the report said.
Aman, 18, for instance, said that he got violently ill while
harvesting tobacco at his fathers farm in Sumenep, East Java, in
2014 and had to be treated at a hospital.
I had to vomit but it wouldnt come out. It happened twice, last
year and the year before. I went to the hospital both times, he
said. Last year was the worst. They gave me oxygen and an IV.
My stomach felt hot and I was dizzy all the time.
Despite this, Indonesian and multinational tobacco companies in
Indonesia, such as Djarum, Gudang Garam, Bentoel and
Sampoerna, have failed to ensure that children do not carry out
hazardous work on farms in their supply chains.
Only multinational cigarette producers responded to the HRWs
request for a response.
Djarum and Gudang Garam did not respond at all despite our
repeated attempts to reach them. HRW childrens rights
advocacy director, Jo Becker, said.
The Jakarta Post had also reached out to Djarum for a response
but it declined to comment on the report.
The companies named in the report as sourcing from Indonesia
or owning Indonesian tobacco firms are Altria Group Inc., British
American Tobacco Plc, China National Tobacco Corp., Imperial
Brands Plc, Japan Tobacco Inc., Philip Morris International Inc. and
Reynolds American Inc. BAT, which makes the Dunhill, Lucky
Strike and Pall Mall brands, and Philip Morris, which produces
Marlboro, Parliament and Virginia Slims, respectively own or
control Indonesian companies PT Bentoel Internasional
Investama and PT Hanjaya Mandala Sampoerna.
Tobacco companies are making money off the backs and the
health of Indonesian child workers, said Margaret Wurth,
childrens rights researcher at the HRW and coauthor of the
report.

29

Therefore, the report recommended more vigilance, government


regulation and a ban on children under 18 handling tobacco. The
legal employment age in Indonesia is 15.
But pressure from human rights advocates alone will not be
enough to stop children from being exploited by the tobacco
industry.
Consumers could play a huge role in this issue as they have the
power to choose products that are made ethically and do not
pose a harm to children.
Right now we say that there are no cigarette brands that weve
encouraged to buy because they are child-labor free. They simply
dont exist, Becker said.
Multinational tobacco companies, such as Philip Morris, British
American Tobacco and Imperial Brands, said that they welcomed
the report.
We truly acknowledge more needs to be done, Philip Morris
sustainability officer Miguel Coleta said as quoted by Bloomberg.
It sheds light on a very important issue. By having more
visibility, we hope that others will be encouraged to make
improvements in reducing child labor.
He noted that the company had seen a significant reduction in
child labor incidents since it began four years ago to increase the
amount of tobacco it purchased from Indonesian farmers through
direct contract, which is now about 70 percent of its Indonesian
supply.
British American Tobacco said in a statement that the UK-based
company and its Indonesian subsidiary, Bentoel, took the issue of
child labor extremely seriously.
However, it also noted that children in Indonesia often
participated in agriculture to help their families, and to learn
farming methods and skills from their elders.
Indonesia Tobacco Community Alliance (AMTI) spokesman Agung

30

Suryanto said that children who helped their families in tobacco


farms should not be perceived as child workers.
These children are learning. So its not that simple. Its a cultural
thing because the skills of farming have to be inherited by the
next generation. Some of them still go to school and we see
theyre still smiling while giving testimonies [in the video of the
report]. Theres no suffering, he told the Post.

31

APPENDIX 2

PepsiCo supplier Indofood accused of child


labour, violations
PepsiCo's Indonesian snack manufacturing partner Indofood
has been accused of running plantations rife with child
labour, worker intimidation, and health and
safety violations.

Two men load fresh fruit bunches, each weighing up to 25 kg, into a truck on
Indofood's plantation in North Sumatra. Neither wear personal protective equipment.
Image: RAN
By Vaidehi Shah
Friday 10 June 2016

American food multinational PepsiCos Indonesia-made products are


linked to child labour, unethically low wages, and worker exploitation, a
new investigative report by environmental and labour rights groups has
found.
The report, titled The human cost of conflict palm oil: Indofood, PepsiCos
hidden link to worker exploitation in Indonesia and released on
Wednesday, found extensive labour violations on two palm oil plantations
operated by PT PP London Sumatra, a subsidiary of Indonesian food giant
Indofood.
Indofood is Indonesias biggest food company and one of the largest palm
oil growers in the world. The company is connected to PepsiCo through a
32

joint venture which makes it the sole manufacturer of PepsiCos snack


products in Indonesia.
The companys plantations cover a total area of 246,000 hectares in
Sumatra and Kalimantan and it has been expanding aggressively over the
past eight years by an average of 10,000 hectares of new palm oil
plantations annually.
The reports authors United States-based non-profit Rainforest Action
Network (RAN), OPPUK, an Indonesian labor rights advocacy
organization, and International Labor Rights Forum (ILRF) investigated
two of its plantations in North Sumatra by conducting field investigations
and interviews with a total of 41 workers.
They said that the reports findings highlight a pattern of egregious labor
violations on palm oil plantations across the globe.
Robin Averbeck, senior campaigner, RAN, said that this report reveals
that Indofood is violating the fundamental rights of workers on its palm oil
plantations, as PepsiCo watches on. The conditions on the Indofood
plantations reflect a disturbing system of abuse, where workers rights are
rarely respected, she added.
Both PepsiCo and Indofood side-stepped these claims. In responses
published in the report, PepsiCo pointed to its Palm Oil Action Plan,
launched last year, which says that all its palm oil suppliers in its supply
chain must uphold human rights standards, and are not allowed to use
forced or child labour on their plantations.
The company takes these commitments and any labour and human rights
concerns raised very seriously, it said.
While it claimed to have a history of appropriately engaging on such
matters, it did not elaborate on how it plans to investigate or address the
33

reports findings. It also did not respond to an Eco-Business query for


details by publication time.
RAN also noted that since Indofood is technically a joint venture partner
and not a supplier, PepsiCo does not require Indofood to implement
company-wide requirements for sustainable palm oil. It only has to ensure
that responsible palm oil is used to make PepsiCos products.
Indofood, too, declined to comment on the report, saying that as far as it is
concerned, it has complied with all Indonesian laws and regulations.
However, the reports findings show otherwise.
Documented violations
Investigators found that instead of hiring workers on a permanent basis
and paying them fairly, Indofoods subsidiary frequently hires people on
casual or limited-duration contracts even for core jobs such as harvesting
fruit, and applying pesticides and fertilisers.
About half the workers interviewed by investigators had temporary
contracts, or none at all. This arrangement pays less than half of what
permanent a permanent position would, and offers employees no job
security.

Investigators found that about half the workers they interviewed were on contracts
that offer no long-term job security or had no formal employment status. Image: RAN

At one of PT PP London Sumatras plantations investigated, the


company violated the districts minimum wage laws by paying workers
between 20 and 75 per cent less than the required amount.

34

Investigators also found that plantation owners have flouted Indonesias


laws on child labour, which set the minimum age for work at 15, and only
allow hazardous work from age 18 and above.
They observed children as young as 13 years old working on plantations,
and interviewed one 19-year old who said he had worked there since he
was 12.

A 13-year old boy works on the Indofood-owned plantation. Image: RAN

Much of this child labour was motivated by unreasonably high quotas


imposed on harvesters, the report found. These workers must collect a
minimum weight of fruit to be earn their wage.
In less productive periods, harvesters need to cover a larger expanse of
plantation to reach their daily quota. This is when they may pull their
children out of school to help out, and enlist their wives as well.
This report reveals that Indofood is violating the fundamental rights of
workers on its palm oil plantations, as PepsiCo watches on.
Many workers said they did not receive health and safety equipment from
plantation owners, even for hazardous tasks such as spraying highly toxic
pesticides or applying fertilisers. Several employees said they purchased
basic shoes and gloves with their own money.
All employees said they were not given health insurance - though this is
not standard practice in the industry - and when they faced health

35

problems arising from their work, they had limited access to on-site
company health services.
The Roundtable on Sustainable Palm Oil - the industry association for
certifying responsible palm oil - requires plantations to ensure adequate
medical amenities to workers..
PT PP London Sumatra also reportedly violated an international ruling
that employers are not allowed to intervene in the union membership of
workers. Indonesia has ratified the International Labour Organisations
convention which guarantees the Freedom of Association for workers.
Permanent plantation staff told investigators that they had been
automatically enrolled in an employer-dominated union when they joined
the company, and had fees deducted from their paychecks without their
consent.
This union did not represent their interests, and when workers tried to
approach independent unions, they said they were intimidated by the
company.
PepsiCo and Indofood may not be fully aware of the practices outlined in
this report, nor condone them, the authors acknowledged. But Averbeck
said that both companies must act without delay to address the egregious
worker abuse exposed on Indofoods plantations.
PepsiCo is widely regarded by green groups as a laggard on palm oil
sustainability. Despite its extensive sustainable Palm Oil Action Plan which
the company says will help it achieve zero deforestation, it ranked last on
a palm oil scorecard released by Greenpeace in March.
There was little evidence that Pepsicos palm oil is deforestation-free, and
the company fares poorly on tracing its supply back to
its source Greenpeace found. Traceability information is essential to
ensuring that a companys palm oil is not grown on illegally cleared land. It
also said the company needs to do more to ensure that suppliers comply
with its policy.
The labour abuse reports authors added: Indofood is now the largest
private palm oil company in Indonesia that has not strengthened its
policies or improved its practices to align with the new benchmark for
responsible palm oil.

36

To spur these companies to act, RAN is collecting signatures on


a petition urging PepsiCo chief executive Indra Nooyi to address the issue
urgently.
The investigative group also called on the Indonesian government to do
more to protect workers in the palm oil sector, a major source of revenue
and jobs for the archipelago nation.
Herwin Nasution, executive director, OPPUK, noted that as such a major
employer in the country, the Indonesian government should enact specific
labor laws to protect palm oil plantation workers, who face unique and
heightened risks from their geographic isolation.
Most urgent is the plight of women and child workers, said Nasution.
They perhaps suffer most under the impossibly high quotas and
unethically low wages, he added.
Eco-Business 20092016

37

APPENDIX 3

Child domestic workers


suffer in silence

Inga Ting
Contributor
Jakarta | Tue, February 16 2010 | 01:14 pm
Job opportunities: A sign printed on the glass window of a job
agency for domestic workers advertises for pembantu rumah
tangga (domestic workers).
One of the most serious challenges facing NGOs, social workers
and other organizations fighting to protecting child domestic
workers is the problem of access and monitoring. Hidden away in
their employers home, isolated from their families and forbidden
to socialize, these young workers are extremely vulnerable to
abuse and exploitation.
The motivation of an employer who recruits a child rather than
an adult is often to find someone who will work for less, who will
complain less, who is easier to order around, and who has fewer
social connections, reported Human Rights Watch in 2009.
Child domestic workers often come from impoverished villages
far from the cities where they work.
Most are forced to enter domestic work because their families
cannot afford school tuition fees and they have no skills or formal
qualifications.
Many child domestic workers are at the mercy of their employers.
CARE International Indonesias survey of 242 child domestic
workers in Tangerang found that almost 90 percent had no

38

written contract with their employer, 65 percent never had a day


off and 12 percent had experienced violence in their workplace. It
is also not uncommon for employers to forbid them to contact
their families, according to Human Rights Watch.
Every door in the house was locked and the mistress kept all
the keys. The only times I ever went out were to take the
garbage outside and even then, they always checked first to
make sure no one was around, Kaminah says.
Over a nine-month period in 2008, Kaminah was subjected to
malnutrition, vicious beatings and other psychological and verbal
abuse from her employers in Tangerang. The couple was jailed
for their horrific treatment of the then-15-year-old last April.
Every time my parents called, the mistress told them I was in
Bandung with her husband. So many times the phone would ring
and the mistress would say: Wrong number, wrong number. I
just had a feeling it was my parents trying to reach me,
Kaminah says.
One time, my father came to the house and the mistress told
him to go away, that I wasnt home.
Unaware of their rights and cut off from all support, many
children suffer alone and in silence.
The lady of the house was often mad at me, Kaminah says.
One time, she got angry while she was cooking. She asked me:
Why are you working so slowly?
Then she took the spatula she was cooking with and pressed it
against my face. It was covered in hot oil.
Abuse can also take other forms, including sexual or
psychological abuse. Kaminah recalls being terrified that her
family would never see her again when her employer told her she
was going to die in 10 days.
Weve already got a plot of land for you, she told the young
girl. We dont need to bury you; well just dump your body in.
Other times, her employer would mock her. You are so ugly,

39

she would say to Kaminah. If youre this ugly, I cant imagine


how ugly your family must be.
When asked why she thinks her employer said this, Kaminah
hesitates and looks at the ground.
At the time, my face wasnt really normalShe had beaten me
very badly a few days earlier and there were open wounds on my
head. They never allowed me to clean or treat the wounds
properly so they usually got infectedYou could smell the blood.
Although Kaminah was promised a salary of Rp 400,000 per
month, she never saw a penny of it. This is not an uncommon
tale, according to labor groups and NGOs, which say failure to
pay or paying less than promised is one tactic employers use to
discourage or prevent children from leaving.
However, there are some indications the struggle to protect
Indonesias child workers may be gaining momentum, with the
National Parliaments Commision IX confirming that domestic
workers are one of its top two priorities for 2010.

40

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