Reconstruction of Labor Regulation and Supervision to Prevent Practices of Forced Labor Disguised as Internships for Children

Abstract

Internship practices or Field Work Practice (Praktik Kerja Lapangan/PKL) for vocational school students are essentially an educational means to bridge academic theory and industrial practice. However, realities in the field show the widespread misuse of this program as a means of exploitation and disguised forced labor by corporations. This study aims to examine gaps in labor regulations, analyze weaknesses in the supervisory system, and offer ideas for legal reconstruction centered on child protection. This Research Use a normative legal research method with statutory and conceptual approaches, this study finds that the ambiguity of time limits for internship activities in apprenticeship regulations, combined with sectoral ego between the Manpower Office and the Education Office, has created a jurisdictional vacuum. This condition is exploited by rogue companies to employ children as full-time workers without fulfilling their rights to wages, safety, or social security. As a solution, this study recommends radical regulatory reconstruction through three main steps: (1) establishing an Integrated Supervisory Team across agencies (Manpower Office, Education Office, and the Indonesian Child Protection Commission/KPAI); (2) strictly limiting physical internship hours to a maximum of 4–5 hours per day along with mandatory insurance; and (3) strict law enforcement by prosecuting violating corporations under the Criminal Act on Human Trafficking (TPPO Law) as well as civil liability instruments for restitution payments. This reconstruction is absolutely necessary to restore the dignity of vocational education and break the chain of modernday slavery against the nation’s youth.