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Edunity

Volume 2 Number 6, June 2023

p- ISSN 2963-3648- e-ISSN 2964-8653

Doi: https://doi.org/10.57096/edunity.v2i6.113

https://edunity.publikasikupublisher.com/index.php/Edunity/index

LEGAL PROTECTION OF STAYCATION VICTIMS (WOMEN

WORKERS) IN A CRIMINOLOGICAL PERSPECTIVE)

Adhalia Septia Saputri

Faculty of Law, Bhayangkara University Jakarta Raya, Indonesia

Email: [email protected]

ABSTRACT

Staycation or vacation at home is increasingly in demand by many people, including female

workers. However, this does not guarantee safety during the staycation. There is a risk of

crimes such as sexual harassment that can occur. Therefore, legal protection for staycation

victims needs to be considered, especially for female workers. This article discusses the legal

protection of staycation victims (female workers) in criminological theories such as sociological

theory, psychological theory, environmental theory, social control theory, and deterrence

theory, as well as a focus on feminist criminology. These theories can help understand the

causes of crimes against female workers in staycation environments and provide solutions for

better legal protection for victims. Therefore, it is important to develop policies and regulations

governing staycations so that female workers can feel safer when carrying out these activities.

In conclusion, legal protection of staycation victims (female workers) requires cooperation

between the community, security forces, government, and hotel staff in Creating a safe and

comfortable environment for staycations conducted by female workers. The research used in

this journal is juridical research normative.

Keywords: Legal Protection; Victim; Staycation; Criminology

Introduction

The term criminology was first used by a French anthropologist named Paul Topiward.

According to Paul, criminology comes from the word crimen which means

crime/criminal, and logos means science. Furthermore, Edwin Sutherland and Donald

R. Cressey mention criminology as: “... the body of knowledge regarding delinquency

and crime as a social phenomenon. It includes within its scope the process of making

law, breaking laws, and reacting to word the breaking of laws..." (Sutherland et al., 1992)

Based on the above, it can be concluded that criminology is oriented to:

1. Law making which can include a study of the concept of crime and who is the

lawmaker with factors that must be considered in making law; (Nurisman, 2022)

2. Violation of the law which can include who the perpetrator is and why the violation

of the law occurred, as well as what factors influence it;

3. Reactions to violations of the law through the criminal justice process and community

reactions.

Further in its development, in order to discuss the dimension of crime/criminals, known

as criminological theories.

Criminological theories have an important role in understanding and providing legal

protection to staycation victims. Some criminological theories that can be attributed to

the protection of staycation victims are as follows: (Purnamasari et al., 2023) Sociological

Theory views that crime occurs due to social factors that exist in society. In the context

of staycations, social factors such as poverty, injustice, and social class differences can be

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a trigger for crime (Febriyani, 2018). Therefore, the legal protection of the staycation ban

corps must involve improving social conditions in society;

1. Psychological Theory

The psychological theory views that crime occurs because of psychological factors

that exist in the perpetrator. In the context of a staycation, psychological factors such

as addiction, stress, and mental disorders can trigger crime. Therefore, legal

protection of staycation victims must involve rehabilitation and psychological

treatment for perpetrators of crimes; (Ntoumanis et al., 2021)

2. Environmental Theory

The environmental theory views that crime occurs due to environmental factors that

exist around the perpetrator. In the context of staycations, environmental factors such

as overcrowding, low security, and lack of supervision can trigger crime. Therefore,

legal protection of staycation victims must involve improving the surrounding

environment that is safer and more vigilante;

3. Social Control Theory

Social control theory views that crime occurs due to a lack of social control over the

behavior of the perpetrator. In the context of staycations, lack of supervision and law

enforcement can trigger crime. Therefore, legal protection of staycation victims

should involve increased surveillance and stricter law enforcement; and

4. Detergent Theory

Deterrence theory views that crime can be avoided if the perpetrator is threatened

with severe sanctions. In the context of staycations, strict law enforcement and severe

sanctions for criminals can be a way to prevent crime. Therefore, legal protection for

staycation victims must involve strict law enforcement and severe sanctions for

perpetrators of crime.

The purpose of this study is to find out: 1) How is the legal protection of staycation

victims, especially female workers, in a criminological perspective, 2) Why action occurs

crime, and 3) How the legal system combats the crime, taking into account

criminological factors such as victims, perpetrators, environment and other factors.

Research Method

The research used in this journal is normative juridical research (Sucipto et al., 2022).

The normative juridical research is carried out with 3 (three) approaches, namely: statute

approach, concept approach, and case study. The legal theories used as the basis for the

analysis of the three problem formulations are the Theory of Legal Certainty and The

Theory of Legal Protection Protection).

Result And Discussion

In the world of work, staycation victims are generally experienced by women who are

still contract workers in employment agreements. An employment contract agreement

is a written agreement made between a worker and an employer or employer, which

regulates the rights and obligations of both parties during the employment relationship

ongoing. In the employment contract agreement, there are clauses agreed by both

parties, such as salary levels, benefits, working hours, leave, and other provisions that

related to employment relations. Employment contracts play an important role in

establishing healthy and mutually beneficial working relationships between workers

and employers. Through this employment contract agreement, workers and employers

can know their rights and obligations clearly, so as not to avoid misunderstandings or

disputes later (Mustafa, 2022)

The employment contract agreement also serves as physical evidence of the agreement

between workers and employers, so that if there is a dispute or case in the future, then

the document employment contract can be used as evidence in the dispute resolution

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process (Dharmanto & Sari, 2023). However, keep in mind that the employment contract

agreement must be made in accordance with applicable laws and regulations, and does

not reduce the rights that have been guaranteed by law for workers. If there is a clause

that conflicts with statutory provisions, then the clause is considered invalid and invalid.

In general, an employment contract agreement is a form of ritten agreement between

workers and employers that is binding during the period of employment and is

regulated based on statutory provisions that apply (Nasution et al., 2021). Staycation is

one of the popular forms of work for female workers. However, staycation workers

often face the risk of various forms of harassment, by employers. Therefore, legal

protection for staycation victims is very important to do.

In the employment contract agreement, there are several things that can be done to

provide legal protection for staycation victims (Mulyani et al., 2021a):

First, the agreement must be clear and detailed about the rights that staycation workers

have, including the right to decent work and fair wages. In addition, the agreement must

also explain the limits that must be lived by the employer, such as not harassing or

extorting workers.

Second, the agreement must include a mechanism for complaints or reporting if there

is a violation on the part of the fish maj. So that staycation workers have a clear path to

report actions that are not in accordance with the employment contract agreement. This

is important to prevent injustice for staycation workers.

Third, the employment contract agreement can also include requirements for the

employer to undergo verification before becoming a staycation worker user. This

verification can be done by labor agencies or nongovernmental organizations that work

to protect workers' rights.

According to Williams III and Marilyn McShane, criminology theories are classified into

3 (three) groups, namely: (A’yun, 2021)

Abstract Theories or Macro Theories. Basically, the theories in this classification

describe the correlation between crime and the structure of society, including in the

macro theory Anomie theory, and Conflict Theory;

Micro theories are more concrete. This theory wants to answer why a person/group of

people in society commits a crime or becomes a criminal (criminal etiology). Concretely,

these theories tend to be more psychological or biological approaches. Included in these

theories are Social Control Theory and Social Learning Theory;

Bridging Theories are not included in the category of macro/micro theories and

describe the social structure and how one becomes evil.

However, the reality is that these theories often discuss epidemiology that explains the

rates of crime and the etiology of perpetrators of crime. Included in this group are

Subculture Theory and Differential Opportunity Theory.

In addition to the classification above, Frank P. William III and Marilyn McShane also

classified various criminological theories into 3 (three) more parts, namely: (Sari et al.,

2020)

1. Classical Theory and Positivist Theory

Basically, Classical Theory discusses legal statutes, government structures and

human rights. The positivist theory focuses on criminal pathology, coping, and

improving individual criminal behavior;

2. Structural Theory and Process Theory

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The structural theory focuses on the way societies are organized and the impact of

behavior. Structural theories are also commonly called strain theories because of

"Their assumption that a disorganized society creates strain which leads to deviant

behavior". Strictly speaking, the basic assumption is that society creates tension and

can lead to deviant behavior, while Proses Theory discusses and explains, and

analyzes how people become evil;

3. Consensus Theory and Conflict Theory

Consensus theory uses the basic assumption that in society there is

consensus/agreement so that there are general values that are then mutually agreed.

Furthermore, conflict theory has a different basic assumption that in society there is

little agreement and people who hold to the value of opposition.

In addition, by comparison, John Hagan classifies criminological theories into:

(Mangkepriyanto, 2019)

1. Theories Under Control or theories to overcome evil behavior, such as Social

Disorganization Theory, Neutralization Theory, and Social Control Theory. Basically,

these theories discuss why some people break the law, whereas most people do not;

2. Theories of Culture, Status, and Opportunity, such as Frustration Status Theory, Class

Culture Theory, and Opportunity Theory emphasize why a small percentage of

people oppose the established rules of the society in which they are live/live;

3. Over Control Theory which consists of the principles of Labeling Theory, Group

Conflict Theory, and Marxist Theory. These theories put more emphasis on the issue

of why people react to evil.

From the classification above, it can be concluded that one classification and another

classification are not identical / the same. It was this aspect of the main theorist

(personal dramatic) that triggered it. In addition, the classification of theories is also

influenced by the subjectivity of the person who performs the classification, so it is

relatively dichotomous and artificial.

Based on the description of criminological theories above, according to researchers who

are factors that cause female workers to often be subjected to criminal acts, such as sexual

harassment So that the victims of staycation that are being updated are as follows:

Poor citations/criteria or standards in the recruitment process and selection of

prospective contract employees. Some companies cut the selection stage to find

prospective contract employees faster, including background checks and official

references;

Weak positions, make contract employees more susceptible to harassment or

intimidation by superiors because the type of contract employment is not permanent or

uncertain;

Unclear work performance arrangements, with uncertainty over whether contracts will

be renewed or not, making contract workers feel trapped and easily victims of abuse;

Lack of strict rules related to the protection of contract employees from harassment or

intimidation, or even the absence of guarantees of welfare and other rights; Ignorance

or incomprehension of superiors about the rights of contract employees, including rights

that must be respected and protected by the company; Difficult economic conditions,

make some people more likely to 'cheat' to keep office, exceed applicable rules, or

include an element of subjectivity in the assessment of work performance;

Gender discrimination, especially if the employer holds conservative views and

discriminates against female workers; and A work environment that is poorly

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supervised or accustomed to unethical and unprofessional behavior, which makes

harassment prevalent and repeated.

The legal system that can be used to protect staycation victims (women workers) is a

legal system based on justice, equality, and protection of women's workers' rights. The

legal system must have clear rules and regulations so that the rights of women workers

are protected and not abused by employers. Whereas the Ground Norm states that every

Indonesian citizen has the right to feel safe and free from violence in accordance with

the philosophy of Pancasila and the 1945 Constitution; that any violence, particularly

domestic violence is a form of violence against human rights, and is categorized as a

crime against the dignity of the human being. humanity and discrimination that must

be eliminated; Most victims of domestic violence are women, and they should get more

serious attention and protection from the government, or society to avoid threats and

violence, torture, or abuse of human dignity. (Ismiati, 2020)

Furthermore, the existence of a Certain Time Work Agreement (PKWT) form states that

an agreement is written between the commitment-making official as the one who makes

it and self-managed workers. In this case, female workers with contract status often

experience criminological actions such as harassment, the implementation of the PKWT

system which is often used in institutions that are useful for agencies to make a profit

when the cost of employment of employers is low because employers do not need many

employees who are considered ineffective and efficient so that provide benefits to

entrepreneurs (Mulyani et al., 2021b). The tendency of some companies to hire

employees with an outsourcing system currently is generally motivated by the

company's strategy to make products cost-efficient. (Ningsih & Herlinda, 2020) Such is

the case with staycation victims.

Some things that can be done by the legal system to protect the staycation of female

workers, among others, are as follows: The legal system should provide clear and

reasonable limits on working hours for female workers. These limits must consider the

safety and health aspects of female workers so that fatigue or work accidents do not

occur that adversely affect their health; The legal system must ensure that women

workers are fairly compensated for the work done. It aims to improve the welfare of

women workers and avoid discrimination in terms of wage payments;

Protection against harassment and discrimination The legal system should protect

female workers from physical and verbal abuse, as well as discrimination by employers

or other co-workers. It is important to ensure that women workers can work comfortably

and safely;

The legal system should establish adequate health and job safety requirements for

female workers. Such requirements should consider the risks that may occur during

employment, including health and safety risks from the use of heavy equipment or

occupational environmental hazards; and Protection of wages and employment rights.

The legal system should ensure that women workers have the right to wages and other

work rights, such as health benefits and leave. Employers must fulfill their obligations

towards women workers and must not violate their rights.

With a strong and clearly defined legal system, female worker staycations can obtain

adequate protection in terms of employment and employment agreements. This will

help improve their well-being and quality of life, and support the creation of a fair and

safe working environment.

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Conclusion

Legal protection for staycation victims, especially female workers, from a criminological

perspective, is that legal protection for staycation victims really needs to be done

through an employment contract agreement that is clear and binding for both parties.

The agreement should list the rights and obligations, as well as the mechanism for

complaints of violations that occur if any. In addition, verification of employers can also

be an effort to protect the rights of staycation workers.

Until such actions occur due to weak factors, it makes contract employees more easily

subject to harassment or intimidation of superiors, because of the type of work contract

is not permanent or uncertain; Furthermore, work performance arrangements are not

too bad, with uncertainty whether the contract will be renewed or not, making contract

workers feel trapped and easy to become victims of harassment, as well as strict laws

related to the protection of contract employees from harassment or intimidation, or even

the absence of guarantees of welfare and rights other.

The legal system in combating such crimes, considering criminological factors such as

victims, perpetrators, environment, and other factors is in the same legal system and

clearly defined, korban Staycation female workers can obtain adequate protection in

terms of employment and employment agreements. This will help improve their well-

being and quality of life, and support the creation of a fair and safe working

environment.

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