Tinjauan Atas Perlindungan Hukum terhadap Pekerja Anak pada Industri Pertambangan di Republik Demokratik Kongo Berdasarkan Konvensi International Labour Organization (ILO)

Abstract

Child labor remains prevalent in several countries, particularly within the mining sector, including in the Democratic Republic of the Congo (DRC) and Indonesia. Both nations record a considerable number of child laborers and have ratified key international human rights instruments addressing this issue, such as the 1989 Convention on the Rights of the Child (UNCRC) and the conventions of the International Labour Organization (ILO). This study seeks to examine three main research problems: first, the historical and juridical foundations of the International Labour Organization’s (ILO) competence in addressing child labor; second, the relevance and implementation of the ILO’s competence in protecting child laborers within the contexts of the DRC and Indonesia; and third, a comparative legal analysis of child labor protection frameworks in both countries based on ILO conventions. The research method applied is normative legal research, employing the statute approach, conceptual approach, and comparative approach. The study relies on secondary data consisting of primary, secondary, and tertiary legal materials, which are analyzed qualitatively to provide a comprehensive understanding of the implementation of child labor protection. The study finds that the International Labour Organization (ILO), established in 1919 as part of the Treaty of Versailles and now operating under the United Nations (UN), holds juridical competence in protecting child workers through international conventions ratified by its member states—particularly ILO Convention No. 138 (1973) on the Minimum Age for Employment and ILO Convention No. 182 (1999) on the Elimination of the Worst Forms of Child Labour. The relevance of the ILO’s competence is reflected in its role in addressing child labour in the mining sectors of both the Democratic Republic of the Congo (DRC) and Indonesia. In the DRC, child labour in cobalt mining persists due to extreme poverty, weak law enforcement, and economic dependence on artisanal mining. In Indonesia, child labour also occurs in sand and coal mining, despite government programs aimed at eradication and expanding access to education. Both countries have ratified ILO Conventions No. 138 and No. 182, aligning their legal frameworks with ILO standards. Comparatively, Indonesia is more effective than the Democratic Republic of the Congo in protecting child workers, Indonesia supported by a stronger legal framework and greater public awareness, while the DRC faces institutional and cultural limitations in enforcing child labor protections.