Post Ratification of Maritime Labour Convention 2006 in Indonesia: How National Shipping Industry Struggling to Comply
Dr. Lina Hastuti., S.H., M.H. (a) Dr. Enny Narwati., S.H., M.H. (b) A. Indah Camelia, S.H., M.H. (c)
Faculty of Law - Universitas Airlangga
Abstract
On 2016, Indonesia ratified Maritime Labour Convention (MLC) 2006 into force by Act No.15/2016. Consequently, the convention become legal source for minimum standard treatment for seafarer who involved in shipping industry in Indonesia. The convention known as “the bill of rights of seafarer” clearly declared the obligation of employers and contracting states to comply certain condition set up by the MLC 2006. Therefore, at August 2018, the Director General of Sea Transportation issued a regulation NO.: HK. 103/3/ 13/DJPL-18 regarding the Procedure of Certification for seafarer according to MLC 2006. The rules lead to a new challenge for national shipping industry to maintain their business on track, when a certain capital investment required to comply with MLC 2006. Indeed, Data from the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI) shows that 80% of Indonesian migrant workers identified as seafarer. Then it found some of them receive less than minimum standard based on their contracts. Before MLC 2006, the law instrument to protect the seafarers rights as labour govern by sectoral rules, such as : Merchant Shipping (Minimum Standards) Convention, 1976, Seafarers Hours of Work and the Manning of Ships Convention, 1996, etc. On the other hand, Indonesia government never has particular regulation concern for seafarer, consequently the protection provide by government for these worker very minimum.
Keywords: MLC 2006 (Maritime Labour Convention), seafarer, comply
Topic: Law, Police and Forensic