KEGAGALAN PERLINDUNGAN HUKUM BAGI AWAK KAPAL INDONESIA SEBAGAI IMPLIKASI DARI DISHARMONISASI MEKANISME PEREKRUTAN AWAK KAPAL

Abstract

Indonesian Ship Crew who work on foreign vessels often get slavery in their work environment. This slavery took the form of inhumane working hours, wages that were not comparable to his work, lack of and / or lack of adequate rest hours, to unclear employment contracts, creating an injustice and legal uncertainty for these Indonesian Shipmen. The delivery mechanism of different crew members makes it difficult to monitor each crew working on foreign vessels, even though many rights should be obtained by the crew from the Indonesian Government, which in fact is lacking or not even obtained and felt by them. This study aims to analyze the rights that should be obtained by Ship Men from the Government of Indonesia even though the mechanism of sending Ship Men to work on foreign vessels through different routes. Indonesia has several laws and regulations relating to migrant workers and has ratified several international conventions to protect every Indonesian citizen who works as a submarine on a foreign ship. This research uses normative method. This research shows that the laws and regulations overlap between one regulation with another, causing legal uncertainty which results in protection for crew members that are difficult to guarantee.
Keywords : Ship Crew, Right, Recruitment Mechanism