Indonesia, as one of the worlds largest archipelagic nations, plays a significant role in the global maritime industry. With thousands of Indonesian seafarers working on domestic and international vessels, it is essential to understand their rights and protections under Indonesian maritime law. This article explores the legal framework governing seafarers' employment, their rights, and dispute resolution mechanisms to ensure fair treatment and compliance with international standards.
Seafarers' employment and rights in Indonesia are primarily governed by:
- Law No. 17 of 2008 on Shipping This law regulates the maritime sector, including the rights and obligations of ship crew members.
- Law No. 13 of 2003 on Manpower (as amended by Job Creation Law No. 11 of 2020) Governs employment relationships, including those in the maritime sector.
- Minister of Transportation Regulation No. PM 84 of 2013 on Crew Recruitment and Placement Regulates employment agencies and contracts for seafarers.
- ILO Maritime Labour Convention (MLC) 2006 Ratified by Indonesia, this international standard ensures decent working conditions for seafarers.
1. Right to a Fair Employment ContractSeafarers must have a written employment agreement that outlines:
- Salary and benefits
- Working hours and rest periods
- Duration of the contract
- Terms of termination and repatriation
- Contracts must comply with Indonesian labor laws and international maritime standards.
2. Right to Fair Wages and CompensationSeafarers are entitled to fair wages that meet or exceed the minimum wage standards set by the Indonesian government. Payment must be made regularly, with clear details provided in wage slips. Employers must also provide compensation for overtime, injury, disability, or death.
3. Right to Safe and Decent Working ConditionsShipowners must ensure:
- A safe working environment that complies with maritime safety regulations.
- Adequate rest periods and proper accommodations on board.
- Access to medical care in case of illness or injury.
4. Right to Social Security and InsuranceUnder BPJS Ketenagakerjaan (Indonesias Social Security Agency for Workers), seafarers must be registered for:
- Work accident insurance
- Health insurance
- Pension and old-age security
5. Right to Repatriation and Legal ProtectionSeafarers have the right to repatriation if their employment contract ends, the shipowner terminates their employment, or in cases of emergency. Additionally, legal protections are in place for disputes regarding unpaid wages, contract breaches, or unfair dismissals.
Seafarers facing employment disputes can seek legal remedies through:
1. Negotiation with Employers Attempting to resolve issues amicably.
2. Indonesian Seafarers' Union (Kesatuan Pelaut Indonesia KPI) Provides legal support and advocacy for seafarers.
3. Indonesian National Arbitration Board (BANI) or Civil Court For contractual disputes.
4. Ministry of Manpower and Ministry of Transportation Can mediate and enforce labor regulations.
Seafarers play a crucial role in Indonesias maritime industry and global trade. Understanding their legal rights and employment protections is vital to ensuring fair treatment, safety, and professional growth. By complying with Indonesian maritime law and international standards, employers can foster a fair and sustainable working environment for Indonesian seafarers.
If you are a seafarer or an employer seeking legal assistance regarding maritime employment in Indonesia, Prayogo Advocaten Law Firm is here to help. Contact us today for expert legal advice.
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08 Feb 2025