Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia

Research Article

Legal Protection of the Rights and Obligations of Ship Crew Based on Government Regulation No. 22 of 2022 Concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews

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  • @INPROCEEDINGS{10.4108/eai.28-10-2023.2341713,
        author={Lucky  Ferdiles and Firdaus  Addar},
        title={Legal Protection of the Rights and Obligations of Ship Crew Based on Government Regulation No. 22 of 2022 Concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews},
        proceedings={Proceedings of the 3rd Multidisciplinary International Conference, MIC 2023, 28 October 2023, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2023},
        month={12},
        keywords={legal protection well-being ship's crew},
        doi={10.4108/eai.28-10-2023.2341713}
    }
    
  • Lucky Ferdiles
    Firdaus Addar
    Year: 2023
    Legal Protection of the Rights and Obligations of Ship Crew Based on Government Regulation No. 22 of 2022 Concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews
    MIC
    EAI
    DOI: 10.4108/eai.28-10-2023.2341713
Lucky Ferdiles1, Firdaus Addar1,*
  • 1: Universitas Borobudur
*Contact email: faddar219@gmail.com

Abstract

Ship Crew, and/or Migrant Workers, specifically referring to the ILO Convention on migrant workers of 1949 (no. 97) in article 11 are people who migrate from one country to another to work. Terminologically, Indonesian Migrant Workers are people who move to other areas, both within and outside the country, either legally or illegally to work for a certain period. Apart from that, it is controlled in Regulation Number 39 of 2004 concerning the Arrangement and Security of Indonesian Labors Abroad vide Article 1 section (1) which expresses that the meaning of Indonesian Specialists (TKI) is each Indonesian resident who meets the prerequisites for business. working abroad in a business relationship for a specific period and getting compensation. In reality, the welfare of Ship Crews has not received a profitable portion in every agreement contained in the Sea Work Agreement, there are still many Ship Crews who are paid less than most workers on land. Over time, changes (reforms) need to be made that can guarantee the welfare of crew members who work on merchant ships, commercial ships, and cruise ships, so that they are no longer only within the scope of migrant workers, but must also be able to be changed and treated as ship crew members fully following the maritime paradigm or nautical insight. Reform of laws and regulations is an effort to realize the protection of human rights.