ANALISIS YURIDIS PERTANGGUNGJAWABAN HUKUM PERUSAHAAN PENEMPATAN PEKERJA MIGRAN TERKAIT KETIDAKSESUAIAN JAM KERJA YANG DIALAMI ABK INDONESIA DI KAPAL ASING

Abstract

The number of people who want to become PMI, especially in the maritime sector, is not in line with knowledge, laws and procedures to protect crew members who work abroad, so that this condition results in legal problems such as what happened on the Long Xing 629 Ship related to the inconsistency of working hours experienced by Indonesian crew members. This study aims to find out the responsibility of P3MI for violations committed by Employers. This research is a normative juridical research through a legislative approach and a case approach. The results of the study explain that the Employer is the party that must be responsible for the violation of working hours experienced by the Long Xing 629 crew from Indonesia. This is due to inconsistencies in the Employment Agreement and it can be said that the Employer has breached the contract.  The placement of PMI that is not in accordance with the employment contract is the responsibility of P3MI, because placing PMI is not in accordance with the type of work contained in the employment contract. When working abroad, P3MI and the employer are the parties obliged to provide legal protection to the crew, but in this case they are actually relieved of responsibility. The legal efforts made by the ABK to defend their rights are diplomatic and consular efforts carried out by the Representative of the Republic of Indonesia.

Keywords: Legal Protection, Crew, Foreign Fishing Vessel, Protection of Indonesian Migrant Workers