PERLINDUNGAN HUKUM TERHADAP ANAK BUAH KAPAL (ABK) INDONESIA YANG BEKERJA DAN MENGALAMI PERBUDAKAN MODERN (MODERN SLAVERY) DI KAPAL PERIKANAN ASING
Abstract
Indonesian sailors generally work as fishermen on foreign vessels. Fishing is the
most dangerous, dirty and difficult job in the world. About 15 million are involved in marine
fishing. The practice of violating human rights in the form of modern slavery often occurs
and is experienced by crew members on foreign fishing vessels. In this case, in 2020
Indonesian crew members worked on Chinese ships. In detail, there are 46 Indonesian crew
members working on the ship. Cases experienced by Indonesian crew members include
unpaid salaries, threats and intimidation during work, inappropriate working conditions,
physical violence or inhumane treatment or violations of human rights.
Preventive efforts from Indonesia can be carried out by supervising the manning
agency as a company for placing ABK on Chinese ships by strengthening institutional
strengthening, which can be done by affirming the authority to issue permits for companies
to recruit and place crew members by the Ministry of Manpower and BP2MI through the
Government Regulation on the Placement and Protection of Crews on Fishing Vessels. . The
repressive efforts are by pursuing diplomatic and consular efforts as well as ratification of
the ILO Number 188 of 2007 concerning Work in Fishing and ratifying the convention that
regulates the protection of crew related to ship safety (CTA 2012).
This type of research is normative legal research using research methods on legal
principles, namely the principle of passive nationality. The data collection technique in this
research is literature study, reviewing, analyzing and analyzing the data qualitatively and
drawing conclusions deductively. From the results of the research problem, there are three
main things that can be concluded. First, the regulation of international legal protection for
Indonesian crew members who work and experience modern slavery on foreign fishing
vessels, namely preventive legal protection and repressive legal protection. Second, the
regulation of international legal protection for Indonesian crew members who work and
experience modern slavery on foreign fishing vessels. Third, the problems faced by the
government with assistance through the role of state institutions in providing legal
protection to Indonesian crew members who work and experience modern slavery on foreign
fishing vessels.
Keywords: Legal Protection, Ship's Crew (ABK), Modern Slavery, Foreign Fishing
Vessels
most dangerous, dirty and difficult job in the world. About 15 million are involved in marine
fishing. The practice of violating human rights in the form of modern slavery often occurs
and is experienced by crew members on foreign fishing vessels. In this case, in 2020
Indonesian crew members worked on Chinese ships. In detail, there are 46 Indonesian crew
members working on the ship. Cases experienced by Indonesian crew members include
unpaid salaries, threats and intimidation during work, inappropriate working conditions,
physical violence or inhumane treatment or violations of human rights.
Preventive efforts from Indonesia can be carried out by supervising the manning
agency as a company for placing ABK on Chinese ships by strengthening institutional
strengthening, which can be done by affirming the authority to issue permits for companies
to recruit and place crew members by the Ministry of Manpower and BP2MI through the
Government Regulation on the Placement and Protection of Crews on Fishing Vessels. . The
repressive efforts are by pursuing diplomatic and consular efforts as well as ratification of
the ILO Number 188 of 2007 concerning Work in Fishing and ratifying the convention that
regulates the protection of crew related to ship safety (CTA 2012).
This type of research is normative legal research using research methods on legal
principles, namely the principle of passive nationality. The data collection technique in this
research is literature study, reviewing, analyzing and analyzing the data qualitatively and
drawing conclusions deductively. From the results of the research problem, there are three
main things that can be concluded. First, the regulation of international legal protection for
Indonesian crew members who work and experience modern slavery on foreign fishing
vessels, namely preventive legal protection and repressive legal protection. Second, the
regulation of international legal protection for Indonesian crew members who work and
experience modern slavery on foreign fishing vessels. Third, the problems faced by the
government with assistance through the role of state institutions in providing legal
protection to Indonesian crew members who work and experience modern slavery on foreign
fishing vessels.
Keywords: Legal Protection, Ship's Crew (ABK), Modern Slavery, Foreign Fishing
Vessels
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