CD Skripsi
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. Thus, legal
protection for ABK is very urgent to be carried out so that cases of fraud and
inhumane acts do not happen again to Indonesian ABK. Legal protection can be
carried out by the country of the ship's flag, the country where the incident
occurred and the country of origin of the crew.
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, in the case experienced by Indonesian crew on foreign fishing vessels, the
next step can be done by examining the problems of the government 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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