In study This researcher try explain how Indonesia's policy in protection worker Indonesian migrants working on ships foreigners and Indonesia's readiness to ratify ILO convention 188 in particular related worker catcher fish. Indonesian Migrant Workers (PMI), formerly known as Indonesian Migrant Workers (TKI), are looking for jobs abroad as daily jobs due to the lack of job opportunities in their own country. Indonesian migrant workers working as ship crew aim to receive higher salaries than working domestically. examining legal principles and norms. From the research results can be recommended that by ratifying ILO Convention 188, there is a post-ratification obligation in the form of reporting to the ILO regarding Other facts show that crew members who work on domestic and foreign vessels often become victims of human trafficking in the fishing industry. They are very vulnerable to exploitation and become victims of human rights violations and sexual violence. Crews also face difficulties in many ways due to low wages, gender discrimination, workplace violence, forced wage deductions. This is due to weak agreed maritime employment contracts and a lack of government oversight. The method used in this research is normative legal research method. This method is carried out to examine literary sources, namely by the implementation of instruments and decisions taken by the government so as to strengthen the protection of the rights of fishing crews.
Published in | Humanities and Social Sciences (Volume 11, Issue 3) |
DOI | 10.11648/j.hss.20231103.16 |
Page(s) | 104-113 |
Creative Commons |
This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited. |
Copyright |
Copyright © The Author(s), 2023. Published by Science Publishing Group |
Policy, Worker Migrant, Boat Foreign, Ratification
[1] | Muhar Junef, Enforcement Law in Order Setup Room To use Realizing Sustainable Development, Journal Study Laws of De Jure Vol. 17 No. 4 of 2017: 375. |
[2] | Muhar Junef, Implementation Axis Maritime In Perspective Policy, Journal Study Laws of De Jure Vol. 19 No. 3 Years 2019: 303. |
[3] | Oki Pratama, Conservation Waters as Effort Guard Potency Indonesian Maritime Affairs and Fisheries, Directorate General Management Room sea. https://kkp/go/id/djprl/article/21045-conservasi-water-as-effort-potency-naritime affairs and fisheries indonesia. |
[4] | Riza Amelia, Ade Irma Fitriani, and Bayu Sujadmiko, Protection Right Child Fruit Boat in Framework National Law and Law International, LPPM Unila (2018). |
[5] | BNP2TKI, Placement and Protection Data Worker Indonesian Migrants (PMI) Know 219, National Agency for Placement and Protection of Indonesian Migrant Workers (2020): 16-18. |
[6] | Yuni Indri Astina, Internal State Responsibilities Protect Child Fruit Ship (ABK) On Ship Perspective Right Fundamental Human, Faculty Law University Airlangga Surabaya, Thesis 2020. |
[7] | Djodjo Suwardjo, John Haluan, Indra Jaya, and Soen'an H. Poernomo, Study of Fatal Accidents, Prevention and Mitigation Accident Ships Catcher Free Fish _ Operations at PPP Tegalsari, PPN Pekalongan and PPS Cilacap, Journal Maritek Vol. 10 No. 1 of 2010: 61-72. |
[8] | Gustika Savitri, Protection Law Child Fruit Indonesian Ship on Ship Taiwan Fisheries, JOM Faculty Law Vol. 4 No. 1 Year 2019: 1-15. |
[9] | Daniel Surianto and Ida Kurnia, "Legal Protection of Indonesian Crews on Foreign Ships in the Perspective of National Law," Jurnal Hukum Adigama Vol. 4, No. 1 (2021): 1667–1691. |
[10] | Muhar Junef, Study of Human Smuggling Practices in Indonesia,” Journal of Legal Research De Jure 20, No. 1 (2020): 85. |
[11] | Lusy KFR Gerungan, "Territorial Jurisdiction Over Foreign Ships in the Prevention of Illegal Fishing in Indonesian and Philippine Waters," Lex et Societatis iv, No. 7 (2016): 12–23. |
[12] | M. Ambari, "How important is international protection for Indonesian Abk abroad," Https://Ww.Mongabay.Co.Id/2018/01/08/Sepenting-Are-protection-International-For-Abk-Indonesia -Abroad/ |
[13] | A. A. Titah Ratihtiari and I Wayan Parsa, "Legal Protection of Indonesian Migrant Workers Abroad," Kertha Semaya: Journal of Legal Studies 7, No. 7 (2019): 1. |
[14] | Connie De La Vega and Conchita Lozano-Batista, “Advocates Should Use Applicable International Standards to Address Violations of Undocumented Migrant Workers' Rights in the United States,” Refugees and Human Rights 10, No. 1 (2006): 517–550. |
[15] | Puskapol UI., “Problems of Migrant Workers in Indonesia: Identification of Problems of Migrant Workers. Puskapol.Ui.Ac.Id/Wp-Conten/Uploads/2014/Fact-Sheet-2.Pdf Accessed Thursday, 16 Feb 2023. |
[16] | Koesrianti, "Obligations of Sending Countries and Receiving Countries for the Protection of Migrant Workers," Journal of Diplomacy. Journal of the Ministry of Foreign Affairs Vol. 2, No. 1 (2010): 1. |
[17] | BPHN, Final Report on Legal Analysis and Evaluation Concerning the Protection of Rights and Safety of Migrant Workers, 2016. |
[18] | Atik Krustiyati, "Optimizing the Protection and Legal Assistance of Migrant Workers through the Promotion of the 2000 Migrant Workers Convention," Journal of Dinamika Hukum 13, No. 1 (2013): 136–147. |
[19] | Graceyana Jennifer Clara Indira, Fajar Sugianto, "Failure of Legal Protection for Indonesian Ship Crews" 2, No. 2 (2015). |
[20] | Krustiyati, “Optimizing the Protection and Legal Assistance of Migrant Workers through the Promotion of the 2000 Migrant Workers Convention. |
[21] | Https://www.Mongabay.co.id/2018/10/05/really-government-protection–for–ABK–Indonesian–still–no–maximum, access on Juni 15, 2022. |
[22] | Arum Nur and Fadilah Muis, "Protection and Enforcement of Human Rights Against Cases of Enslavement of Indonesian Ship Crews on Foreign Ships" Vol. 3, No. 12 (2022): 988–999. |
[23] | BNP2TKI, Data on Placement and Protection of Indonesian Migrant Workers (PMI) for 2019. |
[24] | Albert Y. Bonasahat, Indonesia: Decent Work for Indonesian Migrant Workers,” International Labor Organization, ASIA-PACIFIC DECENT WORK DECADE 2006-2015 (2015): 3–6. |
[25] | Augustine Merdekawati, Susilo Andi Darma, Vivin Purnamawati, Irkham Afnan Trisandi Hasibuan, "The Role of the Job Creation Regime in Ending the Overlapping Permits of Manning Agent Crews of Migrant Fishing Boats." Vol. 6, No. 2 (2022): 93–121. |
[26] | Fitri Soulina and Nadia Yovani, “Forced Labor Practices of Indonesian Migrant Fishing Vessels Crew on Taiwan-Flagged Ships? A Need for Cognitive Framework Transformation,” Journal of Social Studies (JSS) 16, No. 2 (2020): 157–182. |
[27] | Directorate of Sea Transportation, Indonesian Ministry of Transportation. At. https://Pelaut.Dephub.go.id. |
[28] | Frantzeskou E, Jensen OC and Linos A (Health Status and 2016) Occupational Risk Factors in Greek Small Fisheries Workers. International Maritime Health 67 (3): 137-143. |
[29] | Marschke M and Vandergeest P (2016) Slavery Scandals: Unpacking Labor Challenges and Policy Responses within the off-Shore Fisheries Sector. Marine Policy 68: 39-46. |
[30] | Campling L and Colás A (2018) Capitalism and the Sea: Sovereignty, Territory and Appropriation in the Global Ocean. Environment and Planning D: Society and Space 36 (4): 776-794. |
[31] | Kaustell KO, Mattila TE and Rautiainen RH (2016) Occupational Injuries and Diseases among Commercial Fishers in Finland 1996–2015. International Maritime Health 67 (3): 163-170. |
[32] | Pauly D, Belhabib D, Blomeyer R, et Al. (2014) China's Distant-Water Fisheries in the 21st Century. Fish and Fisheries 15 (3): 474-488. |
[33] | Marschke M, Vandergeest P, Havice E, et Al. (2021) COVID-19, Instability and Migrant Fish Workers in Asia. Maritime Studies 20 (1): 87-99. |
[34] | Thomas G, Weiss, "Governance, Good Governance and Global Governance: Conceptual and Actual Challenges, "Thinking about Global Governance: Why People and Ideal Matter Vol. 21 No. 5 (2012): `68-`89. |
[35] | Friends and Earth Asia Pacific. 2020, “A Briefing on Longxing 629: A. Case of Illegal, Unreported and Unregulated (IUU) Fishing Activities and Related Human Right Abuses on a Tuna Longliner. Available at Hrn.or.Jp/Eng/Wp-Content/Upload, Accessed Thursday 16 Feb 2023. |
[36] | Ade Irma Junida, “Ministry of Marine Affairs and Fisheries-ILO Arranges Regulations to Protect Seafarers in Indonesia. 2021. https://www.Antaranews.com/news/2441089/Komeko-Marves-ilo-arranges-regulations-proyects-seafarers-in-indonesia. |
[37] | Eny Kusdarini, Chandra Puspitasari, Sri Dewi Wahyu Krida Sakti, dan Purwaningdyah Murti Wahyuni, The Urgency of Legal Literacy for Indonesian Migrant Workers through Distance Education,” Fiat Justisia: Journal of Legal Studies 15, No. 4 (2021): 399–416. |
[38] | Firman M (2017) Government Immediately Ratifies ILO Convention to Protect Fishermen. Katadata.Com. Available at: https://Katadata.co.id/Pingitaria/Berita/5e9a56795c139/Pemerintak-Segera-Ratifikasi-Konvensi-Ilo-Untuk-Lindungi-Nelayan, Accessed 10 January 2023. |
[39] | Cindy Margareta Putri, "The Role of the International Labor Organization (ILO) Against Human Rights Violations in the Form of Human Trafficking in Ship Crews (ABK)," Thesis (2016), http://e-journal.uajy.ac.id. |
[40] | Mathew S (2010) From Informal 'Co-Adventurers' to Formal Workers? ILO's Work in Fishing Convention, 2007. Economic and Political Weekly 45 (5): 49-55. |
[41] | Vandergeest P, “Law and Lawlessness in Industrial Fishing: Frontiers in Regulating Labor Relations in Asia.,” International Social Science Journal 68, No. 1 (2018): 229–230. |
[42] | Margie Mason and Martha Mendoza Robin McDowell, “AP Investigation: Slaves May Have Caught the Fish You Bought,” https://www.ap.org/explore/seafood-from-slaves/ap-investigation-slaves-may-have-caught-the-fish-you-bought.html, accessed January 10, 2023. (2015). |
[43] | International Labor Organization, Guidelines on Flag State Inspection of Working and Living Conditions on Board Fishing Vessels, 2017. |
[44] | Melissa Marschke Peter Vandergees, “Beyond Slavery Scandals: Explaining Working Conditions among Fish Workers in Taiwan and Thailand,” ElSEVIER Journal (201 9). |
[45] | European Commission, Press Releases - Press Release - EU Acts on Illegal Fishing: Yellow Card Issued to Thailand While South Korea & Philippines Are Cleared, 2015, http://europa.eu/rapid/press-release_IP-15-4806_en.htm |
[46] | Department of State United States of America, “Trafficking in Persons Report June 2018. Via State.Gov/Wp-Content/Uploads/2019/01/282798.Pdf, Accessed January 11, 2023. |
[47] | Lilis Khalisotussurur, “Indonesia is Urged to Ratify the ILO Convention, Prevent Slavery of Fishing Ship Workers. GRESNEWS,” https://Www.Gresnews.Com/News/Legal/97913-Indonesia-Used-Ratification-Convension-Ilo-prevent-Resistance-Workers-Ship-Fish/Accessed January 11, 2023. |
[48] | Imanuel Nicolas Manafe, “Ministry of Foreign Affairs Returns 31 Indonesian ABK from Trinidad and Tobago,” File:///C:/Users/USER/Downloads/Kemlu%20Pulang%2031%20ABK%20WNI%20dari%20Trinidad%20and%20Tobago.Pdf Retrieved January 11, 2023. |
[49] | Aghnia Adzkia, “ABK Victims of Violence, Government Urged to Sign ILO Conventions. 2015, Through CNN Indonesia.Com. Available at: https://Www.Cnnindonesia.Com/Nasional/20150409015134-20-45274/Abk-Korban-Violence-Government-Didesak-Teken-Convention-ILO, Accessed 11 January 2023. |
[50] | Hikmahanto Juwana, "State Obligations in the Process of Ratifying International Treaties: Ensuring Harmony with the Constitution and Transforming into National Law," Law: Journal of Law 2, No. 1 (2019): 1–32. |
[51] | Gustika Safitri, "Legal Protection of Ship Crews on Taiwanese Fishing Vessels," JOM Faculty of Law VI, No. 1 (2019): 1–15. |
[52] | Greenpeace in collaboration with SBMI., “Forced Labor at Sea: The Case of Indonesian Migrant Fishers,” 2021. |
[53] | Cabinet Secretary of the Republic of Indonesia, Jdih.Setkab.go.id. 2022. |
[54] | Indonesia Ocean Justice Initiative, Improving the Management of Protection of Indonesian Crews on Foreign Fishing Vessels. Report, Indonesia Ocean Justice Initiative, Jakarta, 2020. |
[55] | Yuliana Flowers, Idris, Akhmad, Nurhidayatullah, Analysis of Legal Protection for Fishermen (Ship Crew) Based on the Work in Fishing Convention, 2007, (No. 188), 2021, http://repository.unsri.ac.id. |
[56] | Ryoma Sakeda, “Amitav Acharya: Whose Ideals Matter? Agency and Power in Asian Regionalism,” Journal of Current Southeast Asian Affairs 28, No. 3 (2009): 111–115. |
[57] | Lukman Adam, "Policy for the Protection of Indonesian Capture Fisheries Workers," Journal of Study 21, No. 4 (2016): 321–338, https://jurnal.dpr.go.id/index.php/kajian/article/view/782 |
[58] | Benni Yusriza, “The Political Economy of Unfree Labor and the State: An Indonesian Case Study,” Asian and Pacific Migration Journal 29, No. 1 (2020): 55–78. |
APA Style
Muhar Junef. (2023). Indonesian Policy for Ratify Ilo Convention 188 on Workers Indonesian Migrants on Ships Foreign. Humanities and Social Sciences, 11(3), 104-113. https://doi.org/10.11648/j.hss.20231103.16
ACS Style
Muhar Junef. Indonesian Policy for Ratify Ilo Convention 188 on Workers Indonesian Migrants on Ships Foreign. Humanit. Soc. Sci. 2023, 11(3), 104-113. doi: 10.11648/j.hss.20231103.16
AMA Style
Muhar Junef. Indonesian Policy for Ratify Ilo Convention 188 on Workers Indonesian Migrants on Ships Foreign. Humanit Soc Sci. 2023;11(3):104-113. doi: 10.11648/j.hss.20231103.16
@article{10.11648/j.hss.20231103.16, author = {Muhar Junef}, title = {Indonesian Policy for Ratify Ilo Convention 188 on Workers Indonesian Migrants on Ships Foreign}, journal = {Humanities and Social Sciences}, volume = {11}, number = {3}, pages = {104-113}, doi = {10.11648/j.hss.20231103.16}, url = {https://doi.org/10.11648/j.hss.20231103.16}, eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20231103.16}, abstract = {In study This researcher try explain how Indonesia's policy in protection worker Indonesian migrants working on ships foreigners and Indonesia's readiness to ratify ILO convention 188 in particular related worker catcher fish. Indonesian Migrant Workers (PMI), formerly known as Indonesian Migrant Workers (TKI), are looking for jobs abroad as daily jobs due to the lack of job opportunities in their own country. Indonesian migrant workers working as ship crew aim to receive higher salaries than working domestically. examining legal principles and norms. From the research results can be recommended that by ratifying ILO Convention 188, there is a post-ratification obligation in the form of reporting to the ILO regarding Other facts show that crew members who work on domestic and foreign vessels often become victims of human trafficking in the fishing industry. They are very vulnerable to exploitation and become victims of human rights violations and sexual violence. Crews also face difficulties in many ways due to low wages, gender discrimination, workplace violence, forced wage deductions. This is due to weak agreed maritime employment contracts and a lack of government oversight. The method used in this research is normative legal research method. This method is carried out to examine literary sources, namely by the implementation of instruments and decisions taken by the government so as to strengthen the protection of the rights of fishing crews.}, year = {2023} }
TY - JOUR T1 - Indonesian Policy for Ratify Ilo Convention 188 on Workers Indonesian Migrants on Ships Foreign AU - Muhar Junef Y1 - 2023/06/27 PY - 2023 N1 - https://doi.org/10.11648/j.hss.20231103.16 DO - 10.11648/j.hss.20231103.16 T2 - Humanities and Social Sciences JF - Humanities and Social Sciences JO - Humanities and Social Sciences SP - 104 EP - 113 PB - Science Publishing Group SN - 2330-8184 UR - https://doi.org/10.11648/j.hss.20231103.16 AB - In study This researcher try explain how Indonesia's policy in protection worker Indonesian migrants working on ships foreigners and Indonesia's readiness to ratify ILO convention 188 in particular related worker catcher fish. Indonesian Migrant Workers (PMI), formerly known as Indonesian Migrant Workers (TKI), are looking for jobs abroad as daily jobs due to the lack of job opportunities in their own country. Indonesian migrant workers working as ship crew aim to receive higher salaries than working domestically. examining legal principles and norms. From the research results can be recommended that by ratifying ILO Convention 188, there is a post-ratification obligation in the form of reporting to the ILO regarding Other facts show that crew members who work on domestic and foreign vessels often become victims of human trafficking in the fishing industry. They are very vulnerable to exploitation and become victims of human rights violations and sexual violence. Crews also face difficulties in many ways due to low wages, gender discrimination, workplace violence, forced wage deductions. This is due to weak agreed maritime employment contracts and a lack of government oversight. The method used in this research is normative legal research method. This method is carried out to examine literary sources, namely by the implementation of instruments and decisions taken by the government so as to strengthen the protection of the rights of fishing crews. VL - 11 IS - 3 ER -