Perlindungan Hukum terhadap Anak Buah Kapal yang tidak memiliki Perjanjian Kerja Laut pada Kapal Ferry di Pelabuhn Sri Bintan Pura Kota Tanjungpinng

  • Fernika Sari Alumni Prodi Ilmu Hukum UMRAH
  • Marnia Rani Dosen Prodi Ilmu Hukum UMRAH
  • Lia Nuraini Dosen Prodi Ilmu Hukum UMRAH
Keywords: Legal Protection, the crew, Seafarer’s Employment Agreement

Abstract

Seafarer’s Employment Agreement  for the crew members  are  made in writing and witnessed by the harbormaster as applied by the Law, the legal protection of the ship company to the ship crew is still low, due to activities in the ship company employing ship crew without the seafarer's employment agreement, the ongoing the seafarer's employment agreement that is done verbally without the presence of the harbormaster, so that such a mechanism has its own legal consequences for the consequences relating to legal rights and obligations that must be borne by the crew. The problem and purpose of this study is to determine the legal status of the crew as ship workers who do not have seafarers 'employment agreements and to find out the legal protection of the rights of subordinates who do not have seafarers' employment agreements. The theory used is the theory of legal protection. The research method used is a Normative legal research method with 5 informants and using data collection techniques and tools in the form of observation, interviews, and documentation.  The results found that the status did not get recognition as a Crew from the name of the company. A seafarer's employment agreement that is verbally not recorded in writing if there is a conflict cannot provide legal protection. Ship Crews that do not have seafarers 'Work Agreements do not get legal status and legal protection, because they do not have the skills and seafarers' documents that are to have a Maritime Certificate. To obtain the legal status of a Crew the Ship must have a seafarers 'Work Agreement in which their status as ship workers is specified in the seafarers' Work Agreement which is then included in the crew list and approved by the harbormaster. The seafarers' employment agreement is a legal protection for the rights and obligations between the two parties.

Published
2020-11-30