Pregledni rad
Standardisation of Work Agreement between Indonesian Fisheries Crew and Foreign Companies
Danial Danial
; Sultan Ageng Tirtayasa University, Law Faculty, Serang City, Banten, Indonesia
Belardo Prasetya Mega Jaya
; Sultan Ageng Tirtayasa University, Law Faculty, Serang City, Banten, Indonesia
*
Anisa Aulia
; Sultan Ageng Tirtayasa University, Law Faculty, Serang City, Banten, Indonesia
H. Asari Taufiqurrohman
; Pekalongan University, Law Faculty, Jawa Tengah, Indonesia
Suryani Suryani
; Pekalongan University, Law Faculty, Jawa Tengah, Indonesia
Icuk Rangga Bawono
; University of Jendral Soedirman, Jawa Tengah, Indonesia
* Dopisni autor.
Sažetak
Modern slavery of fisheries crews in fishing industry is not new in Indonesia. One of the cases is the enslavement of Indonesian fisheries crews on the Long Xing 629 ship. The problem of slavery that befell the crew of the ship had arisen since the recruitment process, therefore it requires the standardisation of labour inspection and government firmness to implement the agreement on standardisation that is made between prospective Indonesian fisheries crews and foreign companies wishing to employ them. Based on these problems then this research aims to analyse how standardisation of work agreements between prospective Indonesian fisheries crews and foreign companies is carried out, and to test whether the work agreement between prospective Indonesian fisheries crews and foreign companies is in accordance with the standardisation in International Law and Indonesian national law. The research method used in this research is normative juridical method. The results of this research indicate that standardisation of work agreement between Indonesian fisheries crews and foreign companies is regulated in some conventions and national regulations. The terms of the work agreement for the fisheries crews must contain the identity of the fisheries crews, the amount of wages, facilities, accommodation for the fisheries crews on the ship, working conditions for the fisheries crews, rest periods, days off, and annual leave, and the placement of workers in accordance with the agreement that has been signed. Based on The Verdict No. 100/Pid.Sus/2020/PN Tgl. and the Verdict No. 22/Pid. Sus /2021/PN Tgl., which discusses the court process of Ki Agus Muhammad Firdaus and Muammar Kadafi, it shows that Indonesian fisheries crews are placed in work that is not in accordance with the agreed and signed work agreement and is not up to standard.
Ključne riječi
Standardisation of work agreement; Foreign companies; Fisheries crew; Modern slavery; Long Xing 629 ship; International law; National law; C-188 convention
Hrčak ID:
321976
URI
Datum izdavanja:
21.10.2024.
Posjeta: 87 *