Nine Seafarers’ and Civil Society Organizations Apply as Related Party to the Judicial Review of the Migrant Workers Protection Law to the Constitutional Court

Jakarta, November 26th – Nine representatives of Seafarers Union and civil society organizations filed an application as Related Party to the judicial review of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI) at the Constitutional Court (MK), registered in case number: 127/PUU-XXI/2023. The filing of the Related Party application was carried out on Monday (11/20/2023) morning.

The nine representatives of Seafarers Union and civil society organizations are united as Tim Advokasi Pelaut Migran Indonesia (TAPMI), which consists of: Serikat Awak Kapal Transportasi Indonesia (SAKTI)/Indonesian Transport Vessel Crew Union, Serikat Awak Kapal Perikanan Bersatu Sulawesi Utara (SAKTI Sulut)/North Sulawesi United Fisheries Crew Union, Serikat Pelaut Sulawesi Utara (SPSU)/North Sulawesi Seafarers Union, Pelaut Borneo Bersatu (PBB)/United Borneo Seafarers, Serikat Pelaut Bulukumba (SPB)/Bulukumba Seafarers Union, Serikat Buruh Migran Indonesia (SBMI)/Indonesian Migrant Workers Union, Greenpeace Indonesia, Indonesia Ocean Justice Initiative (IOJI), and Destructive Fishing Watch (DFW) Indonesia.

This application was due to Judicial Review of the PPMI Law submitted by the Indonesian Fisheries Workers Association (AP2I), Untung Dihako (Individually) and PT Mirana Nusantara Indonesia (Manning Agency). The subject matter of the Judicial Review is Article 4 paragraph (1) letter c, which stipulates that crew seafarers and fishery seafarers are Indonesian migrant workers. They requested that the clause be removed. They claim that the consequence of this clause is the inaction of protection assurances and rights for ship crews and fishing vessel crews that have been formulated in shipping-related laws and regulations.

Read also : National Action Plan on Business and Human Rights: Can It Solve Human Rights Violations at Sea?

On the other hand, TAPMI’s Legal Counsel, Jeanny Silvia Sari Sirait, said if the clause was removed, it would have disadvantaged migrant workers in the shipping sector, both crews on commercial ships and fishing vessels. In their application, TAPMI cited Article 28D paragraph (1) and paragraph (2) of the 1945 Constitution. The article states that everyone has the right to be recognized, guaranteed, protected, and assured of fair law and equal treatment before the law. Everyone also has the right to work and receive fair and decent compensation and treatment in employment relations. According to Jeanny’s statements, migrant workers in the shipping sector should not be excluded because it will result in a violation of the right to decent work. 

“We hope that The Constitutional Judges could accept our application as Related Party in its entirety and also reject the Judicial Review application” said Jeanny.

SBMI Chairman, Hariyanto Suwarno, said that his party had been fighting for the welfare and safety of Indonesian migrant workers, including migrant seafarers and fishermen. “In fact, including migrant seafarers into the category of migrant workers is not easy, so that there is a guarantee of welfare and protection and their position is equal to migrant workers in other sectors. If this Judicial Review is granted, this means a setback for migrant workers rights,” He said.

The same thing was also said by the General Secretary of SAKTI, Syofyan. He said the removal of the clause would make Indonesian seafarers on foreign vessels work without legal protections. If the status of migrant workers for commercial vessel crews and fishery seafarers is eliminated, then the derivative regulation of the PPMI Law – Government Regulation (PP) Number 22 of 2022 concerning Placement and Protection of Migrant Commercial Vessel Crews and Migrant Fishery Vessel Crews – is no longer valid.

Syofyan added that Law No. 17/2008 on Shipping only regulates the crew of Indonesian-flagged vessels. This means that Indonesian crew members working on foreign-flagged vessels are excluded. “Although Indonesia has ratified the Maritime Labor Convention (MLC) in 2006 and became Law No. 15 of 2016, until now we have no derivative rules that protect Indonesian crew members working on foreign ships, which refer to the law,” he said.

As an environmental campaign organization, Greenpeace Indonesia also believed it was important to join this advocacy team. Greenpeace Indonesia’s Ocean Campaigner, Afdillah, said that upholding justice for the ocean goes hand in hand with upholding justice for the people who depend on the sea. “Extractive fishing activities have damaged marine ecosystems while exploiting the crew of fishing vessels. We have been pushing the government to provide stronger protection for them. If the Constitutional Court grants this Judicial Review, we feel that the struggle of civil society so far will be in vain,” he added.

Read also : A Series of Rights Violations of Fishery Vessel Workers at Muara Baru Fishing Port

Leave a Reply

Your email address will not be published. Required fields are marked *

Mari tetap terhubung dengan kami