Study of law on Indonesian migrant fishers' protection in foreign fishing vessels

Abstract

The protection of crew members on foreign fishing vessels is a common concern, both in the world and in Indonesia. This is due to the many cases of violations of Indonesian crew members on foreign fishing vessels. The purpose of this study is to analyze the regulation of crew protection on foreign fishing vessels based on international law and Indonesian laws and regulations, as well as their implementation. This research is descriptive by using normative juridical methods on international law and national law, and comparative juridical which compares international law and national law, as well as empirical juridical on the implementation of human rights protection in Indonesia. The results of this study indicate that international law protects crew members related to certification standards and training standards, ship construction standards, and decent working conditions standards. Meanwhile, Indonesian national law is in accordance with international law, except for the absence of standard ship construction standards. The implementation of human rights protection found that there were violations of human rights related to salaries that were not in accordance with the contract and working hours that exceeded the limit.