HUMAN RIGHTS VIOLATION AGAINST THE INDONESIAN MIGRANT FISHERIES CREW IN CHINESE-FLAGGED LONG XING VESSEL

Fithriatus Shalihah,Muhammad Nur

doi:10.20961/yustisia.v10i1.46515

Fithriatus Shalihah, Muhammad Nur

Open Access

https://doi.org/10.20961/yustisia.v10i1.46515

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Abstract

This paper aimed to analyze human rights violations against migrant fishing boat crews with a case study on the Chinese-flagged Long Xing fishing boat. The research method used is empirical legal research using primary data and secondary data. The results showed that there had been human rights violations experienced by migrant fishing boat crews aboard the Chinese-flagged Long Xing fishing boat. These human rights violations have occurred since the pre-employment phase. The act of dumping the bodies of the crew members of Indonesian ships into the sea in the case of the Long Xing Ship violated the provisions of the ILO Seafarers Regulation Article 30 concerning protocol if the crew of the ship died, also violated Indonesia's national regulations, namely the Minister of Transportation Regulation No. 84 of 2013 Article 18 concerning the protocol for repatriating the bodies of crew members. Therefore, Indonesia's Government needs serious improvements to protect Indonesian fishing boat crews by implementing legal protection regarding their rights both before, during, and after Indonesian migrant fishery crew members work abroad

Highlights

The definition of vessels crew/crew members is the person employed/hired on board by the owner or operator of the vessel to perform duties on board following the positions listed in the certificate book and/or sea work agreement
Based on data from the Directorate of Protection of Indonesian Citizens and Indonesian Legal Entities, Ministry of Foreign Affairs, there were >200,000 Indonesian crew members working on foreign fishing vessels during 2013-2015 with the highest placements in Taiwan (217,655 people) and South Korea (31,792 people) (Badan Pengkajian dan Pengembangan Kebijakan Kementerian Luar Negeri Republik Indonesia, 2016)
The Indonesian Migrant Workers Protection Agency (BP2MI) noted that the number of Indonesian migrants who worked as crew members abroad during 2011-2019 was 30,864 people (Indonesia Ocean Justice Initiative, 2020)

Summary

Introduction

The definition of vessels crew/crew members is the person employed/hired on board by the owner or operator of the vessel to perform duties on board following the positions listed in the certificate book and/or sea work agreement. One of the crew members was the ship’s boat. Based on data from the Directorate of Protection of Indonesian Citizens and Indonesian Legal Entities, Ministry of Foreign Affairs, there were >200,000 Indonesian crew members working on foreign fishing vessels during 2013-2015 with the highest placements in Taiwan (217,655 people) and South Korea (31,792 people) (Badan Pengkajian dan Pengembangan Kebijakan Kementerian Luar Negeri Republik Indonesia, 2016). The Indonesian Migrant Workers Protection Agency (BP2MI) noted that the number of Indonesian migrants who worked as crew members abroad during 2011-2019 was 30,864 people (Indonesia Ocean Justice Initiative, 2020). In the case of Long Xing fishing vessel that occurs in South Korean sea jurisdiction, 46 vessel crews are Indonesian citizens. The crew of the ship, which numbered 46 people, were stationed on several ships, namely 15 people in Long Xing 629, 8 people in Long Xing 605, 8 people in Long Xing Tian Yu, and 20 people in Long Xing 606 (Afriansyah, 2020)

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