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Journal : Yustisia

Slavery of Indonesian Migrant Fishers: a Review of Regulation and Its Implementation Muhammad Nur
Yustisia Vol 10, No 2: August 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i2.53715

Abstract

According to the 2018 Global Slavery Index, migrant workers in the maritime and fisheries industry are as the second-ranked sector with the worst modern slavery practices among other work sectors in the world. This article aimed to analyze why many cases of modern slavery experienced by migrant fishers from Indonesia, and what stakeholders should do to improve the protection system for migrant fishers from Indonesia. The author uses normative juridical research methods. The data collection method used is the literature study. The results of this study found that the high number of cases affecting migrant fishers from Indonesia is caused by various governance weaknesses that have occurred so far. These weaknesses occur both at home and abroad. These weaknesses start from policy to implementation in the field and has resulted in cases of violations against migrant fishers that continue to this day. This paper provides some protection model and recommendations for improving the governance of placement and protection for the migrant fishers, namely: 1. Supervision System Improvement; 2. Improvement of the data collection system for Indonesian migrant fishers; 3. Increasing and developing foreign cooperation; 4. Increasing socio-economic reintegration programs; 5. Ratification of the Work in Fishing Convention 2007. 
Human Rights Violation Against the Indonesian Migrant Fisheries Crew in Chinese-Flagged Long Xing Vessel Fithriatus Shalihah; Muhammad Nur
Yustisia Vol 10, No 1: April 2021
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v10i1.46515

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