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All Journal Yustisia FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Hukum Novelty UIR LAW REVIEW Journal of Indonesian Legal Studies Jurnal Selat Substantive Justice International Journal of Law JOURNAL EQUITABLE JUSTISI JHCLS Ahmad Dahlan Legal Perspective
Fithriatus Shalihah
Universitas Ahmad Dahlan
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Yustisia

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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
LEGAL PROTECTION AGAINST WORKERS IN WORK AGREEMENT ON OUTSOURCING SYSTEM IN INDONESIA Fithriatus Shalihah
Yustisia Vol 6, No 3: December 2017
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v6i3.15804

Abstract

In an outsourcing system, it is certain that the working relationship between employer and worker is a working relationship with a particular Time Agreement. This status becomes a problem because there is no certainty about the continuity of the employment relationships and the non-fulfillment of the rights that workers should receive, thus this is harming the workers economically and socially. The regulation related to the outsourcing system that stated in the Manpower Act No. 13 of 2003 is also difficult to implement in a business world since the existing rules do not meet the needs of the labor market. Company does not make the flow of production activities so that it is unclear and no legal certainty about the nature and types of core business and non core business activities. In the implementation of job protection and work requirements for outsourced workers, the government should enhance its role in the supervision and enforcement of labor law through the quantity and quality of labor inspectors.
Co-Authors Alviah, Siti Damarina, Retno Efendi Ibnususilo Elda Octivia, Annisa Faqiah Nur Azizah Gatot Sugiharto, Gatot Immawan Wahyudi Imtikhan Anas Shob’ron Irman Irman Marwa, Muhammad Habibi Miftakhul Megawati - Muhammad Nur Muhammad Nur Muhammadi, Fauzan Nanda Ayu Lestari Nazar, Haura Salsabiela El Sabrina Nisa Istiani Oksep Adhayanto Shob’ron, Imtikhan Anas Siti Alviah Siti Zuliyah Suryadi Suryadi