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Status Ketenagakerjaan Pelaut Dalam Perspektif Hukum Positif Di Indonesia Jaja Suparman; Hulman Panjaitan; Wiwik Sri Widiarty
Syntax Idea 2660-2679
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i12.2657

Abstract

This research aims to analyze and document the employment status certainty of seafarers from the perspective of Indonesian positive law. Seafarers are a unique group of workers as they work on ships that sail in international waters, and they are often faced with working conditions different from those onshore workers. The study examines the legal framework governing the employment status of seafarers in Indonesia, with a focus on labor regulations, labor standards, and relevant international conventions. The article also explores various issues that frequently arise in seafarer employment practices, including their rights, terms of employment, wages, social protection, as well as issues related to health and safety protection. The analysis in this research considers the extent to which legal regulations in Indonesia provide employment status certainty for seafarers and how the implementation of these regulations impacts day-to-day seafarer employment practices. Furthermore, the research also evaluates the barriers and challenges faced by seafarers in obtaining their rights and appropriate legal protection. The research findings indicate that from the perspective of Indonesian positive law, the employment status certainty of seafarers still has some gaps and challenges that need to be addressed. This article provides a deeper insight into the legal framework governing seafarer employment in Indonesia and encourages better understanding of the protection of seafarer employment rights and improvements in applicable regulations.
Perjanjian Kerja Laut (PKL) bagi Crew Kapal Harbour Tug PT. Waruna Nusa Sentana Jakarta Hotben Marchiano Lumban Gaol; Hulman Panjaitan; Wiwik Sri Widiarty
Syntax Idea 2408-2425
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i12.2654

Abstract

The Maritime Employment Agreement is the legal basis and framework that influences the professional lives and welfare of ship crew in the maritime industry. This thesis explores the form of a Maritime Work Agreement along with the legal remedies that can be taken regarding problems that occur in the Maritime Work Agreement for Harbor Tug crew members at PT. Waruna Nusa Sentana Jakarta is a leading shipping company in Jakarta, based on the laws and regulations in force in Indonesia. This research includes an in-depth analysis of the Sea Work Agreement implemented by PT. Waruna Nusa Sentana Jakarta, with a focus on the validity of the Sea Work Agreement, the implementation of the Sea Work Agreement, obstacles in implementing the Sea Work Agreement, as well as resolving problems if disputes occur in the Sea Work Agreement in Harbor Tug ship crew PT. Waruna Nusa Sentana Jakarta. Through a mixed approach involving surveys, and document reviews, this thesis uncovers a variety of individual perspectives and experiences in maritime employment relations. The research results highlight variations in Maritime Labor Agreements implemented in these companies and their implications for crew welfare and motivation. In a broader context, this thesis also discusses the challenges and opportunities faced by shipping companies and the government in ensuring the protection of maritime workers' rights and maintaining the sustainability of the maritime industry. The findings of this research provide important insights for Harbor Tug Crew members who will join to work on board ships, for shipping companies in improving their Maritime Labor Agreements, promoting healthy working relationships, and ensuring better welfare standards for crew members and for governments. as a legal regulator in Indonesia. Thus, this thesis contributes to a better understanding of the role and impact of Maritime Work Agreements in the vital harbor tug vessel sector at PT. Waruna Nusa Sentana Jakarta and the maritime sector as a whole.
Perlindungan Hukum terhadap Pengelola Terminal Peti Kemast Terhadap Kerusakan Peti Kemas dalam Pelayanan Bongkar Muat Peti Kemas Z. Intan B. Bulan; Hulman Panjaitan; Wiwik Sri Widiarty
Syntax Idea 2644-2659
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i12.2655

Abstract

This academic article aims to analyze the legal protection for container terminal operators regarding container damage that occurs during the loading and unloading processes at container terminals. Container terminals are crucial components in the logistics and international trade supply chain, and container damage during the loading and unloading processes can lead to serious consequences, including financial losses and shipment delays. This research documents the legal framework governing the obligations and responsibilities of container terminal operators in the loading and unloading services. The article discusses the legal aspects that regulate the responsibilities of terminal operators related to container management, procedures for damage claims, and compensation mechanisms for container owners. Additionally, the study analyzes common issues that arise in container loading and unloading practices, including regulatory ambiguities, differences in contract interpretation, and challenges in proving damage occurring during transportation. In this analysis, the impact of legal regulations on the responsibilities of container terminal operators and the role of dispute resolution institutions in handling damage claims will be considered. The research also evaluates ways to enhance legal protection for container terminal operators and container owners. The research findings highlight the need for improvements in the implementation and understanding of legal aspects related to legal protection for container terminal operators against container damage in loading and unloading services. This article contributes to a deeper understanding of the legal framework governing responsibilities in the container terminal industry and promotes improvements in regulations and industry practices that are fair and transparent.
Pertanggungjawaban Nahkoda dalam Pengangkutan Laut Atas Kecelakaan Kapal di Indonesia Jephyri Monang Siregar; Hulman Panjaitan; Wiwik Sri Widiarty
Syntax Idea 2700-2717
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntax-idea.v5i12.2656

Abstract

This academic article aims to analyze the employment status certainty of seafarers from the perspective of Indonesian positive law. Seafarers are a unique group of workers as they work on ships that sail in international waters. In this context, the article documents and analyzes the legal framework governing the employment status of seafarers in Indonesia, as well as the common issues that arise in seafarer employment practices. The study examines the legal aspects that influence the employment status of seafarers, such as labor regulations, labor standards, and relevant international conventions. The article also highlights crucial issues, including workers' rights, terms of employment, wages, and social protection for seafarers. In this analysis, it will be considered how far Indonesian legal regulations provide employment status certainty for seafarers and how they are implemented in daily practice. The research also evaluates the challenges faced by seafarers in obtaining their rights and appropriate legal protection. The research findings indicate that the employment status certainty of seafarers under Indonesian positive law still requires attention and improvement. This article contributes to a deeper understanding of the legal framework governing seafarer employment and encourages improvements in regulations and the protection of seafarer employment rights in Indonesia.