MK: Crew Of PMI Constitutional Ships And Fisheries

JAKARTA - The Constitutional Court (MK) has decided that sailors on ship crews and fisheries sailors are categorized as Indonesian migrant workers (PMI), as stipulated in the provisions of Article 4 paragraph (1) letter c of Law Number 18 of 2017 concerning PMI is constitutional or not contrary to the 1945 Constitution of the Republic of Indonesia.

Therefore, the Constitutional Court rejected the application for judicial review of Case Number 127/PUU-XXI/2023 submitted by the General Chairperson of the Indonesian Fisheries Workers Association (AP2I) Imam Syafii, a seafarer Untung Dihako, and Director of PT Mirana Nusantara Indonesia Ahmad Daryoko.

"The verdict, trial, reject the petitioners' requests in its entirety," said Chief Justice of the Constitutional Court Suhartoyo reading out the verdict in the Plenary Session Room of the Indonesian Constitutional Court, Jakarta, Friday, November 29, which was confiscated by Antara.

In this case, the petitioners argued that the arrangement of the category of sailors as migrant workers ignored the special exclusivity and protection given to sailors based on the 2006 Maritime Manpower Convention (MLC) which has been ratified through Law Number 15 of 2016.

Imam Syafi and Untung Dihako argued that the meaning of the sailors of the crew of the ship and the seafarers as PMI caused all the rules related to sailors to follow the rules and provisions of migrant workers. This is considered to have the potential to be detrimental because the rules and conditions of sailors are specially regulated based on the provisions of the international convention.

In addition, both of them also argued that the grouping of ship crew sailors and fisheries sailors as PMI caused the authority to supervise and issue recruitment permits and placement of sailors to become the authority of the Ministry of Manpower. Supposedly, they said, it was the authority of the Ministry of Transportation.

Meanwhile, Ahmad Daryoko admitted that he was criminalized due to the implementation of Article 4 paragraph (1) letter c of Law 18/2017. Because it is categorized as PMI, business licensing for ship crew and fisheries sailors is required to have a PMI Recruitment Permit (SIP2MI) issued by the Head of the PMI Protection Agency (BP2MI).

Ahmad Daryoko admitted that he was criminalized because he did not have the SIP2MI. He was named a suspect and detained at a state detention center by the Central Java Police Ditreskrimum Investigator in a case of alleged criminal acts of trafficking in persons.

Regarding the arguments of the petitioners, the Constitutional Court stated that the Indonesian government considers comprehensive protection for sailors on ship crews and fisheries sailors very important, so the government ratifies MLC 2006 through Law 15/2016.

Constitutional Justice Enny Nurbaningsih explained that the terms flavor' and crew of ships' in MLC 2006 have been accommodated in Article 4 paragraph (1) letter C of Law 18/2017, and further regulated in Government Regulation (PP) Number 22 of 2022 concerning Placement and Protection of Crew of Migrant Commercial Ships and Crews of Migrant Fisheries Vessels.

In this context, said Enny, Law 18/2017 and PP 22/2022 use the terms boat crew' and 'fishing marine' in one unit because various documents related to sailors and crew members as migrant workers also use the term flavor'.

According to the Court, in principle Law 18/2017 was formed to regulate the protection of ship crew sailors and fisheries sailors, who so far have no clarity on their protection arrangements.

Thus, the Court assessed that the protection given to sailors of ship crew and fishing sailors in Law 18/2017 does not only cover the fulfillment of basic rights as workers, but also includes more detailed and comprehensive arrangements regarding safe working conditions, social security, and other rights.

"After observing overall Law 18/2017, it turns out that the a quo law is actually in accordance with the principles of protecting sailors as regulated in MLC 2006," said Enny.

Enny said that the norm of Article 4 paragraph (1) letter C of Law 18/2017 is precisely to provide protection that includes basic rights and provides comprehensive legal certainty and protection for sailors of Indonesian crew and fishing sailors as migrant workers.

"Thus, the argument of the a quo petitioners is that they are groundless according to the law," he said.