What A Mess, LPSK Records The Recruitment Mechanism Of Indonesian ABK Vulnerable To Crime To Little Restitution

Illustration- Crew on Cargo Ship (Unsplash)

JAKARTA - The Witness and Victim Protection Agency (LPSK) has urged the government to improve the recruitment mechanism for Indonesian crews (ABK).

This is because the LPSK admitted that they had received requests for protection from victims of the crime of trafficking in crew members in 2020, whose number was higher than in 2019.

"Responding to the data on the number of deaths of Indonesian crew members throughout 2020, the mechanism for the recruitment and dispatch of Indonesian crew members needs to be repaired," said LPSK Deputy Chairman Antonius PS Wibowo in his statement on Sunday, February 7.

Anton admits that he agrees with the statement made by the member of Commission IV DPR RI, Slamet, who highlighted that the protection of Indonesian crew members is quite weak. this is because the regulations are partial, they have not yet regulated protection from upstream to downstream.

Therefore, Antonius said that improvements to the protection of Indonesian crew members can be done from the upstream, namely by implementing a one-door departure mechanism.

"In order for one door (departure), a joint desk can be formed between the Ministry of Manpower, the Ministry of Transportation, the Ministry of Home Affairs and the Regional Government. If necessary, issue SKB (joint decree) for three Ministers, ”said Anton.

Furthermore, it is necessary to collect data and develop the ship manning agency. In this sense, agencies must be fostered and supervised so that only certified crew members depart, provide clear employment contracts, insurance, and so on.

Then, if there is a ship manning agency involved in the criminal act of trafficking in persons (TPPO), then they need to be nurtured. In fact, if necessary, the operational permit is revoked.

"Data ship manning agencies indicated to be involved in TIP, among others, are at LPSK and court," he said.

In addition, Anton also reminded the issue of fulfilling the rights of Indonesian crew members who were victims of TIP, especially restitution or compensation from the perpetrator to the victim.

This is because, continued Anton, with restitution, victims can get their labor rights because one of the components in calculating restitution is unpaid wages.

LPSK notes, in 2020, the percentage of restitution for victims of crime is relatively small. Of the total calculation of restitution carried out by LPSK during 2020 amounting to IDR 7,909,659,387, the judges decided and granted was IDR 1,345,849,964. Meanwhile, what the perpetrators paid was only Rp. 101,714,000.

"In the context of law enforcement, it is necessary to encourage legal processes against corporations that are proven to be involved in TIP. For this reason, regulations on Restitution must be amended. Article 50 of Law Number 21 of 2007 concerning restitution can be replaced by imprisonment, it must be changed," he concluded.