Indonesian Crew Members In Taiwan Complain The Most, Not In China

Image by Christo Anestev from Pixabay

JAKARTA - Head of the Indonesian Migrant Workers Protection Agency (BP2MI) Benny Rhamdani asked the government to ensure the safety of the crew on board and those who have returned. Including the fulfillment of the rights of living or deceased crew members, such as salaries, insurance and compensation.

Benny said that the excitement of the video of the sailors from Chinese ships to the sea was a momentum to improve the management of crew members for migrant workers.

"So far, there has been no firmness in regulating the distribution of governance for the placement and protection of fisheries crew members, as well as the parties who are entitled to carry out the placement," said Benny, in Jakarta, Saturday, May 9.

BP2MI, continued Benny, has also taken several steps, namely, forming an investigation team to investigate the process of placing crew members working on the Chinese-flagged ship. BP2MI followed up by sending a letter to the National Police Headquarters to support the investigation process of cases where ABK's complaints had been received by BP2MI.

BP2MI also encourages the acceleration of the issuance of a Government Regulation on the Placement and Protection of Crew Members for Commercial and Fishery Seafarers, as a legal instrument derived from Law 18 of 2017. BP2MI is also ready to accept the mandate to manage the overall placement of PMI including crew members as the mandate of the Law.

"The most important thing is that BP2MI hopes to end the sectoral ego in handling ABK in the process of placing and protecting it," he said.

Benny revealed, from 2018 to May 6 there were 389 complaints related to ABK during the year. The five largest types of complaints were unpaid wages, namely 164 cases, 47 cases of death in the destination country, 46 cases of accidents. Then, there were 23 complaints that wanted to be returned and with their passports or other documents withheld by P3MI / manning agency as many as 18 cases.

Meanwhile, the most ABK complaints were made by Indonesian crew members with the country of placement in Taiwan, with 120 cases. South Korea, 42 cases. Peru, 30 cases, and China, 23 cases. And, South Africa as many as 16 cases.

Of the total 389 cases submitted to BP2MI, 213 cases have been handled or 54.8 percent and 176 cases are still in the process of being resolved.

"The obstacle faced in this case of ABK is the absence of derivative rules that specifically regulate protection for PMI ABK. In addition, ABK data is often not registered with BP2MI, especially ABK who have a high risk of problems," he said.

Benny explained, what must be done at this time is the affirmation of authority, duties and functions between institutions that handle the implementation of the placement and protection of fisheries crew members.

Then, continued Benny, building an integrated integrated database between institutions related to the Ministry of Transportation, Ministry of Manpower, KKP, Ministry of Foreign Affairs, BP2MI, as well as forming an internal BP2MI investigation team and coordinating synergy between Ministries / Agencies for thorough investigations of alleged human rights violations, labor crimes and criminal acts Human Trafficking (TPPO).

Not only that, Benny said, it is necessary to carry out investigations and investigations into three manning agencies against physical actors, company management and companies, as well as beneficial owners on the legal basis used in article 87 of Law 18/2017 concerning PMI Protection and Article 13. Law 21/2007 on the Crime of Trafficking in Persons.

The Ministry of Manpower, said Benny, will also conduct an examination and evaluation of P3MI compliance, as well as impose sanctions. This refers to Law 18/2017 article 19 (1) article 25 (3), article 27 (2), article 62) in terms of the Manning Agency Business License for the Recruitment and Placement of Ship Crew (SIUPPAK).

According to Benny, the Ministry of Transportation also needs to immediately carry out an evaluation of compliance and if violations are found, it is necessary to impose a penalty in the form of revocation of SIUPPAK, this refers to article 33 (2) Permenhub 84/2013 concerning the Placement and Recruitment of Ship Crew.

The Ministry of Foreign Affairs according to its authority has sent a diplomatic note to the Chinese Government urging the Chinese Government to cooperate with the Indonesian Government with maximum law enforcement to Dalian Ocean Fishing and Ship Owner of the Long Xin 629, Long Xin 605, Long Xin 606, Tyan Yu Ship 8 related to fulfilling the rights of the crew members.

In addition, said Benny, his party also recommended that the Ministry of Marine Affairs and Fisheries report to the Regional Fisheries Management Organization (RFMO) regarding the alleged capture of shark species by several ships. Especially for Long Xin 630, it is registered with the Inter-American Tropical Tuna Commission to include these vessels on the IUU Vessel List.

Fulfillment of the rights of crew members

There were three crew members who were ridden by the Long Xing ship, namely Muh. Alfatah, whose address is Banca-Baraka-Enrekang, South Sulawesi, the incident was held at the end of December 2019. The second is Sepri, who has graduated from Dusun II Serdang Menang, Serdang Menang Village, Sirah Island, Padang District, Ogan Komering Ilir, South Sumatra. Meanwhile, the third ABK named Ari is 24 years old.

Benny explained, for the Alfatah case, BP2MI had summoned PT Alfira Perdana Jaya on January 17 with the result that ABK had resigned and registered as PMI Mandiri. PT Alfira Perdana Jaya has provided Rp. 10 million in kerohiman money and will help coordinate its rights.

In addition, Benny continued, PT Alfira Perdana Jaya, the Ministry of Foreign Affairs and BP3TKI Makasar visited Alfatah's family on January 22 and informed him about the ban as well as about the rights of the deceased. BP2MI has also facilitated the submission of BPJS Ketenagakerjaan Alfatah insurance claims which were disbursed on May 8 amounting to IDR85 million.

"ABK Sepri works for a foreign agency Orient Commercial and Trade Company (Fiji) and a domestic agent of Karunia Bahari Samudera. Sepri was banned at the end of December 2019. The current development of information is that Indonesian agents have provided Rp. 50 million in cash," he said.

Meanwhile, said Benny, the crew member who is currently viral, Ari is 24 years old. Ari worked for a domestic agent, namely PT Karunia Bahari Samudera and the incident occurred in early April.

"The development of information is currently under further coordination with representatives and the Ministry of Foreign Affairs regarding data and its handling," he said.

BP2MI predicts PMI's return from various placement countries, according to the PMI contract period which expires in May to June as many as 34,300 PMIs.

Benny detailed, of the total number of people working in various countries with placement in Malaysia as many as 13,074, Hong Kong 11,359, Taiwan 3,688, Singapore 2,611, Saudi Arabia 807, Brunei 770, South Korea 325, Kuwait 304, Italy 219, Oman 173, and others.

"The PMI came from various provinces such as East Java 8,913, Central Java 7,436, West Java 5,832, West Nusa Tenggara 4,202, North Sumatra 2,878, Lampung 1,814, Bali 513, West Kalimantan 300, East Nusa Tenggara 293, Banten 274, and several provinces. other, "he explained.