MLC Progress in Indonesia

8/10/2019 MLC Progress in Indonesia

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DIRECTORATE MARINE SAFETY AND SEAFARERS AFFAIR

DGST MINISTRY OF TRANSPORTATION 0F REP. INDO NESIA13/10/2014 1


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In Indonesia, the Ministry of Transportation has jurisdiction

over the seafarers, while the Ministry of Labour and

Transmigration has jurisdiction over shore-workers;

The seafarers employment system is independent of the

shore-workers employment system;

Social security for seafarers is covered through the seafarers

insurance system while shipowners liability for marine

labour-related accidents is regulated in the laws and

regulations under the jurisdiction of the Ministry of

Transportation

ADMINISTRATIVE STRUCTURE RELATED TO SEAFARERS

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TITLE OF MLC 2006 REGULATIONCOMPLIANCE

FULLY PARTLY NOT YET

1. Minimumrequirements

for seafarers to

work on a ship.

1.1 Minimum age

1.2 Medical certificate

1.3 Training and qualification

1.4 Recruitment and placement

Indonesia pay attention to the

Seafarers rights


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TITLE OF

MLC 2006

REGULATIONCOMPLIANCE


2. Condition of

employment

2.1 Seafarers employment

agreements

2.2 Wages

2.3 Hours of work and hours of rest2.4 Entitlement to leave

2.5 Repatriation

2.6 Seafarers compensation for the

ships loss or foundering2.7 Manning levels

2.8 Career and skill development and

opportunities for seafarers


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TITLE OF

MLC 2006REGULATION

COMPLIANCE


3. Accommodation

and recreational

facilities

3.1 Accommodation and

recreational facilities

3.2 Food and catering

4. Health

protection,

medical care,

welfare and

social security

protection

4.1 Medical care on board ship

and ashore

4.2 Shipowners liability

4.3 Health and safety protection

and accident prevention

4.4 Access to shore-based welfarefacilities

4.5 Social security


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TITLE OFMLC 2006

REGULATIONCOMPLIANCE


5. Complianceandenforcement

5.1 Flag State responsibilities

5.1.1 General principles

5.1.2 Authorization of recognizedorganization

5.1.3 Maritime labour certificate anddeclaration of maritime labour

compliance5.1.4 Inspection and enforcement

5.1.5 On-board complaint procedures

5.1.6 Marine casualties

5.2 Port State responsibilities

5.2.1 Inspection in port

5.2.2 Onshore seafarer complaint-handling procedures

5.3 Labour-supplyingresponsibilities


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Indonesian National regulation related to our Seafarers :

1) Merchant Act Wetboek van Koophandel / KUHD

Buku-II), 1838:

Chapter I : Ships and her cargoes

Chapter II : Shipping company and ships operator

Chapter III : Master, Ships crew and the company

Chapter IV : Seafarers working contract

Chapter V : Ships charter, etc.

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2) Shipping Act No. 17 Year 2008

mainly regulates :

Management; Navigation; Harbour; Shipping; Pollution of

ships; Transportation; Ship accidents; Search and rescue;

Man power and seafarers welfare; Investigation; and

Crimes

mainly regulates:

Seafarers; Ships crewing and status; Education and training;

Certification of seafarers;

Seafarers social security protection;

Seafarers placement; Crews health; Crews accommodation;

Manning of fishing vessel; Manning of river and lake vessel,

etc.

3) Government Regulation No. 7, 2000 dated 21 February

2000 concerning Seafarers Affairs

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4) Ministrial Regulation Number KM. 70 Year 1998 concerning

Manning for Merchant Ship,

mainly regulates :

Crews function;

Crews condition kind of certificates should be held by crew

Standard of competency and proficiency of seafarers

the manning level for Merchant Ship.

5) Ministrial Regulation Number PM. 70 Year 2013 concerning

Educational and Training, Certifications and Watch Keeping,

mainly regulates the Education and training ,certification

and watchkeeping for seafarers complied to the STCW 1978

Amandement 2010 and also conform with the MLC, 2006

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6) Ministrial Regulation Number PM. 84 Year 2013

concerning Recruitment and Placement for Ships

Crews

mainly regulates :

the procedures and national requirement for manning

Agency License;

National standard procedures for Recruitment and

placement crew on board and repatriation;

Including Responsbility of the manning agency,

Seafarers employment agreement, SEA approval and

mustering on seaman book

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7) Director General of Sea Transportation Decree

Number HK.103/1/5/DJPL-13

concerning

Guidelines for the Implementation of

Medical Examination and Assessment for Crewmembers

8) Circular No. UK.11/21/12/DJPL-06 dated 5 June 2006concerning the Protection of Ships Crew


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Arranging the cooperation inter ministrials and related

Institutions so that they all aware with the Convention and adopt

It in to the new regulation that they will rise up or revise

the regulations so that it comply to the MLC, 2006 which has

been confirmed by all related sectors

Preparing all related instruments laws, regulations,

government policies) and techincal aspects comply to

the MLC, 2006 todays progress is required translation of

Convention to be proposed to Parliament.

Harmonizing all Indonesian national regulation comply

to the MLC, 2006, recently is undergoing process


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Communicate with the ILO Geneva relating to

Indonesian national laws and Regulations that comply

to the MLC, 2006 include The progress of the

Convention rafication proccess

Officially statement regarding Indonesia regulation have

substancially equivalent with the standards of the MLC, 2006 Code


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Blanko of Recruitment and Placement Seafarers Agencys License

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Medical Certificate

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Progress of Recruitment and

Placement LisenceRecently Indonesia has issued 9 Manning Lisence toRecruitment and Placement Service Agency in line to the

implementation of MLC, 2006. These companies, namely :

1. PT. Oceanindo Prima Sarana

2. PT. AAPL Indonesia Crew

3. PT. BSM Crew Service Center Indonesia

4. PT. Pyramid

5. PT. Antai Samudea

6. PT. Sekai Hikari Indonesia

7. PT. Cemerlang Tunggal Intikarsa Jakarta

8. PT. Cemerlang Tunggal Intinusa Jogjakarta

9. PT. Cahaya Tunas Inti Bali

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MLC, 2006 Trainer

Up to 2014, Indonesia has 8 MLC, 2006

Trainers whose certified by ILO :

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Recommendation

Indonesia is strongly recommendASEAN Member and China for using

the Recruitment and Placement

Services that has Manning Lisenceissued by Competent Authority to

ensure that they are complied to MLC,

2006 from respective member state,eventhough member state has not

ratified the Convention yet.


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Documents

MLC Progress in Indonesia