The Maritime Labour Convention (MLC) 2006 is a legal instrument created by the International Labour Organization (ILO). It was adopted in February 2006 in Geneva, Switzerland, and officially entered into force in August 2013. In 2020, the convention was ratified by 98 states that were collectively responsible for 91% of world tonnage. Because of the significant role of the convention, in October 2016, the Government of Indonesia ratified the MLC 2006 through Law No. 15/2016.

The data show that international maritime trade slowed by 4.1% in 2020, resulting in the demand for seafarers also falling (ibid). In 2020, there were 1,892,720 people working in the global shipping industry, including 857,540 officers and 1,035,180 ratings (BIMCO/ICS, 2021). Indonesia is one of the largest suppliers of seafarer labour, together with The Philippines, the Russian Federation, China, and India. 

Data from The Indonesian Migrant Workers Protection Agency (BP2MI) and the Central Bank of Indonesia (Bank Indonesia – BI) show there were 3.1 million Indonesian migrant workers in 2020; 38% of these workers identified as seafarers (Directorate of Marine Transportation, 2021). However, Indonesian fleet ownership only shared 1.5% of the global maritime industry. As a result, most Indonesian seafarers work on foreign ships because of the lack of national vessels to accommodate national sea workers. Unfortunately, some Indonesian seafarers receive less than the minimum standard based on their contracts; they also receive other forms of unfair treatment during their work.

This paper explores some of the fundamental rules of the national legal framework and mechanism for implementing MLC 2006 in Indonesia, particularly the inspection mechanism. System-structural analysis was used to assess the state role factors, problems, and circumstances affecting compliance with MLC 2006. In restricting the analysis to these state roles, in particular the inspection mechanism, the scope of the research is limited. Nevertheless, this paper provides an important focus on the establishment of a legal and technical framework concerning the MLC inspection mechanism in Indonesia.

SHIPPING AND SEAFARER PROFILE OF INDONESIA

Based on data released by UNCTAD 2020, Indonesia has a 1.17% share of the world total ship registry, with 2,132 vessels above 1,000 gross tonnage (GT) However, in 2019 the Indonesian. In contrast, based on the National Shipowners Association (INSA) stated that there were 32,587 units registered in Indonesia The data discrepancy appears because under Article 158, paragraph 2, and Article 29, paragraph 1 of the Law No. 17/2008 concerning shipping, there is a requirement to register any ship with a minimum of 7GT for individuals and 175GT for a company. Therefore, INSA data also include all national registry vessels under 1,000GT. It seems that only 6.5% of national vessels are above 1,000GT.

In 2020, the total number of seafarers was 1,545,000, with 790,500 officers and 754,500 ratings. Indonesia is recognised as one of the biggest seafarer suppliers in the maritime industry, with 143,702 people. It indicate that nearly 84,000 seamen work in a foreign shipping company, and approximately 6,060 seafarers work under Holland America Line.

INSPECTION MECHANISM BASED ON THE ROLES OF A STATE

There are three critical roles of a state under MLC 2006: flag state, labour supplier state, or port state. A port state is described as an entity that has a duty as a port state control officer (PSCO) that must create and enforce rules and guidelines. Under the inspection mechanism, the port authority has a right to detain and enforce a ship to comply with deficiencies found during the procedure. As a flag state, the state serves a primary role in managing compliance and assessment of ships. As a state that holds the control authority, a flag state has the right to perform an inspection via an inspection mechanism on the object that flies its flag.

A port state must act as a port state control officer (PSCO) with the authority to create and enforce rules and guidelines. Under an inspection mechanism, the port authority has a right to detain and force a ship to address deficiencies found during the inspection procedure. However, detention is only imposed if the deficiencies could endanger the safety or health of seafarers or cause harm to the environment. As the PSCO, a state has the right to check ship documentation and MLC certification. The inspection only justifies detention if deficiencies are found on documents, complaints are received, or other suspicions are raised.

As a flag state, the state’s role is to control compliance and assessment of ships. In pursuing the aim of a ‘decent work agenda’, the general idea of labour inspection requires a framework and legal basis for the state’s interference into a more strategic plan. On the other hand, there are also genuine link principles to test the originality and control based on the UN’s Law of the Sea Convention 1982 (UNCLOS). The genuine link principles are set by Article 91, paragraph 1 of UNCLOS regarding flag states and the nationality of ships, defining a ship’s condition as determined by a close or genuine relationship with the flag state. Consequently, the ship shall be granted the right to fly its flag. As a state that holds the control authority, the flag state has a right to perform an inspection on the object that flies its flag. However, the basic principles of vessel inspection should be adhered to, namely prioritisation, deterrence, sustainability, and systemic effect.

As a labour supplier, it is the duty of a state to upgrade seafarers’ knowledge and competence about their rights and ability during the working period. Therefore, a state must adopt new certifi- cation systems for seamen that are not only set up by the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers 1978 (STCW) and other IMO seaman standards, but also by MLC 2006 in their national training system. They must also instruct seafarers as to their rights during their working period based on the MLC, as well as inform them of the general system of complaint procedures on board or in port.

Penulis : A Indah camelia & Lina hastuti

The detail information of the research can access at link : https://wasdlibrary.org/download/wjemsd-v19-n1-2-2023-indonesia-inspection-mechanism/

Or cite at : Camelia, A. I., & Hastuti, L. (2023). Indonesia Inspection Mechanism: A Way to Comply with Maritime Labour Convention. World Journal of Entrepreneurship, Management and Sustainable Development, 19(1-2), 39-51. https://doi.org/10.47556/J.WJEMSD.19.1-2.2023.4