PPMI Law Protects Ship and Fishing Crews from Human Trafficking

Manpower Ministry’s acting Director-General for Workers Placement and Employment Opportunity Development Haiyani Rumondang testifying at a judicial review hearing of Law on the Protection of Indonesian Migrant Workers, Monday (1/22/2024). Photo by MKRI/Ifa.

JAKARTA (MKRI) — Article 4 paragraph (1) letter c of the PPMI Law and PP No. 22 of 2022 provide legal certainty and guarantee protection to ship and fishing crews from human trafficking, including slavery and forced labor, violence, arbitrariness, crimes against human dignity, and other treatment that violates human rights.

The statement was made by the Manpower Ministry’s acting Director-General for Workers Placement and Employment Opportunity Development Haiyani Rumondang at the third hearing for case No. 127/PUU-XXI/2023 on Monday, January 22, 2024. The hearing took place in the plenary courtroom, with Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and the other seven constitutional justices presiding.

Rumondang further explained that reporting over crew departure, placement, implementation stages, and data integration in PP No. 22 of 2022 is actually part of the reinforcement of protection by submitting departure data report to the regency/city manpower office and arrival data to Indonesian embassies and consulates, which can be done online or offline. In addition, this is related to the placement of ship and fishing crews in accordance with procedures. The point is to prevent non-procedural placement of these workers.

“So, the reinforcement of protection does not make the ship and fishing crew placement procedure complicated as alleged. In addition, the Petitioners’ argument connecting Articles 4, 5, 6, and 7 of PP No. 22 of 2022 is, in the Government’s view, not a constitutionality issue that can be reviewed in the Constitutional Court. Therefore, the Petitioners’ argument is inaccurate and legally groundless,” said Rumondang, who testified on site.

She also stated that the Government actually supports Article 4 paragraph (1) of the PPMI Law, which the Petitioners argued does not distinguish between land and sea migrant workers. Such labeling, the Government argued, would in fact lead to discrimination. Not to mention, if said article was annulled, justice and legal certainty in protection for ship and fishing crews would be lost.

Also read:

AP2I, Ship Crew Agent Object to Inclusion of Fishing Crews as Migrant Workers

Mandatory Work Visa Burdens Indonesian Seamen

On Wednesday, October 11, the Court held the preliminary material judicial review hearing of Article 4 paragraph (1) letter c of Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (PPMI Law) as amended by Law No. 6 of 2023 on the Stipulation of the Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation into Law. The case No. 127/PUU-XXI/2023 was filed by chairman of the Association of Indonesian Fishery Workers (Asosiasi Pekerja Perikanan Indonesia or AP2I) Imam Syafi’i, Untung Dihako, and PT Mirana Nusantara Indonesia director Ahmad Daryoko (Petitioners I-III).

The Petitioners argue that Article 4 paragraph (1) letter c of the PPMI Law (“Migrant workers of Indonesia shall include: … c. ship crews and fishing crews.”) is against Article 28D paragraphs (1) and (2), Article 28G paragraph (1), and Article 28I paragraph (1) of the 1945 Constitution.

Petitioner I believes that the enforcement of the norm has led to overlapping regulations at several levels, such as Law No. 17 of 2008 on Shipping, Government Regulation (PP) No. 22 of 2022 on the Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews. The transfer of authority on shipping from the Ministry of Transportation to the Ministry of Manpower and the Indonesian Migrant Worker Protection Agency (BP2MI), so that the guarantee of protection and rights for ship crews and fishing crews that has been formulated in shipping statutory legislation cannot be applied.

The ship crew agency company of Petitioner III has also been harmed by the a quo norm. He was obligated to have a migrant worker recruitment permit issued by the head of the BP2MI as referred to in Article 72 letter c of the PPMI Law. Due to this provision, he was declared a suspect and is undergoing detainment process with the investigators of the Police Criminal Investigations Directorate of Central Java on a human trafficking charge.

In addition, the norm could potentially harm him in doing ship crew agency business. He used to cooperate with foreign ship crew agencies of countries that Indonesia both does and does not have diplomatic ties.

Therefore, in the petitum, the Petitioners request the Court to declare Article 4 paragraph (1) letter c of the PPMI Law as amended by the Job Creation Law in violation of Article 28D paragraphs (1) and (2), Article 28G paragraph (1), and Article 28I paragraph (1) of the 1945 Constitution and not legally binding.

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Tiara Agustina
Translator  : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

Monday, January 22, 2024 | 15:19 WIB 63