Sebagai pengurus serikat pekerja pelaut, saya merasa miris dan prihatin mendapati adanya upaya yang terkesan dipaksakan dalam Undang-Undang Nomor 6 Tahun 2024 tentang Perubahan Ketiga atas Undang-Undang Nomor 17 Tahun 2008 tentang Pelayaran. Sorotan tajam tertuju pada Ayat 2 Pasal 337 yang secara implisit berupaya mempertahankan aspek ketenagakerjaan awak kapal di bawah kendali Kementerian Perhubungan. Pertanyaan mendasar yang muncul adalah, atas dasar apa upaya ini dilakukan? Mengingat secara substansial, UU Pelayaran sama sekali tidak memiliki batang tubuh yang mengatur secara komprehensif mengenai hak dan kewajiban awak kapal sebagai pekerja.
Lebih ironis lagi, amanat Pasal 153 UU Pelayaran yang mewajibkan adanya Peraturan Pemerintah (PP) terkait Perjanjian Kerja Laut (PKL) hingga detik ini tak kunjung direalisasikan. Padahal, Pasal 151 Ayat 2 secara eksplisit menyatakan bahwa kesejahteraan awak kapal diatur dalam PKL. Ini adalah sebuah paradoks yang nyata: undang-undang mengamanatkan adanya regulasi untuk melindungi kesejahteraan pekerja di laut, namun regulasi tersebut tak pernah ada. Akibatnya, landasan hukum yang kuat untuk melindungi hak-hak pelaut menjadi rapuh dan rentan terhadap interpretasi yang merugikan pekerja.
Upaya mempertahankan aspek ketenagakerjaan di bawah Kementerian Perhubungan, tanpa adanya kerangka regulasi yang jelas dalam UU Pelayaran itu sendiri, justru berpotensi menciptakan ketidakpastian hukum dan tumpang tindih kewenangan dengan Kementerian Ketenagakerjaan yang secara konstitusional memiliki mandat untuk mengurusi isu-isu ketenagakerjaan. Apakah para pembuat kebijakan menyadari bahwa awak kapal adalah pekerja yang memiliki hak-hak normatif sebagaimana pekerja di sektor lainnya? Mengapa hak-hak mendasar ini seolah ingin “diamankan” di bawah payung sektor transportasi yang fokus utamanya berbeda?
Ketidakjelasan regulasi PKL adalah luka menganga dalam perlindungan awak kapal. PKL seharusnya menjadi instrumen hukum yang kuat untuk mengatur hak dan kewajiban antara awak kapal dan perusahaan pelayaran, termasuk di dalamnya aspek pengupahan yang layak, jam kerja yang manusiawi, kondisi kerja yang aman dan sehat, serta mekanisme penyelesaian sengketa. Tanpa adanya PP tentang PKL, ketentuan mengenai kesejahteraan awak kapal menjadi kabur dan seringkali diabaikan oleh pihak yang tidak bertanggung jawab.
Situasi ini menimbulkan pertanyaan mendasar tentang komitmen negara terhadap perlindungan pekerja, khususnya di sektor maritim. Awak kapal adalah tulang punggung industri pelayaran, yang memiliki peran vital dalam perekonomian bangsa. Mengabaikan hak-hak mereka dan membiarkan ketidakjelasan regulasi berlarut-larut adalah sebuah kelalaian yang tidak dapat dibenarkan.
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