Sudah lebih dari sembilan bulan sejak kapal LCT Cita XX hilang di perairan Papua, Indonesia dengan membawa 12 awak kapal di dalamnya. Sejak Agustus tahun lalu, tidak ada jejak kapal ditemukan, dan tidak ada informasi yang jelas yang disampaikan kepada publik maupun keluarga korban. Yang lebih menyakitkan, hingga hari ini belum ada penetapan resmi dari pemerintah Indonesia—termasuk dari Kementerian Perhubungan—mengenai status kapal dan para awaknya, apakah dinyatakan “hilang” atau “presumed lost”. Ketiadaan status hukum ini menjadi bukti nyata kegagalan negara dalam memberikan perlindungan hukum dan jaminan sosial terhadap pekerja maritim.
Kementerian Perhubungan, yang selalu menyatakan diri sebagai lembaga terdepan dalam melindungi awak kapal Indonesia, nyatanya gagal menunjukkan kepemimpinan dan keberpihakan pada saat krisis seperti ini terjadi. Subdirektorat Kepelautan yang secara administratif bertanggung jawab atas pelaut Indonesia, tidak mampu memberi keputusan yang berpihak pada para korban maupun ahli warisnya. Padahal, dalam konteks hukum maritim internasional dan ketenagakerjaan, penetapan status kapal dan awaknya yang hilang adalah langkah krusial untuk membuka jalan bagi pemenuhan hak-hak korban, mulai dari asuransi jiwa, kompensasi kematian, hingga pemrosesan administratif lainnya.
Ketika negara abai menetapkan status, maka negara juga menghalangi akses para ahli waris terhadap hak-hak normatif yang seharusnya dijamin, baik melalui Perjanjian Kerja Laut (PKL), jaminan sosial ketenagakerjaan, maupun asuransi. Hal ini menjadi lebih memprihatinkan karena mayoritas awak kapal adalah pekerja informal yang kerap kali tidak memiliki perlindungan hukum yang kuat, dan bergantung sepenuhnya pada peran negara sebagai pelindung terakhir.
Sudah seharusnya Kementerian Perhubungan membentuk sistem penanganan kecelakaan pelayaran yang transparan, partisipatif, dan akuntabel. Mekanisme penetapan status kehilangan kapal dan awaknya tidak boleh bergantung pada pertimbangan teknis semata, tetapi harus mempertimbangkan aspek keadilan dan perlindungan sosial. Apalagi dalam konteks Indonesia sebagai negara pihak Konvensi MLC 2006, negara memiliki kewajiban untuk memastikan bahwa pelaut dan keluarganya tidak menjadi korban ganda akibat sistem yang tidak responsif.
Negara tidak boleh terus diam. Pemerintah harus segera menyatakan status hukum kapal LCT Cita XX dan para awaknya. Ini bukan hanya soal administrasi, tetapi soal keadilan dan kemanusiaan.
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