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Opini : Filosofi, Implikasi MLC 2006

02/07/2025
Syofyan El Comandante

Filosofi dasar Maritime Labour Convention, 2006 (MLC 2006) adalah pengakuan bahwa awak kapal merupakan pekerja maritim yang memiliki hak-hak fundamental yang setara dengan pekerja di darat. Konvensi ini menetapkan standar minimum global terkait kondisi kerja, kesejahteraan, perlindungan kesehatan, keselamatan kerja, kontrak kerja laut (seafarer’s employment agreement), serta jaminan sosial bagi awak kapal, termasuk ketentuan mengenai repatriasi dan kompensasi ketika hubungan kerja berakhir.

Sebagai negara pihak yang telah meratifikasi MLC 2006 melalui Undang-Undang No. 15 Tahun 2016, Indonesia memiliki kewajiban hukum internasional untuk mengadopsi dan menerapkan norma-norma perlindungan awak kapal sebagaimana diatur dalam konvensi tersebut ke dalam kerangka hukum nasional. Salah satu aspek penting yang harus dijamin adalah kepastian hukum mengenai kompensasi pemutusan hubungan kerja (PHK) awak kapal, yang secara filosofi dan keadilan harus diharmonisasikan dengan perlindungan pekerja di darat.

Di Indonesia, pengaturan hak-hak pekerja yang di-PHK telah diatur secara komprehensif dalam Peraturan Pemerintah No. 35 Tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, serta Pemutusan Hubungan Kerja. Meskipun PP ini secara eksplisit ditujukan pada hubungan kerja di darat, tidak ada alasan filosofis maupun normatif untuk mengecualikan awak kapal dari perlindungan dasar terkait kompensasi PHK, terutama karena awak kapal juga tunduk pada rezim hukum ketenagakerjaan nasional jika tidak diatur secara jelas di dalam Undang-Undang No. 17 Tahun 2008 tentang Pelayaran dan perubahannya sebagaimana SEMA ( surat Edaran Mahkamah Agung ) No 2 tahun 2024..

Dengan demikian, sebagai konsekuensi ratifikasi MLC 2006 dan dalam semangat kesetaraan perlindungan pekerja, awak kapal Indonesia semestinya juga berhak atas kompensasi PHK yang setara dengan pekerja di darat, sesuai skema kompensasi yang diatur dalam PP No. 35 Tahun 2021, yaitu berupa uang pesangon, uang penghargaan masa kerja, dan uang penggantian hak, serta kompensasi khusus bagi pekerja dengan Perjanjian Kerja Waktu Tertentu (PKWT).

Implementasi prinsip ini membutuhkan harmonisasi peraturan teknis antara Kementerian Perhubungan sebagai otoritas pelayaran dan Kementerian Ketenagakerjaan sebagai otoritas ketenagakerjaan, guna menutup kekosongan norma dan memastikan perlindungan hukum yang utuh bagi awak kapal..

Dengan demikian, penegakan hak kompensasi PHK bagi awak kapal bukan hanya pemenuhan kewajiban negara sebagai pihak MLC 2006, tetapi juga perwujudan prinsip keadilan, kepastian hukum, dan penghormatan hak asasi pekerja maritim Indonesia.

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