Pendahuluan
Dengan disahkannya UU No. 66 Tahun 2024 yang merupakan perubahan ketiga dari Undang-Undang Pelayaran, penting untuk memahami implikasi dari peraturan ini, terutama terkait ketenagakerjaan awak kapal. Pasal 337 dari undang-undang ini dengan jelas menyatakan bahwa ketentuan ketenagakerjaan di bidang pelayaran berlaku secara umum terhadap pekerja, kecuali untuk awak kapal yang diatur secara khusus.
Latar Belakang
Ketentuan mengenai awak kapal berdasarkan perjanjian kerja laut diatur dalam Kitab Undang-Undang Hukum Dagang (KUHD) dan Maritime Labour Convention (MLC) 2006, serta peraturan lain di bidang pelayaran. Ini menunjukkan bahwa awak kapal memiliki perlindungan hukum yang berbeda dibandingkan pekerja lainnya. Dengan adanya perubahan ini, sistem upah minimum yang sebelumnya mengacu pada upah minimum provinsi menjadi tidak relevan.
Perubahan yang Signifikan
Perubahan yang dilakukan melalui UU No. 66 Tahun 2024 menegaskan bahwa ketentuan upah minimum bagi awak kapal tidak lagi terikat pada ketentuan upah minimum provinsi. Hal ini memberikan kesempatan bagi Kementerian Perhubungan, khususnya Direktorat Jenderal Perhubungan Laut, untuk menetapkan standar upah minimum yang lebih adil dan sesuai dengan kondisi kerja awak kapal.
Permintaan Penetapan Standar Upah Minimum
Berdasarkan penjelasan di atas, kami mendesak agar Kementerian Perhubungan melalui Direktorat Jenderal Perhubungan Laut segera mengambil langkah-langkah berikut:
Menetapkan Upah Minimum Nasional untuk Awak Kapal Indonesia: Upah minimum ini harus berlaku untuk semua awak kapal yang bekerja di kapal berbendera Indonesia, sehingga memastikan bahwa mereka mendapatkan perlindungan dan imbalan yang layak.
Menetapkan Standar Upah Minimum Internasional untuk Awak Kapal di Kapal Bukan Berbendera Indonesia: Mengingat banyaknya awak kapal Indonesia yang bekerja di kapal asing, penting untuk menetapkan standar upah minimum yang sesuai dengan ketentuan internasional, sehingga para pekerja tidak dirugikan dalam persaingan global.
Penutup
Dengan adanya perubahan ketiga UU Pelayaran, sudah saatnya untuk memperbarui dan mendefinisikan kembali standar upah minimum bagi awak kapal Indonesia. Penetapan ini tidak hanya akan memberikan kepastian hukum dan perlindungan bagi awak kapal, tetapi juga akan meningkatkan daya saing mereka di pasar internasional.
Kami berharap langkah ini dapat segera diambil oleh pihak yang berwenang, demi kesejahteraan dan keadilan bagi seluruh awak kapal di Indonesia. Mari kita bersama-sama mendorong penetapan standar upah yang lebih baik untuk masa depan pelayaran Indonesia yang lebih cerah.
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