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“Ratifikasi Tanpa Implementasi: Nasib Jaminan Sosial Awak Kapal Indonesia”

09/06/2025
Syofyan El Comandante

Hampir satu dekade telah berlalu sejak Indonesia meratifikasi Maritime Labour Convention 2006 (MLC 2006) melalui Undang-Undang Nomor 15 Tahun 2016. Konvensi internasional ini secara tegas menyebut bahwa awak kapal berhak atas perlindungan jaminan sosial. Namun hingga hari ini, negara belum juga melahirkan regulasi yang mengatur skema jaminan sosial bagi para pelaut Indonesia—baik yang bekerja di kapal berbendera Indonesia maupun kapal asing.

Padahal, dalam Regulasi 4.5 MLC 2006, disebutkan secara eksplisit bahwa negara anggota wajib menyediakan akses terhadap sistem jaminan sosial bagi awak kapal yang mencakup: jaminan kecelakaan kerja, jaminan kesehatan, jaminan kehilangan kemampuan kerja, pensiun, dan tunjangan keluarga. Namun yang terjadi di Indonesia sangat kontras. Pemerintah justru masih bergantung pada Peraturan Pemerintah (PP) Nomor 7 Tahun 2000 tentang Kepelautan—sebuah regulasi lama yang hanya mengatur soal santunan kematian, itu pun terbatas pada situasi kematian saat masih dalam hubungan kerja. Tidak ada jaminan hari tua. Tidak ada jaminan pensiun. Tidak ada perlindungan saat hubungan kerja berakhir.

Para pembuat kebijakan kerap menyatakan bahwa pelaut sudah mendapatkan perlindungan yang cukup, atau bahkan menyamakan jaminan sosial dengan asuransi kecelakaan kerja. Pernyataan ini jelas menyesatkan. Sebab, asuransi kecelakaan kerja adalah bentuk perlindungan jangka pendek, sedangkan jaminan sosial berbasis Undang-Undang Nomor 40 Tahun 2004 tentang Sistem Jaminan Sosial Nasional (SJSN) serta UU BPJS merupakan bentuk perlindungan jangka panjang dan berkelanjutan.

Sementara itu, pekerja darat dari berbagai sektor telah lama memperoleh akses terhadap jaminan sosial melalui BPJS Ketenagakerjaan, yang mencakup Jaminan Hari Tua (JHT), Jaminan Kecelakaan Kerja (JKK), Jaminan Pensiun (JP), dan Jaminan Kehilangan Pekerjaan (JKP). Lantas, mengapa para pelaut, yang bekerja dalam kondisi paling berisiko dan menyumbang devisa melalui remitansi, justru diabaikan dari skema jaminan sosial nasional?

Ketiadaan regulasi pelaksanaan pasca-ratifikasi MLC 2006 menempatkan Indonesia dalam posisi tidak patuh terhadap komitmen internasionalnya. Lebih dari itu, negara telah lalai dalam melindungi kelompok pekerja yang sangat rentan. Banyak awak kapal Indonesia, khususnya yang bekerja di kapal asing, kembali ke tanah air dalam kondisi sakit, cacat, bahkan meninggal dunia—tanpa perlindungan sosial apa pun. Tidak ada pensiun. Tidak ada tunjangan keluarga. Tidak ada jaminan kesinambungan hidup pasca-kerja.

Regulasi baru sangat dibutuhkan untuk menjawab kekosongan hukum ini. Pemerintah harus segera menyusun aturan turunan dari UU No. 15 Tahun 2016 yang mewajibkan semua pemberi kerja—baik pemilik kapal, agen, maupun perusahaan perekrut awak kapal—untuk mendaftarkan para pelaut dalam sistem jaminan sosial nasional. Ini mencakup kewajiban kepesertaan dalam program BPJS Ketenagakerjaan, serta penyusunan skema perlindungan bagi pelaut migran sesuai prinsip konvensi ILO.

Tanpa langkah konkret, ratifikasi MLC 2006 hanya akan menjadi formalitas belaka—legalitas tanpa substansi. Ratifikasi seharusnya bukan akhir dari proses, melainkan awal dari tanggung jawab negara dalam membangun sistem pelindungan maritim yang adil dan manusiawi.

Pelaut Bukan Pekerja Kelas Dua

Sudah waktunya negara menempatkan pelaut sebagai bagian integral dari sistem ketenagakerjaan nasional. Mereka bukan pekerja kelas dua yang boleh dibiarkan tanpa perlindungan. Negara harus hadir, bukan hanya saat penandatanganan konvensi internasional, tetapi juga dalam menjamin keadilan dan perlindungan bagi warganya yang bekerja di laut. Ratifikasi tanpa implementasi bukan hanya pengkhianatan terhadap pelaut, tetapi juga pelanggaran terhadap amanat konstitusi dan prinsip keadilan sosial.

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