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Tantangan Transisi Perizinan dari SIUPPAK ke SIP3MI dan Dampaknya bagi Awak Kapal Migran

12/01/2025
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Peraturan Pemerintah (PP) No. 22 Tahun 2022 tentang Penempatan dan Pelindungan Awak Kapal Niaga dan Awak Kapal Perikanan menetapkan bahwa perizinan bagi perusahaan penempatan awak kapal akan beralih dari Surat Izin Usaha Perekrutan dan Penempatan Awak Kapal (SIUPPAK) ke Surat Izin Perusahaan Penempatan Pekerja Migran Indonesia (SIP3MI). Masa transisi ini diberikan waktu dua tahun sejak PP tersebut diterbitkan, yang berarti pada Juni 2024, SIP3MI akan mulai berlaku secara otomatis.

Namun, proses ini menghadapi dinamika yang cukup kompleks, salah satunya adalah adanya judicial review oleh Asosiasi Pekerja Perikanan Indonesia (AP2I) dkk terhadap Pasal 4 UU No. 18 Tahun 2017 tentang Pelindungan Pekerja Migran Indonesia. Pasal ini menyatakan bahwa awak kapal niaga dan perikanan yang bekerja di luar negeri adalah pekerja migran, sehingga pelindungannya tunduk pada UU tersebut.

Putusan Mahkamah Konstitusi

Pada Desember 2024, Mahkamah Konstitusi (MK) menolak permohonan AP2I dan menegaskan bahwa awak kapal niaga dan perikanan adalah pekerja migran, yang berarti pelindungannya tetap mengacu pada UU No. 18 Tahun 2017. Putusan ini memberikan kepastian hukum bahwa seluruh regulasi pelindungan pekerja migran, termasuk SIP3MI, tetap relevan bagi awak kapal.

Dinamika Pergantian Rezim

Sebelum putusan MK tersebut, terjadi pergantian pemerintahan dari Presiden Joko Widodo ke Presiden Prabowo Subianto. Dalam kabinet baru, terdapat pembentukan Kementerian Pelindungan Pekerja Migran yang secara khusus mengurusi pelindungan pekerja migran Indonesia, termasuk awak kapal niaga dan perikanan. Hal ini “membuka kemungkinan ‘bahwa otoritas penerbitan SIP3MI, yang sebelumnya berada di bawah Kementerian Ketenagakerjaan, dapat dialihkan ke kementerian baru ini.

Dampak Ketidakpastian Regulasi

Ketidakjelasan terkait otoritas penerbitan SIP3MI dan masa transisi dari SIUPPAK/SIUKAK menimbulkan berbagai risiko, antara lain:

  1. Risiko Penolakan Keberangkatan oleh Imigrasi
    • Imigrasi dapat menolak keberangkatan awak kapal migran jika dokumen izin penempatan yang dimiliki agency tidak sesuai dengan aturan yang berlaku.
  2. Kriminalisasi Perusahaan Penempatan
    • Aparat penegak hukum dapat mempermasalahkan perusahaan pemegang SIUPPAK/SIUKAK yang masih aktif beroperasi selama masa transisi.
  3. Kerugian Bagi Awak Kapal
    • Ketidakpastian ini berpotensi menghambat keberangkatan awak kapal migran, sehingga mereka kehilangan kesempatan kerja dan penghasilan.

Rekomendasi untuk Pemerintah

  1. Segera Mengeluarkan Surat Edaran
    • Pemerintah, melalui Kementerian Ketenagakerjaan atau Kementerian Pelindungan Pekerja Migran, harus segera menerbitkan surat edaran yang memberikan panduan transisi dari SIUPPAK/SIUKAK ke SIP3MI.
    • Edaran ini harus memperjelas otoritas penerbitan SIP3MI serta menjamin kelancaran proses administrasi tanpa menghambat operasional perusahaan penempatan.
  2. Koordinasi Lintas Kementerian
    • Kementerian Ketenagakerjaan, Kementerian Pelindungan Pekerja Migran, BP2MI, dan Imigrasi harus berkoordinasi untuk memastikan implementasi aturan baru berjalan seragam di seluruh Indonesia.
  3. Sosialisasi dan Pendampingan
    • Pemerintah perlu mengadakan sosialisasi intensif kepada perusahaan penempatan, awak kapal, dan pemangku kepentingan terkait untuk memahami perubahan regulasi ini.
  4. Pengawasan dan Monitoring
    • Selama masa transisi, pemerintah harus melakukan pengawasan terhadap perusahaan pemegang SIUPPAK/SIUKAK untuk memastikan bahwa operasional mereka tetap sesuai aturan hingga peralihan ke SIP3MI selesai.

Penutup

Pemerintah memiliki tanggung jawab besar untuk memastikan transisi dari SIUPPAK ke SIP3MI berjalan lancar tanpa mengorbankan hak dan kesempatan kerja awak kapal migran. Ketidakpastian regulasi hanya akan menimbulkan kerugian bagi pekerja maupun perusahaan, serta dapat mengganggu reputasi Indonesia sebagai negara penyedia tenaga kerja profesional di sektor maritim global. Oleh karena itu, langkah cepat dan koordinasi lintas sektor menjadi kunci untuk menyelesaikan permasalahan ini secara menyeluruh.

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