Pendahuluan
Awak kapal merupakan tulang punggung industri maritim dan logistik global, termasuk di Indonesia yang merupakan negara kepulauan dengan sektor pelayaran yang vital. Namun, hingga saat ini, kesejahteraan awak kapal berbendera Indonesia masih menghadapi berbagai tantangan, khususnya terkait Tunjangan Hari Raya (THR) dan Jaminan Sosial (Jamsos).
Saat ini, Direktur Jenderal Perhubungan Laut (Dirjen Hubla) Kementerian Perhubungan telah menerbitkan berbagai regulasi yang mengatur kewajiban awak kapal, seperti sertifikasi dan kewajiban teknis lainnya. Sayangnya, hak-hak mendasar awak kapal, terutama THR dan Jaminan Sosial, belum mendapat perhatian yang seimbang.
Padahal, Pasal 337 Ayat (2) Undang-Undang No. 66 Tahun 2024 tentang Perubahan Ketiga atas Undang-Undang Pelayaran menyebutkan bahwa Ketentuan untuk Awak Kapal berdasarkan Perjanjian Kerja Laut secara khusus diatur dalam Kitab Undang-Undang Hukum Dagang (Wet Borepublikek Van Koophandel ), Undang-Undang Nomor 15 Tahun 2016 tentang Pengesahan Maritime Labour Convention, 2006 (Konvensi Ketenagakerjaan Maritim, 20O6), dan semua peraturan bidang Pelayaran.. Oleh karena itu, sudah saatnya Dirjen Hubla segera menerbitkan regulasi yang mengatur hak-hak ini secara lebih jelas dan mengikat, Karena awak kapal sebagai pekerja memiliki hak atas Tunjangan Hari Raya dan Jaminan Sosial, sebagaimana pekerja di sektor lainnya
Pentingnya Regulasi THR bagi Awak Kapal
THR adalah hak normatif pekerja yang telah lama diatur dalam peraturan ketenagakerjaan di Indonesia. Namun, dalam praktiknya, awak kapal sering kali mengalami kesulitan dalam mendapatkan THR karena tidak adanya regulasi spesifik yang mengatur mekanisme pemberian THR bagi mereka.
Tanpa regulasi yang jelas:
- Banyak perusahaan pelayaran tidak memberikan THR, dengan alasan tidak adanya kewajiban eksplisit dalam regulasi sektor maritim.
- Awak kapal sulit menuntut haknya, karena tidak ada aturan teknis yang mewajibkan pembayaran THR bagi mereka.
- Ketidakpastian hukum bagi pekerja dan perusahaan, yang dapat menghambat stabilitas hubungan industrial di sektor pelayaran.
Oleh karena itu, Dirjen Hubla perlu menerbitkan peraturan teknis yang mewajibkan perusahaan pelayaran untuk memberikan THR kepada awak kapal, sebagaimana pekerja di sektor lainnya.
Jaminan Sosial untuk Awak Kapal: Hak yang Terabaikan
Selain THR, jaminan sosial merupakan hak fundamental pekerja yang harus dijamin oleh negara. Awak kapal bekerja di lingkungan yang memiliki risiko tinggi, seperti kecelakaan di laut, penyakit akibat kerja, dan ketidakpastian masa depan setelah pensiun. Oleh karena itu, mereka harus mendapatkan perlindungan sosial yang layak, seperti BPJS Ketenagakerjaan dan BPJS Kesehatan,
Namun, hingga saat ini, masih banyak awak kapal yang belum mendapatkan jaminan sosial yang layak, terutama karena:
- Tidak adanya aturan yang mewajibkan perusahaan pelayaran untuk mendaftarkan awak kapal dalam skema jaminan sosial.
- Kurangnya pengawasan dari otoritas maritim terkait kepatuhan perusahaan terhadap perlindungan jaminan sosial.
- Minimnya kesadaran di kalangan awak kapal mengenai hak mereka atas jaminan sosial.
Untuk itu, Dirjen Hubla perlu segera menerbitkan regulasi yang mewajibkan setiap perusahaan pelayaran mendaftarkan awak kapalnya dalam program jaminan sosial nasional, serta memastikan adanya sanksi bagi perusahaan yang tidak patuh.
Rekomendasi Regulasi THR dan Jaminan Sosial untuk Awak Kapal
Berdasarkan permasalahan di atas, Direktorat Jenderal Perhubungan Laut harus segera menerbitkan regulasi yang mengatur:
- Kewajiban perusahaan pelayaran untuk membayar THR bagi awak kapal
- THR harus dibayarkan sesuai dengan aturan ketenagakerjaan nasional.
- Mekanisme pembayaran THR harus jelas dan transparan.
- Sanksi bagi perusahaan yang tidak membayar THR sesuai ketentuan.
- Kewajiban perusahaan pelayaran untuk mendaftarkan awak kapal dalam skema Jaminan Sosial
- Semua awak kapal berbendera Indonesia harus terdaftar dalam BPJS Ketenagakerjaan dan BPJS Kesehatan.
- Jaminan kecelakaan kerja dan jaminan hari tua harus menjadi standar dalam setiap perjanjian kerja laut.
- Pemerintah harus melakukan pengawasan dan evaluasi terhadap kepatuhan perusahaan pelayaran dalam implementasi jaminan sosial ini.
- Mekanisme pengawasan dan sanksi bagi perusahaan yang melanggar
- Pengawasan harus dilakukan secara rutin oleh otoritas terkait.
- Perusahaan yang melanggar harus dikenakan sanksi administratif hingga pencabutan izin usaha.
- Awak kapal harus diberikan akses mudah untuk melaporkan pelanggaran hak mereka.
Kesimpulan
Sebagai sektor yang sangat penting bagi perekonomian nasional, kesejahteraan awak kapal berbendera Indonesia tidak boleh diabaikan. Sudah saatnya Direktur Jenderal Perhubungan Laut mengambil langkah konkret dengan menerbitkan regulasi terkait THR dan Jaminan Sosial sesuai dengan Pasal 337 Ayat (2) UU No. 66 Tahun 2024.
Tanpa regulasi yang jelas, awak kapal akan terus berada dalam ketidakpastian hukum terkait hak-hak mereka. Oleh karena itu, sepantasnya Dirjen Hubla untuk segera mengeluarkan regulasi teknis yang menjamin THR dan Jaminan Sosial bagi awak kapal berbendera Indonesia demi keadilan dan kesejahteraan mereka di sektor maritim.
أجهزة سحبات السيجارة عبارة عن بديل حديث للتدخين التقليدي، حيث تعتمد على تقنيات تسخين السوائل الإلكترونية لإنتاج بخار يمنح إحساسًا مشابهاً للسجائر التقليدية ولكن بأضرار أقل.
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