LEGAL POLICY IN PROTECTION FOR INDONESIAN SEAFARERS

Indonesia as a state of law, which is based on Pancasila and the 1945 Constitution of the Republic of Indonesia, has a goal to improve welfare for its people wherever they are. Therefore, it is the duty of the State to protect its citizens who work both formally and who work informally, both those who work domestically and those who work abroad. Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers who replaced Law No. 39 of 2004 concerning the Placement and Protection of Indonesian Migrant Workers is a form of general protection for all Indonesian workers who work overseas or who are known as Workers Migrants, including sailors and seafarers. However, the form of protection against seafarers of Indonesian crew is felt to be inadequate, considering that there are still many sailors of Indonesian ship crew whose rights are differentiated compared to seafarers from other countries. The main problem in this paper is to analyze legal policies in the protection of Indonesian seafarers working overseas. By using normative juridical and sociological juridical method, this study shows for Indonesian seafarers, both at home and abroad are entitled to legal protection in accordance with the nature of their work without exception. This legal protection begins with an agreement between the seafarer and the employer as stated in the sea labor agreement.