mlc progress in indonesia
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DIRECTORATE MARINE SAFETY AND SEAFARERS AFFAIR
DGST MINISTRY OF TRANSPORTATION 0F REP. INDO NESIA13/10/2014 1
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In Indonesia, the Ministry of Transportation has jurisdiction
over the seafarers, while the Ministry of Labour and
Transmigration has jurisdiction over shore-workers;
The seafarers employment system is independent of the
shore-workers employment system;
Social security for seafarers is covered through the seafarers
insurance system while shipowners liability for marine
labour-related accidents is regulated in the laws and
regulations under the jurisdiction of the Ministry of
Transportation
ADMINISTRATIVE STRUCTURE RELATED TO SEAFARERS
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TITLE OF MLC 2006 REGULATIONCOMPLIANCE
FULLY PARTLY NOT YET
1. Minimumrequirements
for seafarers to
work on a ship.
1.1 Minimum age
1.2 Medical certificate
1.3 Training and qualification
1.4 Recruitment and placement
Indonesia pay attention to the
Seafarers rights
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TITLE OF
MLC 2006
REGULATIONCOMPLIANCE
FULLY PARTLY NOT YET
2. Condition of
employment
2.1 Seafarers employment
agreements
2.2 Wages
2.3 Hours of work and hours of rest2.4 Entitlement to leave
2.5 Repatriation
2.6 Seafarers compensation for the
ships loss or foundering2.7 Manning levels
2.8 Career and skill development and
opportunities for seafarers
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TITLE OF
MLC 2006REGULATION
COMPLIANCE
FULLY PARTLY NOT YET
3. Accommodation
and recreational
facilities
3.1 Accommodation and
recreational facilities
3.2 Food and catering
4. Health
protection,
medical care,
welfare and
social security
protection
4.1 Medical care on board ship
and ashore
4.2 Shipowners liability
4.3 Health and safety protection
and accident prevention
4.4 Access to shore-based welfarefacilities
4.5 Social security
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TITLE OFMLC 2006
REGULATIONCOMPLIANCE
FULLY PARTLY NOT YET
5. Complianceandenforcement
5.1 Flag State responsibilities
5.1.1 General principles
5.1.2 Authorization of recognizedorganization
5.1.3 Maritime labour certificate anddeclaration of maritime labour
compliance5.1.4 Inspection and enforcement
5.1.5 On-board complaint procedures
5.1.6 Marine casualties
5.2 Port State responsibilities
5.2.1 Inspection in port
5.2.2 Onshore seafarer complaint-handling procedures
5.3 Labour-supplyingresponsibilities
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Indonesian National regulation related to our Seafarers :
1) Merchant Act Wetboek van Koophandel / KUHD
Buku-II), 1838:
Chapter I : Ships and her cargoes
Chapter II : Shipping company and ships operator
Chapter III : Master, Ships crew and the company
Chapter IV : Seafarers working contract
Chapter V : Ships charter, etc.
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2) Shipping Act No. 17 Year 2008
mainly regulates :
Management; Navigation; Harbour; Shipping; Pollution of
ships; Transportation; Ship accidents; Search and rescue;
Man power and seafarers welfare; Investigation; and
Crimes
mainly regulates:
Seafarers; Ships crewing and status; Education and training;
Certification of seafarers;
Seafarers social security protection;
Seafarers placement; Crews health; Crews accommodation;
Manning of fishing vessel; Manning of river and lake vessel,
etc.
3) Government Regulation No. 7, 2000 dated 21 February
2000 concerning Seafarers Affairs
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4) Ministrial Regulation Number KM. 70 Year 1998 concerning
Manning for Merchant Ship,
mainly regulates :
Crews function;
Crews condition kind of certificates should be held by crew
Standard of competency and proficiency of seafarers
the manning level for Merchant Ship.
5) Ministrial Regulation Number PM. 70 Year 2013 concerning
Educational and Training, Certifications and Watch Keeping,
mainly regulates the Education and training ,certification
and watchkeeping for seafarers complied to the STCW 1978
Amandement 2010 and also conform with the MLC, 2006
spirit 13/10/2014 9
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6) Ministrial Regulation Number PM. 84 Year 2013
concerning Recruitment and Placement for Ships
Crews
mainly regulates :
the procedures and national requirement for manning
Agency License;
National standard procedures for Recruitment and
placement crew on board and repatriation;
Including Responsbility of the manning agency,
Seafarers employment agreement, SEA approval and
mustering on seaman book
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7) Director General of Sea Transportation Decree
Number HK.103/1/5/DJPL-13
concerning
Guidelines for the Implementation of
Medical Examination and Assessment for Crewmembers
8) Circular No. UK.11/21/12/DJPL-06 dated 5 June 2006concerning the Protection of Ships Crew
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Arranging the cooperation inter ministrials and related
Institutions so that they all aware with the Convention and adopt
It in to the new regulation that they will rise up or revise
the regulations so that it comply to the MLC, 2006 which has
been confirmed by all related sectors
Preparing all related instruments laws, regulations,
government policies) and techincal aspects comply to
the MLC, 2006 todays progress is required translation of
Convention to be proposed to Parliament.
Harmonizing all Indonesian national regulation comply
to the MLC, 2006, recently is undergoing process
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Communicate with the ILO Geneva relating to
Indonesian national laws and Regulations that comply
to the MLC, 2006 include The progress of the
Convention rafication proccess
Officially statement regarding Indonesia regulation have
substancially equivalent with the standards of the MLC, 2006 Code
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Blanko of Recruitment and Placement Seafarers Agencys License
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Medical Certificate
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Progress of Recruitment and
Placement LisenceRecently Indonesia has issued 9 Manning Lisence toRecruitment and Placement Service Agency in line to the
implementation of MLC, 2006. These companies, namely :
1. PT. Oceanindo Prima Sarana
2. PT. AAPL Indonesia Crew
3. PT. BSM Crew Service Center Indonesia
4. PT. Pyramid
5. PT. Antai Samudea
6. PT. Sekai Hikari Indonesia
7. PT. Cemerlang Tunggal Intikarsa Jakarta
8. PT. Cemerlang Tunggal Intinusa Jogjakarta
9. PT. Cahaya Tunas Inti Bali
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MLC, 2006 Trainer
Up to 2014, Indonesia has 8 MLC, 2006
Trainers whose certified by ILO :
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Recommendation
Indonesia is strongly recommendASEAN Member and China for using
the Recruitment and Placement
Services that has Manning Lisenceissued by Competent Authority to
ensure that they are complied to MLC,
2006 from respective member state,eventhough member state has not
ratified the Convention yet.
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