END OF YEAR 2024 OF BERSATU FISHING VESSEL CREW UNION

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END OF YEAR 2024 OF BERSATU FISHING VESSEL CREW UNION

(SAKTI) SULAWSEI UTARA

I. FOREWORD

Human trafficking, or often known as the Criminal Act of Human Trafficking, is one of the most serious forms of human rights violations in the modern era. This crime not only harms the individual who is the victim but also injures human values and creates major challenges for the law and public security. Criminal Act of Human Trafficking includes acts of exploitation, both in the form of sexual exploitation, forced labor, slavery, and illegal organ removal.

This article is written as a form of concern for the increasingly complex issue of Criminal Act of Human Trafficking, especially in Indonesia, which is one of the countries of origin, transit, and destination of human trafficking. In this article, readers will be invited to understand various aspects of Criminal Act of Human Trafficking, starting from the definition, legal elements, modus operandi of perpetrators, impacts on victims, to prevention and law enforcement efforts that have been and can be carried out. With the increasing cases of human trafficking in various parts of the world, including Indonesia, it is hoped that this article can be a small contribution in supporting efforts to eradicate Criminal Act of Human Trafficking. This can be seen from the number of cases of workers who reported to The United Fishing Vessel Crew Union (SAKTI) of North Sulawesi.

The United Fishing Vessel Crew Union (SAKTI) of North Sulawesi is a workers’ organization that continues to play a role in providing services and protection for fishery workers in North Sulawesi. The presence of the SAKTI SULUT is an initial step to ensure decent working conditions for fishery workers. Although the struggle of the fishing vessel crew union can be said to be very new, SAKTI’s role in increasing awareness and protection for fishery workers or prospective workers so that they do not become victims of the Criminal Act of Human Trafficking. In an effort to realize this, the welfare of workers and their families must be considered because it is one of the pillars of continuity in employment relations.

Thus, this Report has been compiled, hopefully it will be useful and provide information for the general public, especially fisheries workers and the parties involved in it.

GENERAL CHAIRMAN OF SAKTI SULUT

ARNON HIBORANG

II. BACKGROUND

the Criminal Act of Human Trafficking is a serious crime involving human exploitation through recruitment, transportation, transfer, harboring, or receipt of people using threats, violence, fraud, coercion, abuse of power, or other forms of coercion. the Criminal Act of Human Trafficking violates human rights and is often transnational.

The elements of the Criminal Act of Human Trafficking refer to the elements that must be met so that an action can be categorized as a crime of human trafficking. Based on the Palermo Protocol and legal provisions in Indonesia, such as in Undang-Undang No.21 Year of 2001 concerning the Eradication of the Crime of Human Trafficking, the elements of the Criminal Act of Human Trafficking consist of:

1. Elements of Action (Act)

This includes acts committed by the perpetrator, such as:

● Recruitment: Inviting or looking for people to be employed.

● Transportation: Moving someone from one place to another.

● Shelter: Providing temporary housing for the victim.

● Delivery: Sending the victim to a place.

● Transfer: Moving the victim from one location to another.

● Receiving people: Taking or storing the victim.

2. Element of Means

The method or means used to carry out the act, such as:

● Threat of violence: Intimidating the victim so that he does not fight back.

● Use of violence: Physically or mentally harming the victim.

● Kidnapping: Taking someone by force without consent.

● Fraud: Providing false information or deceiving the victim.

● Abuse of power or vulnerable position: Taking advantage of the victim’s dependence due to economic, social, or physical conditions.

● Giving or receiving payments/benefits: To obtain the consent of a person who has control over the victim.

2. Purpose Element

The main purpose of this crime is to exploit the victim, which includes:

● Sexual exploitation: Such as forced prostitution or pornography.

● Forced labor: Employing the victim without wages or in inhumane conditions.

● Slavery: Treating the victim as property.

● Organ harvesting: Illegally harvesting the victim’s organs.

● Other exploitation: Forms of exploitation that cause the victim to suffer.

Understanding the elements of the Crime of Human Trafficking (TPPO) has a very important role, especially in prevention efforts, case handling, and law enforcement. Here are the reasons why understanding the elements of TPPO is crucial:

1. Early Case Identification and Detection

By understanding the elements of Human Trafficking, such as actions, methods, and goals, the community and law enforcement can more quickly identify signs of human trafficking. This helps prevent cases before victims experience further exploitation. Example: Understanding the methods of fraud or threats often used by perpetrators can help potential victims avoid danger.

2. . Effective Law Enforcement

In the legal process, a deep understanding of the elements of TPPO helps law enforcement officers prepare appropriate charges and strengthen evidence in court. Every proven element will strengthen the legal position to punish the perpetrator.

3. Protection of Victims’ Rights

Understanding the elements of Human Trafficking ensures that victims receive their rights in accordance with the law. For example, if the victim is a minor, the ‘method’ element does not need to be proven, making it easier to protect the victim.

4. Prevention of Transnational Crime

TPPO often involves international networks, so understanding its elements is important for cross-country collaboration. This includes identifying trade routes, perpetrators, and modus operandi.

5. Increasing Public Awareness

Understanding the elements of Human Trafficking allows the public to be more aware of the dangers of human trafficking. Thus, they can be more alert to the modes often used by perpetrators and contribute to the prevention of Human Trafficking cases.

6. Ensuring Compliance with International Legal Protocols

As one of the countries that ratified the Palermo Protocol, understanding the elements of TPPO helps Indonesia carry out its obligations in eradicating human trafficking according to international standards.

Understanding the elements of Human Trafficking is not only important for law enforcement, but also for the wider community, organizations, and institutions involved in eradicating this crime. With this understanding, we can together create an environment that is safe and free from the crime of human trafficking.

III. LEGAL STUDY ON TPPO

In Indonesia, handling of Human Trafficking, including in the fisheries sector, is regulated through various legal instruments, including laws, government regulations, and sectoral policies. The following are the main national legal instruments:

1.) Lawsa. Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking (Article 2)

● Main Focus: Providing a legal basis for the prevention, handling, and eradication of TPPO.

● Important Content: Definition and forms of Human Trafficking, including labor exploitation and forced labor.

● Sanctions for perpetrators of Human Trafficking.

– Legal protection for victims of Human Trafficking, including restitution.

– Article 2 paragraph 1: Any person who recruits, transports, shelters, sends, transfers, or receives a person with the threat of violence, use of violence, kidnapping, confinement, forgery, fraud, abuse of power or vulnerable position, debt trapping or giving payment or benefits even though obtaining the consent of a person who has control over another person, for the purpose of exploiting the person in the territory of the Republic of Indonesia.

● Relevance to the Fisheries Sector: Human Trafficking often involves forced labor on fishing vessels, where victims are left without adequate protection and compensation.

b. Law No. 13 of 2003 concerning Manpower (as amended by Law No. 6 of 2023 concerning Job Creation)

● Main Focus: Providing protection for workers in Indonesia.

● Key Content: Regulating workers’ rights, including wages, working hours, and decent working conditions.

● Providing a legal basis for the protection of domestic workers in the fisheries sector

2) Government Regulation (PP)

a. PP No. 9 of 2008 concerning Procedures and Mechanisms for Integrated Services for Witnesses and/or Victims of Human Trafficking

– Regulates the mechanism for providing services to victims of Human Trafficking, including legal assistance, protection, and rehabilitation.

3) Presidential Regulation (Perpres)

a. Perpres No. 69 of 2008 (amended by Perpres No. 49 of 2023)

– Regulates the establishment of the Human Trafficking Prevention and Handling Task Force.

– This task force is tasked with coordinating the handling of Human Trafficking at the national level, including policy formulation and supervision.

4) Ministerial Regulation

a. Ministerial Regulation No. 33 of 2021

– Regulates the management of fishing vessel manning, fishing logbooks, vessel inspections, and monitoring of fishing vessel activities.

– Relevant to prevent exploitation of labor in the fisheries sector.

b. Regulation of the Minister of Marine Affairs and Fisheries No. 35 of 2015 concerning the System and Certification of Human Rights (HAM) in Fisheries Businesses

– This regulation was created to ensure that fisheries businesses in Indonesia comply with international human rights standards and reduce human rights violations, such as modern slavery, forced labor, or other workers’ rights violations.

– This regulation contains 11 indicators that aim to increase the competitiveness of Indonesian fisheries products and support respect for human rights in the fisheries business in accordance with international principles. These indicators are:

1. Respect for Human Rights: Respect the human rights of those affected by business activities.

2. Fair and Decent Working Conditions: Including appropriate remuneration, adequate rest, adequate standard of living, access to health, social insurance, and protection from work risks.

3. Sea Work: Ensure employment contracts that comply with international standards, including provisions for decent wages.

4. Prevention of Forced Labor: Prohibit forced labor practices in all forms such as violence, threats, or withholding of identity documents.

5. Provision of Human Rights Training: Provide ongoing training related to human rights for workers.

6. Clear Human Rights Policy: Provide a statement of commitment to respect and comply with all regulations related to human rights.

7. Human Rights Due Diligence: Proactively identify, analyze, and address the impacts of human rights violations.

8. Human Rights Remedies: Provide a mechanism for redress for victims of human rights violations.

9. Socialization of Human Rights Policies: Make human rights policies accessible to the public and serve as company guidelines.

10. Prevention of Discrimination: Protect the rights of women, children, and people with disabilities in the workplace.

11. Improving Worker Welfare: Ensuring access to accommodation, food and other basic facilities

5) Synchronization with International Instruments

a. Palermo Protocol and ILO Conventions: Several national regulations have been adjusted to these international instruments, although their implementation still needs to be improved.

b. Existing regulations also support the Sustainable Development Goals (SDGs), especially the goal of eliminating forced labor and human trafficking (Target 8.7).

At the international level, Human Trafficking is addressed through various legal instruments designed to prevent, prosecute, and protect victims of human trafficking. The following are the main instruments:

1) Palermo Protocol :

– Nama Resmi : Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

– This protocol is part of the UN Convention on Transnational Organized Crime (UNTOC) and is the main international standard in combating TPPO, including in the fisheries sector.

– Requires states to prevent TPPO, protect victims, and prosecute perpetrators. In the context of fisheries, the Palermo Protocol provides a framework for addressing exploitation that occurs on fishing vessels.

2) ILO Forced Labour Convention No. 29, 1930 :

– Prohibit all forms of forced or compulsory labor. In the fisheries sector, forced labor is often the modus operandi of human trafficking, where workers are forced to work under exploitative conditions.

– The 2014 Protocol to the Forced Labour Convention renewed the global commitment to address forced labour, including in transnational contexts.

3) Work in Fishing Convention, 2007 :

– This convention provides international working standards for workers on fishing vessels.

– Emphasize safety, occupational health and decent working conditions on board ships.

– In the fisheries sector, ILO 188 is particularly relevant to prevent exploitation, ensure payment of wages, reasonable working hours, and access to legal protection.

4) Bali Declaration 2016 :

– Produced at the Conference on Fishing Vessels and Related Activities in Bali. This declaration encourages regional cooperation to eradicate Human Traficking in the fisheries sector.

– Strengthening the role of Southeast Asian countries in combating Human Trafficking by increasing supervision and protection of workers’ rights on fishing vessels.

5) Sustainable Development Goals (SDGs) PBB :

– Target 8.7 : End forced labor, modern slavery and human trafficking

– Target 14 : Protecting marine resources from over exploitation, including ilegal fishing practices often associated with Human Trafficking.

6) FAO Port State Measures Agreement (PSMA) :

– Focus on preventing illegal, unreported, and unregulated fishing (IUUF) by controlling fishing vessel access to ports.

– Although it does not directly address Human Trafficking, PSMA helps prevent labor exploitation that often occurs in illegal fishing activities Top of Form

Reports of victims received by SAKTI Sulut every year include indications of forced labor and Human Trafficking (TPPO). Forced labor and (TPPO) have a close relationship, where forced labor is often a form of exploitation carried out against victims of TPPO. In the context of TPPO, victims are trafficked for the purpose of exploitation, one of which is forced labor. According to the UN Protocol on the Prevention, Suppression and Punishment of Trafficking in Persons, exploitation includes:

Work or services performed under threat of violance

● Use manipulation, threats, or coercion to restrain the victim’s freedom.

For example: Victims who are promised high-paying jobs abroad often end up in conditions of forced labor without pay or with very limited freedom.

There are several key elements that indicate a relationship between TPPO and forced labor, including:

● Recruitment and Coercion: TIP often involves recruiting victims through deception, falsification of documents, or threats. Victims are then forced to work under conditions that violate human rights.

● Economic Exploitation : TPPO perpetrators exploit victims to gain profit, for example by withholding victims’ documents so that they cannot leave their jobs.

● Debt System: In many cases of forced labor, victims are trapped in a system of unpayable debt, binding them to a situation of exploitation.

In the 2019-2024 period, SAKTI North Sulawesi has received 314 reports divided between: 219 domestic victims and 90 foreign victims, while reports in the seafood management sector amounted to 5 reports.

Photo of work accident victim

VICTIM DATA SAKTI 2019 – 2024

Domestic victims : 219 victims

overseas victims : 90 victims

seafood processing victims : 5 victims

Total : 314 victims

IV. CASE ANALYSIS OF FISHERIES WORKER

A. PROBLEMS OF DOMESTIC FISHERIES WORKER

There are 13 problems frequently experienced by Domestic Fishing Vessel Crews, namely:

Debt Trap

Fishing vessel crew (AKP) from North Sulawesi, are often trapped by the lure of large loans of Rp. 5,000,000 to Rp. 10,000.00 million Rupiah, as well as the administration of AKP documents such as BST, Sailor’s Book and Tickets to depart to the ship’s location, at the beginning of being recruited by the Ship Owner or Broker, so that AKP is interested in working on fishing vessels in the areas of Bitung City, Probolinggo, Benoa Bali and Muara Baru Jakarta. Unbeknownst to the AKP himself, where he is already bound by debt which will later be deducted from his salary after AKP leaves for sea to catch fish. and if AKP cannot pay off the debt, the Ship Owner will threaten to report it to the authorities.

1. Perjanjian Kerja Laut (PKL) /Work Agreement

A maritime work agreement (PKL) is a work agreement which is written based on an agreement between the ship owner and the crew of

the fishing vessel and sets out the rights and obligations of each party and is ratified by the fisheries harbormaster. At least in two copies and given to Fishing vessel crew One and owner one. However, the facts on the ground are that the ship owner never gave a copy of the Sea work Agreements to the Fishing vessel crew, even the Sea work Agreements made by the ship company was not given the opportunity for the Fishing vessel crew to read, there was even a forged Fishing vessel crew signature in the Sea work Agreements.

2. Social Assurance

Many fishing vessel crews are not included in the BPJS Employment and Health social security by fishing vessel business actors, when AKP gets sick they will bear their own costs for medical treatment to the doctor, hospital and if they experience a disaster such as a work accident to death or work-related illness and death, the employer or company only provides compensation arbitrarily not in accordance with existing regulations.

3. Document Forgery

Document forgery often occurs to Fishing Vessel Crew and Captains, where the recruiter always promises that the Basic Safety Training (BST) skills certificate and Seaman’s Book will be assisted by the recruiting company, without having to take training, just attaching a family card and ID card. Meanwhile, the Captain is also the same in getting the Ankapin Skills and Skills certification, BST, and Seaman’s Book, they also do not take the training applied in the regulations.

4. Wages Below The Minimum Wage

The wages of fishing vessel crew are still below the Minimum salary , because the fishing vessel company always refers to certification of expertise and skills and there are also fishing vessel companies that arbitrarily provide wages to Fishing vessel crew.

5. Unilateral layoffs

Fishing vessel crews always experience unilateral layoffs carried out by the fishing vessel company, various reasons from the company such as reduced response results, difficult ship permits and falling fish prices

and the layoffs are not in accordance with employment regulations. Even without being given compensation and severance pay

7. Excessive Working Hours

Working on a fishing vessel where working hours cannot be determined depending on the catch, when the catch is high, Fishing vessel crew can work up to 16-20 hours per day and when the catch is low, it can be up to 10-14 hours per day.

8. Discrimination and Threats

Fishing vessel crews often experience discrimination from fishing vessel owners, where most fishing vessel owners in Muara Baru and Benoa Bali are foreigners, and always receive threats if the AKP unilaterally terminates the contract for any reason.

9. Physical and Verbal Violance

Ship owners and ship managers often commit physical and verbal violence against Fishing vessel crew. This violence occurs when there is a problem with the rights between the ship owner and Fishing vessel crew, and the ship owner and ship managers commit violence against Fishing vessel crew and threaten A Fishing vessel crew if they reports the problem.

10. Burdensome Work Contract

In addition to the Sea Work Agreement there is an agreement made by the ship owner to the Fishing vessel crew Contract Agreement. The Fishing vessel crew must sign on a sufficient stamp a two-year work contract, if the AKP does not violate the work contract then the costs from the beginning of recruitment will be borne by the Fishing vessel crew himself.

11. Wage Guarantee

Fishing vessel crew wage guarantee where the wage is paid half per month, from the agreed wage the other half is retained by the Company if the Fishing vessel crew completes the new contract the company will pay, but if it is not completed then half of the salary in the company will be forfeited.

12. Document Retention

Document retention often occurs to fishing vessel crews, where AKP documents such as Id card,Family Card,Sertificate and Seaman’s Book

become collateral for work contracts and loans to the fishing vessel company.

13. Occupational Safety and Health (OSH)

Occupational safety and health on fishing vessels are inadequate, sometimes the ship owner does not provide work protective equipment to the AKP and the AKP must buy it themselves, and the AKP has never received the OSH training.

14. First Aid is Inadequate

On fishing vessels, there is no first aid for illness and work accidents, where there is no preparation of medicine for first aid when the AKP is sick or has a work accident, most of it is just ordinary medicine and so on.

15. Lack of Nutritious Food

The preparation of nutritious food for AKP is very limited because the time the ship leaves to catch fish is up to three months and six months, while the stock of food, vegetables, etc. is limited and when it runs out, AKP eats whatever is available, which is what causes illness and even death.

B. Crhonology of The Fisheries Workes Case

1. Mr. F.L

a) Case Crhonology

Mr. F.L., 48 years old, lives in Wangurer Barat Village, Madidir District, Bitung City, North Sulawesi Province, with a Fisherman/Fisheries job status. Mr. F.L. has worked as a fishing boat crew in Bitung City since he was 18 years old until now.

In August 2024, Mr. F.L worked on the ship KM. J.M. 888 owned by PT. BMB which is located in Aertembaga in Bitung City, with a type of fishing gear of a circle net. In October 2024 the ship KM J.M departed to catch fish and at the same time remove fish aggregating devices (FADs) in the Maluku sea area with a journey of approximately two days and two nights. While carrying out the work activity of removing the anchor of the aggregating device weighing approximately 500 kilos, suddenly the anchor rope got tangled around Mr. F.L’s ankle so that he was thrown into the sea, thankfully right at the time of the incident there was one of the crew members of the ship KM J.M saw the incident and immediately jumped into the sea carrying a rope and a life jacket then to provide assistance to Mr. F.L.

After boarding the ship, it was found that under the right ankle of Mr. F.L. it was broken and bleeding so much that the Captain of KM. J.M 888 panicked seeing this and KM J.M immediately went to one of the islands in Maluku to get first aid. After several days of being treated at the health center in Fala, because the medical facilities in Fala were inadequate, Mr. F.L. was taken home to Bitung using a sea transportation ship. After arriving in Bitung, Mr. F.L.’s wife immediately took him to the hospital for an examination, and the doctor’s advice was to have surgery immediately. After several operations, the doctor issued a verdict that Mr. F.L. was permanently disabled with the loss of one foot. while Mr. F.L. was the backbone of the family and had two children who were still in school.

b) Victim Equipment

– Employee Requirements : KTP

– Employee Agreement : Does Not have sea work Agreement

– Wage System : Profit Sharing

– Social Health Assurance : There’s no Social Health Assurance

c) Victim Complaints

– Temporary Disability Benefits

– Social Assistence for Families

– Refund of Transportation Costs incurred by the family during Treatment

d) Settlement Process

– Once mediation with BMB company.

– Twice with The Harbor Master of Bitung City Fisheries

– Selesai

e) TIP Analysis

– This case is included in Human Traficking because it contains several elements of Human Traficking, namely: by means (action) where in the process the employer defrauds the victim and abuses power.

2. Mr D.G

a) Case Crhonology

Mr. D.G is a 49-year-old fisherman/fishery worker living in Papusungan Village, South Lembeh District, Bitung City, North Sulawesi Province. In January 2024, Mr. D.G departed from Bitung City using a Pelni ship with 15 Fishing Vessel Crew (AKP) to Tual,

Maluku Province to work on a fishing vessel KM. W.A owned by PT. M.S with a net fishing gear.

After arriving in Tual, Mr. D.G and the 15 AKP immediately carried out their usual activities. For approximately one week in Tual, KM. W.A set out to catch fish in the Arafura Sea. Several months in the Arafura Sea, one of the AKP fell ill. Because Mr. D.G was a captain on the KM. W.A ship, he provided information to PT. MS that there was one sick AKP on board. PT. MS directed Mr. D.G to find the nearest port to Merauke Papua. When he arrived in Merauke, Mr. D.G immediately took the AKP to the hospital for treatment.

After being treated for approximately three days in Merauke, the doctor allowed them to go home, and the KM. W.A ship returned to the fishing area. Approximately two months later, KM WA experienced a main engine failure and had to return to the base in Tual to make repairs. Upon arriving in Tual, PT.MS came from Jakarta to Tual to see the condition of KM. WA. Because the ship repairs took a long time, several AKP also applied for leave to return to Bitung. Meanwhile, for approximately one week, AKP were only given food once a day (afternoon or evening). Two people from PT. MS committed physical violence against four AKP until they suffered bruises on their faces and confiscated the AKP’s cellphone so that they could not report it to their families and related parties.

Seeing this, Mr. D.G and the 15 AKP asked to go home. PT. MS said that the remaining salary of those who worked for six months would be paid half of the nominal amount, and the Pelni ship tickets to return to Bitung would be the responsibility of each on the grounds that the AKP did not complete the work contract agreement for two years.

b) Victim Equipment

– Employee Requirements : Basic Safety Training, Sailor’s book, Id Card, and Family card

– Employee Agreement : Have a sea work agreement and have 2 year work contract

– Wage system : Monthly Salary

– Social Assurance :There’s no Social Health Assurance

c) Complaints/Reports

– Remaining salary withheld

– Refund of Pelni Ship tickets

– Physical Violence

– 2023 holiday allowance

– 10% bonus from the catch

d) Completion process

– 4 Times Mediation with M.S company facilitated by Tual Harbor

– Done

e) Case Analysis

– It is a TPPO because the 4 victims received physical violence from M.S Company until they suffered bruises on their faces and confiscated AKP’s cellphone so that he could not report to his family and related parties.

3. Mr. C.T

a) Case Crhonology

Mr. C.T., 43 years old, a fisherman/fishery worker, lives in Girian Atas Village, Girian District, Bitung City, North Sulawesi Province. In May 2024, Mr. C.T. left Bitung for Tual, Maluku Province to work on KM. I 29 owned by IGP Company with a drift gill net fishing gear.

After arriving at KM. I 29, Mr. C.T signed the Sea Work Agreement (PKL) and the next day KM. I 29 left to catch fish in the AraFura sea. Approximately 2 months later, KM. I 29 returned to the base in Tual to unload the catch which took approximately one week and then returned to the AraFura sea. Exactly in July 2024, Ms. D.G, the wife of Mr. C.T., received news via telephone from IGP Company which informed that Mr. C.T. had died due to stomach acid disease and asked Ms. D.G. to come to Tual to pick up Mr. C.T.’s body.

Then Ms. D.G. left for Tual. Upon arrival in Tual, IGP Company gave compensation of 11 million rupiah to Ms. D.G. on the condition that she sign a statement stating that Ms. D.G. would not sue IGP Company again regarding Mr. C.T.’s insurance. Then Mr. C.T.’s body was taken home to Bitung City by plane. After the funeral process was completed, the brother of the late Mr. C.T. called IGP Company to ask about the work accident insurance process, but IGP Company scolded the family and threatened to take legal action if they reported this problem. The late Mr. C.T. himself had 3 children who were still in school and was also the breadwinner of the family.

b) Victim Equipment

– Employee Requirement : Basic Safety Training, Sailor’s book, Id Card, and Family card

– Employee Agreement : Have a sea work agreement

– Sistem pengupahan : Monthly Salary

– Social Assurance : There’s no Social Health Assurance

c) Complaints/Report

– Social Assurance

– Remaining Salary has not been paid

d) Completion process

– 1 Mediation with IGP Company facilitated by Ministry of Maritime affairs and fisheries

– Done

e) Case Analysis

In this case, SAKTI identified it as Human Traficking because both the victim and his family received intimidation and threats from the company not to follow up on the demands for death insurance which is the victim’s right.

4. Mr. R.S

a) Case Crhonology

Mr. R.S is a 40-year-old fisherman/fishery worker with an address in Girian Indah Village, Girian District, Bitung City, North Sulawesi Province. Mr. R.S works as a Fishing Vessel Crew with the position of Captain on KM. ARO 06 owned by BNMS Company which is domiciled in Bitung City. Mr. R.S has worked on KM. Aro 06 since 2019, with good achievements where Mr. R.S has never made/committed any acts that are detrimental to BNMS Company. Exactly in August 2024, Mr. R.S along with 8 AKP were summoned by the director of PT. BNMS to sign a unilateral resignation letter without being given severance pay compensation. The reason from the Director was because the regulations issued by the KKP were very burdensome for Company, while there were around 15 other ships owned by BNMS Company were still operating as usual.

Mr. R.S and 8 AKP also received intimidation from the Director of PT. BNMS if Mr. R.S and 8 (eight) AKP refused to sign the unilateral resignation letter, then PT. BNMS would not provide a work experience letter to disburse Old Age Security (JHT) one of the programs in BPJS Ketenagakerjaan, however Mr. R.S and 8 AKP refused and asked the Director for a Sea Work Agreement . After Mr. R.S received his Sea Work Agreement, it turned out that while they were working, the signatures in the Sea Work Agreement were forged by individuals at BNMS Company based on orders from the Director. Mr. R.S and the 8 Fisheries Worker while working at BNMS Company were required to work on other ships, they had to come to work on Sundays if they didn’t come in then their salaries would be cut, even to the point of working in processing if the ship entered the dock.

a) Victim Equipment

– Employee Requirement : : Basic Safety Training, Sailor’s book, Id Card, and Family card

– Employee Agreement : Have a sea work agreement

– Sistem pengupahan : Monthly Salary

– Social Assurance : There’s no Social Health Assurance

b) Complaints/Report

– Forgery of signatures on employment contracts

– Compensation

– Severance Pay

– Long service award money

c) Completion Process

– Report to Bitung Police regarding forged signature

– 2 mediation facilitated by the Bitung City Fisheries Harbor master

– RDP at Bitung City DPRD Regarding PT. BNMS carrying out forced labor

– Reports received at the Bitung City Manpower Office

d) Cse Analysis

– It is a form of Human Traficking and Forced Labor due to the elements of coercion and intimidation from the company, forced work outside working hours, forced signing and falsification of documents (Basic Safety Training) by the company.

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