Presentation about the recent progress on Indonesia's ratification on MLC, 2006

1. DIRECTORATE MARINE SAFETY AND SEAFARER’S AFFAIR, DGST-MINISTRY OF TRANSPORTATION 0F REP. INDONESIA
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2. 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
REGULATION
COMPLIANCE
FULLY
PARTLY
NOT YET
1.Minimum requirements 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
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Indonesia pay attention to the Seafarer’s rights

4. TITLE OF MLC 2006
REGULATION
COMPLIANCE
FULLY
PARTLY
NOT YET
2. Condition of employment
2.1
Seafarers’ employment agreements
2.2
Wages
2.3
Hours of work and hours of rest
2.4
Entitlement to leave
2.5
Repatriation
2.6
Seafarers compensation for the ship’s loss or foundering
2.7
Manning levels
2.8
Career and skill development and opportunities for seafarers’
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5. TITLE OF MLC 2006
REGULATION
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 welfare facilities
4.5
Social security
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6. 6
TITLE OF MLC 2006
REGULATION
COMPLIANCE
FULLY
PARTLY
NOT YET
5. Compliance and enforcement
5.1
Flag State responsibilities
5.1.1
General principles
5.1.2
Authorization of recognized organization
5.1.3
Maritime labour certificate and declaration of maritime labour compliance
5.1.4
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-supplying responsibilities
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7. 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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8. 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; Crew’s health; Crew’s 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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9. 4) Ministrial Regulation Number KM. 70 Year 1998 concerning Manning for Merchant Ship,
mainly regulates :
Crew’s function;
Crew’s 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
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10. 6) Ministrial Regulation Number PM. 84 Year 2013 concerning Recruitment and Placement for Ship’s 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 2006 concerning 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, today’s 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

14. Blanko of Recruitment and Placement Seafarers Agency’s License
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15. Medical Certificate
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16. Progress of Recruitment and Placement Lisence
Recently Indonesia has issued 9 Manning Lisence to Recruitment 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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17. MLC, 2006 Trainer
Up to 2014, Indonesia has 8 MLC, 2006 Trainers whose certified by ILO :
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Recommendation
Indonesia is strongly recommend ASEAN Member and China for using the Recruitment and Placement Services that has Manning Lisence issued 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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