KAJIAN YURIDIS PASAL 94 AYAT (2) UNCLOS 1982 TENTANG KEWAJIBAN NEGARA BENDERA TERHADAP PERLINDUNGAN ABK DAN IMPLEMENTASINYA DI INDONESIA.

Abstract

A crew member is any person working on a ship, whose duty is to operate and maintain the ship and its cargo, except the captain, As contained in Article 94 Paragraphs 2 (b) and 3 (b) there is an obligation imposed on the Flag State to take responsibility if the crew member gets into trouble. Problems studied: (1) How is the Obligation of the Flag State towards the crew according to UNCLOS 1982 (2) How is the Juridical Study of Article 94 concerning the Authority of the Flag State towards the crew and its implementation in Indonesia. This research uses a Normative Juridical legal approach by analyzing the rules of international and national rules regarding the obligations of the flag state to the protection of the crew by using primary legal materials in the form of legislation. Research Results (1) The obligation of the Flag State to the safety of the crew is something that has been stated and regulated in Article 94 paragraph 2 of the 1982 Unclose which aims to achieve standardization of the safety of crew members in shipping. The flag state has an obligation for the safety of crew members who work on the voyage of their ship. is important and must be considered from the start. (2) Juridical Study of Article 94 paragraph 3 of Unclose 1982 concerning the Authority of the Flag State towards the crew and its Implementation in Indonesia, namely that the rule has strongly emphasized the obligation of the flag state in the protection of crew, this can be seen from the points that are poured in the rule regarding the obligations of the flag state towards the safety of the crew. Responding to the high number of cases that occurred to the crew, the government issued a law related to the protection of Indonesian migrant workers, namely Law Number 18 of 2017 concerning the Protection of Migrant Workers In the legislation, the crew is referred to as "fishery seafarers", including Indonesian migrant workers.