KAJIAN YURIDIS TENTANG HAK DAN KEWAJIBAN BAGI AWAK KAPAL DAN PENGUSAHA KAPAL (Suatu Studi di Kantor Pelabuhan Laut Kota Kendari)

Abstract

This study aims to determine and understand the implementation of rights and obligations towards crew members who work as ship laborers. To determine and understand the function or role of the captain as the employer's representative on the ship. This study was located at the Kendari Sea Transportation Office and the Kendari City Harbor Master's Office. This study uses descriptive qualitative analysis. Qualitative descriptive is the selection of appropriate data so that the reality in the field can be clearly explained and can avoid the use of inappropriate data. Based on the analysis of the data and facts that the author has obtained, the author concludes, among others: a) That the implementation of the rights and obligations of crew members who work as ship laborers has been carried out in accordance with the provisions in the contents of the sea work agreement, but some sea workers do not fully implement the contents of the sea work agreement because it is caused by the receipt of wages obtained from the ship's entrepreneur or employer does not match what is expected by the sea workers, so that workers often neglect their obligations as ship workers at sea on the grounds that the wages or salaries given by the ship's entrepreneur are not paid in full if the results obtained by the ship's entrepreneur from the work of the ship's crew do not get satisfactory results according to what the ship's entrepreneur expects. In addition, there is a delay in payment of salaries for the ship's crew from the employer or ship owner so that it affects the fulfillment of the obligations of the ship's crew as agreed in the sea work agreement with various reasons put forward in order to meet the needs required by the workers, so that the ship owner feels that the workers are not competent in carrying out their work so that there needs to be a reduction in the salary that has been agreed in the sea work agreement; b) That the function and role of the ship's captain as a representative of the employer has been mostly carried out by the captain, even the captain often deviates from the provisions of the ship's cargo that have been determined by the government that the weight of the ship has been limited by the provisions that have been regulated in the loading of the ship.