RIGHTS LOST AT SEA? SOCIAL SECURITY FAILURES AND EMPLOYMENT TERMINATION INJUSTICES UNDER INDONESIAN LAW

This study aims to analyze the disharmonization of social security arrangements and termination of employment for crew members in the Indonesian legal system and formulate an integrative legal harmonization model. The method used is normative legal research with a legislative, conceptual, and comparative approach to the legal regime of employment, shipping, and social security. The results of the study show that regulatory fragmentation causes overlapping norms and regulatory gaps, especially related to the status of Maritime Labor Agreements, the sustainability of social security participation, and the protection mechanism after termination of employment. In practice, this condition has an impact on legal uncertainty, the disconnection of social protection, and the weak fulfillment of the normative rights of shipwrights. The study also found a disconnect between termination of employment and the social security system that magnifies the vulnerability of maritime sector workers. As a solution, this study offers a model of legal harmonization based on cross-regime integration through regulatory synchronization, strengthening institutional coordination, and integration of the Maritime Labor Agreement with the social security system. This model is expected to be able to realize sustainable and fair legal protection. The contribution of this research lies in the development of an integrative approach in maritime employment law and the provision of policy recommendations to improve legal certainty and social protection for shipowners.

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Publication Details

Journal
Petita Jurnal Kajian Ilmu Hukum dan Syariah
Published
2026-11-01
DOI
https://doi.org/10.22373/petita.v11i2.1374
Primary Topic
Labor Law and Work Dynamics
Type
article
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article

RIGHTS LOST AT SEA? SOCIAL SECURITY FAILURES AND EMPLOYMENT TERMINATION INJUSTICES UNDER INDONESIAN LAW

Rospita Adelina Siregar, Chontina Siahaan, Veby Senopati Silam, M. S. Tumanggor
2 links
Petita Jurnal Kajian Ilmu Hukum dan Syariah
Labor Law and Work Dynamics
article

RIGHTS LOST AT SEA? SOCIAL SECURITY FAILURES AND EMPLOYMENT TERMINATION INJUSTICES UNDER INDONESIAN LAW

Rospita Adelina Siregar, Chontina Siahaan, Veby Senopati Silam, M. S. Tumanggor
article en

Abstract

This study aims to analyze the disharmonization of social security arrangements and termination of employment for crew members in the Indonesian legal system and formulate an integrative legal harmonization model. The method used is normative legal research with a legislative, conceptual, and comparative approach to the legal regime of employment, shipping, and social security. The results of the study show that regulatory fragmentation causes overlapping norms and regulatory gaps, especially related to the status of Maritime Labor Agreements, the sustainability of social security participation, and the protection mechanism after termination of employment. In practice, this condition has an impact on legal uncertainty, the disconnection of social protection, and the weak fulfillment of the normative rights of shipwrights. The study also found a disconnect between termination of employment and the social security system that magnifies the vulnerability of maritime sector workers. As a solution, this study offers a model of legal harmonization based on cross-regime integration through regulatory synchronization, strengthening institutional coordination, and integration of the Maritime Labor Agreement with the social security system. This model is expected to be able to realize sustainable and fair legal protection. The contribution of this research lies in the development of an integrative approach in maritime employment law and the provision of policy recommendations to improve legal certainty and social protection for shipowners.

Petita Jurnal Kajian Ilmu Hukum dan SyariahVol. 11(2)
Universitas Kristen Indonesia (ID)
Peace, justice, and strong institutions, Decent work and economic growth
Openalex Percentile: Top 4%
Labor Law and Work Dynamics
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