Government Regulation Number 22 of 2022: A New Chapter for the Protection of Migrant Seafaring Workers

It is hoped that the regulation of a single authority for issuance of permits will be the final solution for solving the problem of PMI PP placement. That way, PMI PP can also enter a new phase accompanied by more guaranteed rights.

The government ratified Government Regulation Number 22 of 2022 concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews (PP 22/2022) on June 8, 2022.

The ratification is in accordance with the mandate of Article 64 of Law Number 18 of 2017 concerning Protection of Indonesian Migrant Workers. The Indonesia Ocean Justice Initiative (IOJI) welcomes PP 22/2022 with several notes. The IOJI note is expected to help the government review several matters in the latest regulations. The IOJI notes are summarized below:

1. In both, there are differences in terminology regarding the designation of Indonesian migrant fisher workers (PMI PP). The use of the terminology used to refer to Indonesian migrant workers who are employed or work on foreign-flagged fishing vessels should use the term as stated in Law 18/2017, namely Fishing Ship Crews or Pekerja Migran Indonesia Pelaut Perikanan, “PMI PP”
2. It is hoped that this arrangement regarding the sole authority for issuing permits will be the final solution for resolving the issue of duplication of licensing authority and supervision of PMI PP placement between the Ministry of Transportation and the Ministry of Manpower
3. Matters that need to be agreed upon in the memorandum of understanding between the parties include (a) minimum wage standards, (b) wage payment procedures, (c) occupational safety and health, and (d) mutual recognition of PMI PP training certificates ; (e) implementation mechanism for monitoring the fulfillment of rights; (f) mechanisms for monitoring the fulfillment of the rights of PMI working on ships with non-assignment country flags; (g) charging placement fees; and (h) law enforcement cooperation
4. The need for several considerations in an effective complaint management and dispute resolution mechanism The full press release can be viewed here