PELAKSANAAN PERJANJIAN KERJA LAUT ANTARA PERUSAHAAN PELAYARAN DENGAN AWAK KAPAL{SETUDI DI KANTOR ADMINISTRATOR PELABUHAN PASURUAN}

Main Author: AMAL, AMAL
Format: Thesis NonPeerReviewed Book
Bahasa: eng
Terbitan: , 2008
Subjects:
Online Access: http://eprints.umm.ac.id/2951/1/Pelaksanaan_Perjanjian_Kerja_Laut_Antaraperusahaan.pdf
http://eprints.umm.ac.id/2951/
Daftar Isi:
  • Sea working Agreement is an agreement which was made by ship entrepreneur with ship crew to work on the ship and receive salary from the work. Indonesian Sea working Agreement is lack of effectiveness, that’s why it has to get an effective guarantee to the ship crew. The effective sea working agreement for the ship crew could be made by people education and supervision, which functioned to watch the application of rule or law agreement, also as law upholder by strict action, whether judicial or non-judicial to the ship companies which broke the law rule, also the companies which didn’t apply for the rule. Sea Working agreement application for rights and importance protection to the ship crew was effected by consideration and law pursuance for each sides. As told by section 1601 Perdata Law, which told about agreement stated that one side, labor, tied himself under the leadership of the other side, employer, for certain time, doing a work and receiving salary. Generally, the agreement stated orally, so that the breaking of salary by the ship company would make the labor inflicted a financial lost. They couldn’t pursue the man since there was no written evidence about the agreement. In order to increase law awareness and obedient to the law from every sides, whether ship crew or the entrepreneur. In the contrary, Pasuruan Port Administration Office as the responsible taker of every action in port scope doing construction in every work field region, explain, and giving advices about everything related with rule application to apply it effectively, consisted of understanding, condition, form, and work field which would show position, rights, and duty, each side would consider that they had to fulfill their obligation to get their rights. From entrepreneur side, ship company would realize that to get their rights, they had to fulfill the ship crew’s rights. It showed law awareness which brought to law obedience, obedience to run the event according to the existing rule, so the rule could be applied effectively.