Reconstruction of the Recruitment And Placement Mechanism for Indonesian Ship Crews in the Development of Maritime Services Based on Fair Legal Certainty

Abstract

The maritime services industry is a strategic sector that plays a vital role in supporting national economic growth, international trade, and the development of Indonesia’s maritime connectivity as an archipelagic nation. The demand for competent and professional Indonesian seafarers continues to rise alongside the growth of the shipping, fisheries, offshore oil and gas, and other maritime services industries. However, in practice, the mechanisms for recruiting and placing seafarers still face various challenges. This study employs a normative research design. Data were collected from libraries and the internet by downloading e-books and articles. To supplement the secondary data, this study conducted interviews with informants (government officials, legal experts, maritime industry practitioners, and crew agency operators). The analysis method used is descriptive qualitative analysis. The results of the study reveal fundamental weaknesses in Indonesia’s seafarer recruitment and placement system, including regulatory fragmentation, overlapping authority among agencies, bureaucratic complexity, weak coordination of oversight, and unclear regulations regarding direct recruitment by foreign shipping companies. These conditions create legal uncertainty, reduce the effectiveness of seafarer protection, and hinder the development of the national maritime services industry. This study concludes that a restructuring of the crew recruitment and placement mechanisms is necessary to integrate the functions of protection, oversight, and maritime development through strengthening the position of maritime service companies, harmonizing regulations, clarifying the authorities of relevant agencies, and establishing clear regulations regarding direct recruitment based on the principles of fair legal certainty and the values of Pancasila.