Legal protection for ship crews who work abroad as migrant laborers has become an increasingly important issue in today’s era of globalization. As demand for maritime labor grows, many countries rely on migrant workers to fill shortages in the shipping industry. Although migrant workers contribute significantly to the global economy, they often face serious challenges in safeguarding their rights, including matters related to employment contracts and working agreements.
Employment agreements for ship crews must comply with various international regulations, including the 2006 Maritime Labour Convention (MLC 2006), which sets minimum standards for the protection of workers in the maritime sector.
Relevant ministries and government agencies have been mandated to formulate, negotiate, and sign international agreements, with implementation to be in accordance with the 1969 Vienna Convention on the Law of Treaties and Law No. 24/2000 on International Treaties.
The 1969 Vienna Convention establishes the obligation of states to implement treaties in accordance with the principles of freedom of contract, good faith, and pacta sunt servanda. Pacta sunt servanda signifies that agreements are binding upon the parties and must be carried out as intended.
Professor Agustinus Supriyanto presented research findings from the UGM Center for Asia Pacific Studies (PSAP UGM) on the placement and protection of Indonesian fishers working on South Korean–flagged vessels during a discussion at the UGM Innovation and Creativity Hub (GIK UGM) on Thursday (Nov. 6).
As an expert staff member of PSAP UGM and a lecturer in international law at the UGM Faculty of Law (FH UGM), he emphasized that relevant ministries and agencies should refer to the International Law Commission’s interpretation of the principle of good faith, which requires parties to refrain from actions that may hinder the implementation or undermine the purpose of an agreement.
“These recommendations were submitted to the Government of Indonesia following PSAP UGM’s 2024–2025 assessment study of the Memorandum of Understanding between Indonesia’s Ministry of Manpower and South Korea’s Ministry of Oceans and Fisheries on Cooperation in the Employment and Labor Relations of Indonesian Fishers Working on Coastal Fishing Vessels in Korea (MSP 2021),” he explained.
“Our research is considered urgent because, although the MSP was signed in May 2021, the Implementing Arrangement required to operationalize the agreement has yet to be finalized by the two negotiating teams, even as we enter 2025.”
Dr. Yayan Hernuryadin, the Director for the Placement of Migrant Merchant and Fisheries Vessel Crews at the Indonesian Migrant Worker Protection Agency (BP2MI), expressed similar expectations. He stated that the involvement of experts is essential to resolving current challenges.
“This meeting is intended to discuss the repositioning of the signing of MSP 2021 and the provisions within MSP 2021 that need to be amended,” he said when opening the session.
Ratih Pratiwi Anwar, a researcher at PSAP UGM, noted that delays in implementing MSP 2021 are partly caused by the prolonged negotiation of the Implementing Arrangement, which has had serious implications for the protection of Indonesian migrant fishers.
She highlighted that the number of South Korean migrant fishers holding E-10 visas, commonly known as “E-10 crew,” continues to increase each year and now constitutes the majority of migrant fishers in this category.
“This group consists of migrant fishers who work on Korean coastal fishing vessels of 20 gross tons or more, operating within Korea’s Exclusive Economic Zone,” she explained.
Anwar added that PSAP UGM’s research on MSP 2021 is supported by the Policy Research Program of the Academy of Korean Studies, South Korea. The meeting on the Placement and Protection of Migrant Fishers in South Korea, organized by BP2MI in collaboration with PSAP UGM, aimed to discuss the repositioning of the signing of MSP 2021 and the provisions requiring amendment.
At the meeting, PSAP UGM presented its findings, including MSP 2021 provisions and draft Implementing Arrangements that require completion or revision by the negotiating teams to strengthen protections for E-10 migrant fishers in South Korea.
Pujiono, Head of the Indonesian Migrant Worker Protection Service Agency (BP3MI), Central Java, for the 2021–2025 period, commended PSAP UGM’s research, noting that MSP 2021 represents the first bilateral framework for migrant fishers adopted by Indonesia and South Korea, and even in Asia.
“MSP 2021 is expected to address key issues faced by E-10 fishers, including non-transparent placement processes, poor working conditions, unfair maritime employment contracts, and high placement fees and security deposits that burden fishers and their families,” Pujiono concluded.
Author: Agung Nugroho
Post-editor: Salma
Photographs: YouTube and PSAP UGM