Open AccessEKSISTENSI KLAUSULA PELARUNGAN BAGI SEAFARER DI INDONESIA
Author(s) -
Sintong Arion Hutapea,
Winanda Kusuma,
Agung Kurnia
Publication year - 2021
Publication title -
unes law review
Language(s) - English
Resource type - Journals
eISSN - 2654-3605
pISSN - 2622-7045
DOI - 10.31933/unesrev.v4i2.217
Subject(s) - business , law , state (computer science) , position (finance) , political science , finance , mathematics , algorithm
In the world of shipping, seafarers are bound by a Seawork Agreement (PKL) which contains requirements that must be obeyed by the parties. This includes a clause that is included in the seafarer's employment contract. Implications arising from the burial of the seafarer's corpse. The existence of a banning clause in the seafarer's employment contract. The role of the state in providing legal protection for seafarers from confinement. The ban must meet 4 formal requirements. The unbalanced bargaining position makes entrepreneurs and seafarers as parties ban clauses can appear in street vendors. Finally, the seafarer inevitably has to obey the PKL that has been agreed with the entrepreneur. States intervenes in ensuring the protection of human rights for seafarers from the prohibition clause, it needs to be done by making changes to the legal system which includes the legal structure, legal substance and legal culture