Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Maritime Labour Convention, 2006 (MLC, 2006) - Indonesia (Ratification: 2017)

The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that Indonesia has not submitted a declaration of acceptance of the amendments to the Code of the Convention approved in 2016 by the International Labour Conference and is therefore not bound by these amendments. The Committee notes that the amendments to the Code approved by the International Labour Conference in 2022 entered into force for Indonesia on 23 December 2024. In relation to these amendments, the Committee draws the Government’s attention to the questions included in the revised report form and requests the Government to reply to such questions in its next report, indicating in each case the applicable national provisions.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, in response to its previous comment, the Government indicates that Minister of Transportation Regulation No. PM 58 of 2021 concerning Maritime Labour Convention Certification, regulates vessels with a gross tonnage of 500 and above engaged on international voyages, whereas Government Regulation No. 7 of 2000 on Seamanship regulates the welfare and protection of seafarers on vessels operating domestically with a gross tonnage of less than 500. The Government states that Indonesia is committed to ensuring the protection of seafarers’ rights and compliance with the international standards of the MLC, 2006, on all types of vessels, including both large and small vessels. While noting this information, the Committee observes that Government Regulation No. 7 of 2000 does not give effect to a number of provisions of the Convention, such as Standards A2.2, A2.3, A2.4, A2.5.1 and A2.5.2, A2.7, A3.1, A3.2, A4.1, A4.2.1, paragraphs 8 to 14, and A4.2.2,A4.3, A5.1.4, and A5.1.5 as identified below for each relevant Standard. Furthermore, the Government has not indicated what are the alternative applicable provisions for non-certified ships such as domestic ships and ships under 500 gross tonnage engaged in international voyages, excluded from the scope of application of Minister of Transportation Regulation No. PM 58 of 2021. Recalling that the Convention applies to all ships regardless of tonnage and pattern of trading, the Committee requests the Government to adopt the necessary measures without delay to ensure that the protection afforded by the Convention is guaranteed to all ships within the meaning of the Convention

Article II, paragraphs 1(f) and 2. Definitions and scope of application. Seafarers. The Committee observes that both article 1 of Law No. 17 of 2008 concerning Shipping and article 1 of Minister of Transportation Regulation No. PM 58 of 2021 provide that a seafarer is a person who has the qualifications, expertise or skills as a ship’s crew, defined as people who work or are employed on a ship by the owner or operator of a ship for performing duties on the ship in accordance with their position listed in the seafarer’s book. The Committee notes that, in response to its previous request, the Government indicates that hotel and catering staff are seafarers who are classified as part of the ships’ crew based on Minister of Transportation Regulation No. KM. 30 of 2008 on seafarers’ identity documents which provides that workers serving on ships are required to possess a seafarer’s book and a Basic Safety Training (BST) certificate. The Committee further notes that article 3(2) of Minister of Transportation Regulation No. KM. 30 of 2008 also provides that a seafarer’s book is given to cadets who will be practising sailing on a ship. The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 2. Minimum age. Night work. In reply to the Committee’s previous comment, the Government states that young seafarers (cadets) are regulated under Circular No. 35 of 2024 concerning the guidance of students in maritime education and training, which applies to all types of vessels. Pursuant to paragraph 4 of this Circular, cadets on board are prohibited from working during night hours (9 p.m. till 6 a.m.). The Committee takes note of this information, which addresses its previous request.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. In reply to the Committee’s previous request, the Government indicates that, in Indonesia, children under the age of 18 are not permitted to work on board vessels, except for the purpose of educational training, which is regulated by Circular No. 35 of 2024. This Circular provides, under paragraph 4, for the list of hazardous types of work specific to the maritime sector prohibited for young seafarers and applies to all types of vessels. The Committee takes note of this information, which addresses its previous request.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee notes the Government’s indication that employment agreements for seafarers are regulated by Minister of Transportation Regulation No. PM 59 of 2021 concerning the Implementation of Service Businesses Related to Transportation in Waters. The Committee observes that this Regulation regulates recruitment and placement services for seafarers on board ships. The Committee further notes the Government’s indication that for domestic shipping vessels, shipowners can directly recruit seafarers under employment agreements (PKL) and Collective Bargaining Agreements (hereafter “PKB”) and that the parties to the agreement are the shipowner and the seafarers. The agreement is endorsed by the Harbourmaster or authorized manning agencies. In light of the above, the Committee requests the Government to clarify what are the applicable national provisions implementing Regulation 2.1 for seafarers directly recruited by shipowners for which Regulation No. PM 59 of 2021 does not apply. Noting that the Government refers to collective bargaining agreements, the Committee also requests the Government to provide copies of relevant collective agreements in force.

Regulation 2.1 and Standard A2.1, paragraph 1(a). Seafarers’ employment agreements. Signature of seafarer and shipowner or a representative. The Committee notes the Government’s indication, in reply to its previous comment, that in cases where the shipowner does not sign the agreement directly, a power of attorney granted to the manning agency must be attached. While noting this information, the Committee observes, once again, that article 108 of Minister of Transportation Regulation No. PM 59 of 2021 provides that the PKL must be signed by the seafarer and the owner or ship operator or ship crew agent and acknowledged by the Director-General or Harbor Master, and does not refer to a power of attorney in cases where the shipowner does not sign. The Committee further observes that article 123 of the same Regulation provides that procedures for signing PKL and certification of Seafarers’ books for commercial ships, passenger ships, motor sailing ships, Indonesian flagged and foreign flagged are regulated by separate Ministerial regulations, without however having received information on the adoption of such provisions. Noting that the national provisions do not seem to ensure that theseafarers’ employment agreement is always signed by the shipowner or her/his representativeas required by Standard A2.1, paragraph 1(a), the Committee requests the Government to take the necessary measures to comply with this provision of the Convention.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes that, in response to its previous request, the Government refers to Minister of Transportation Regulation No. KM. 30 of 2008 on seafarers’ identity documents which prescribes the particulars to be recorded in the seafarer’s book. The Committee notes that article 6(1) provides that the seafarer’s book form shall be prepared by the Directorate-General of Sea Transportation and shall contain at least a list of the validity period, health records, accident records, certificates held, mustering, and complete information on sailing experience and work conduct while on board. Recalling that Standard A2.1, paragraph 3, provides that the document to be given to seafarers containing a record of their employment on board the ship shall not contain any statement as to the quality of the seafarers’ work, the Committee requests the Government to ensure compliance with this provision of the Convention. The Committee requests once again the Government to provide an example of the approved document for seafarers’ record of employment.

Regulation 2.1 and Standard A2.1, paragraph 4(c). Seafarers’ employment agreements. Content. In reply to the Committee’s previous comment, the Government recalls that the matters to be included in a seafarers’ employment agreement (hereafter "SEA”) are prescribed under article 107 of Minister of Transportation Regulation No. PM 59 of 2021 concerning the Implementation of Service Businesses related to Transportation in Waters. The Committee notes that the Government specifies that the format of the SEA may vary, without however providing new samples of SEAs. The Committee takes note of this information.

Regulation 2.1 and Standard A2.1, paragraphs 5 and 6. Seafarers’ employment agreements. Minimum notice period for termination. In reply to its previous comments, the Committee notes that the Government refers to article 37 of Government Regulation No. 35 of 2021 concerning employment agreement for a specified period of time, outsourcing, working time and rest time, and termination of employment. The Government indicates that article 37(3)-(4), stipulates that a written notice of termination must be delivered, in a lawful and proper manner, no later than fourteen working days prior to the effective date of termination. For employees in a probationary period, the notice must be delivered no later than seven working days before termination. Article 36(i) of the same Regulation requires an employee who intends to resign to submit a written resignation no later than 30 calendar days prior to the effective date of resignation, subject to the other conditions stipulated by law. The Committee observes that, under national regulations, there are two types of work agreements based on the time of termination and that the minimum notice periods provided for under articles 36 and 37 of the above-mentioned Regulation only apply to Specific Time Work Agreements (PKWT) and that such minimum notice periods do not seem to exist for Unspecified Time Work Agreement (PKWTT). Furthermore, the Committee observes that the national provisions do not foresee the possibility for a seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons in conformity with the provisions of Standard A2.1, paragraph 6. The Committee accordingly requests the Government to take the necessary measures to give effect to the requirement ofStandard A2.1, paragraph 5, to establish minimum notice periods for the early termination of all types of employment agreements. It also requests the Government to ensure the need of the seafarer to terminate the contract without penalty on shorter notice or without notice for compassionate or other urgent reasons is taken into account, in accordance with Standard A2.1, paragraph 6.

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7 and Standard A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. The Committee notes that, in response to its previous comment, the Government indicates that it guarantees the payment of seafarers’ wages in cases of piracy or armed robbery as provided for under articles 47-49 of Minister of Transportation Regulation No. PM 58 of 2021, pursuant to which the seafarer’s employment agreement remains in force when a seafarer becomes a victim of maritime crime, including piracy, until repatriation. The Committee takes note of this information.

Regulation 2.2 and the Code. Wages.Noting that the implementing national provisions to which the Government refers, i.e. Minister of Transportation Regulation No. PM 58 of 2021 and Minister of Transportation Regulation No. PM 59 of 2021, do not cover the requirements for wages for seafarers employed on non-certified ships and seafarers recruited directly by shipowners, respectively, the Committee requests the Government to take the necessary measures to implement the requirements of the Convention for those categories.

Regulation 2.2 and Standard A2.2, paragraphs 3 to 5. Wages. Allotments. Following its previous comments on what is the basis for determining the reasonable charge, if any is made, by shipowners for transmission services and for determining any relevant exchange rate, the Committee notes that the Government refers to article 45 of Minister of Transportation Regulation No. PM 58 of 2021, under which wages are to be paid directly to crew members in accordance with the PKL and by reference to the prevailing Bank Indonesia exchange rate. The Committee also notes that the transfer of a proportion of wages for remittance at regular intervals to a person nominated by the seafarer is prescribed under the PLK and gives effect to the requirements of Standard A2.2, paragraphs 3 and 4. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 3. Hours of work and hours of rest.Normal working hours’ standard. The Committee notes that, in reply to its previous comments as to whether the normal working hours provided under Standard A2.3, paragraph 3 apply to all seafarers, including the master and chief engineer, the Government indicates that under article 24 of Minister of Transportation Regulation No. PM 58 of 2021, no exception is provided for the master and chief engineer and that, accordingly, they fall within the category of crew and are to be treated on the same basis as other seafarers. The Committee takes note of this information, which addresses its previous request.

Regulation 2.3 and Standard A2.3, paragraph 5. Hours of work and hours of rest. Limits. In reply to the Committee’s previous comments, the Government states that it is currently discussing, in tripartite consultations with the social partners, whether Government Regulation (PP) No. 22 of 2022 or, alternatively, Government Regulation No. 7 of 2000 should serve as the governing reference regarding the minimum hours of rest. The Committee observes that both article 24 of Minister of Transportation Regulation No. PM 58 of 2021 and article 17 of Government Regulation (PP) No. 22 of 2022 concerning Placement and Protection of Migrant Commercial Ship Crews and Migrant Fishing Ship Crews, applicable to seafarers on Indonesian flagged vessels of 500 gross tonnage or above that are engaged on international voyages and Indonesian seafarers placed on foreign flagged ships, respectively, guarantee a minimum of 77 hours of rest in any seven-day period. The Committee, however, observes that this requirement does not seem to be guaranteed for seafarers working on board non-certified Indonesian flagged ships, either operating domestically or with a gross tonnage of less than 500 gross tonnage engaged in international voyages, given that article 21 of Government Regulation No. 7 of 2000 stipulates that each crew member must be given at least 10 hours of rest in a 24-hour period, which implies that within a period of 7 working days, rest time for seafarers will cumulatively reach a minimum of 70 hours. The Committee requests the Government to adopt the necessary measures to ensure that provisions implementing the limits on hours of rest applicable to seafarers working on board non-certified ships subject to Government Regulation No. 7 of 2000 comply with the requirement of Standard A2.3, paragraph 5.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. Referring to its previous comments, the Committee notes the Government’s indication that records of working hours must be maintained and duly completed on board the vessel to facilitate inspection by officials during port calls. Seafarers are also entitled to retain their own copies of these records, and in the event of any discrepancies, they may lodge a complaint. The local port State Control (PSC) authorities are likewise authorized to request and verify the accuracy of the Working Hours and Rest Hours (WHRH) records. While noting this information, the Committee requests the Government to indicate the relevant laws or regulations implementing this requirement of the Convention.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. Further to its previous comments, the Committee notes that neither Minister of Transportation Regulation No. PM 58 of 2021 nor Government Regulation No. 7 of 2000 seem to ensure that seafarers working on board ships, who have had their scheduled hours of rest suspended to perform work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, are provided with an adequate period of rest, as soon as practicable after the normal situation has been restored, in compliance with the requirement of Standard A2.3, paragraph 14. Accordingly, the Committee requests the Government to take the necessary measures without delay to give effect to this requirement of the Convention.

Regulation 2.4, paragraph 2. Entitlement to leave. Shore leave. Further to its previous comments, the Committee notes the Government’s indication that the national provisions refer to “annual leave” but do not explicitly regulate “shore leave” when vessels are berthed in port. The Government states that, in practice, shore leave in Indonesia is generally determined by the shipping companies, with its duration and conditions governed by company policies and the applicable employment contracts. Noting the absence of national provisions in this respect, the Committee requests the Government to ensure without delay that the seafarers’ right to shore leave is provided for by legislation.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes the Government’s reply to its previous comment indicating that it had established standards on seafarers’ leave prior to the adoption of the MLC, 2006, which are set out in Government Regulation No. 7 of 2000. The Government further refers to Government Regulation No. 58 of 2021 which provides standards for seafarers aboard Indonesian flagged vessels of 500 gross tonnage and above on international voyages. While noting this information, the Committee observes once again that article 24 of Government Regulation No. 7 of 2000 provides that seafarers are entitled to 20 calendar days of annual leave and therefore does not comply with the requirement that annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment (Standard A2.4, paragraph 2). The Committee therefore requests the Government to take the necessary measures without delay to ensure that seafarers working on non-certified ships to whom Government Regulation No. 58 of 2021 does not apply, are given annual leave in compliance with Standard A2.4. In the absence of relevant information on the matter, the Committee reiterates its request to the Government to indicate how it has given due consideration to Guideline B2.4.1, paragraph 3, in implementing its obligations concerning annual leave in order to ensure that seafarers who work less than half of the contract period stipulated in the SEA are given paid annual leave on a pro-rata basis.

Regulation 2.4 and Standard A2.4, paragraph 3. Entitlement to leave. Prohibition of agreements to forgo annual leave. Exceptions. In reply to the Committee’s previous comment, the Government specifies that the Government ensures that no pre-employment agreement may compel seafarers to monetize their annual leave. While employers may, in certain circumstances, request the conversion of annual leave into monetary compensation during service at sea, the seafarer’s rights must be fully respected. Accordingly, seafarers retain the right to refuse, and any such arrangement must be based on a mutual agreement between the seafarer and the employer prior to the monetization of annual leave. The Committee observes that the competent authority does not seem to have prescribed the circumstances under which the minimum annual leave may be forgone. Recalling that any agreement to forgo the minimum annual leave with pay is prohibited, unless in specific cases, restrictively provided for by the competent authority, as provided by Standard A2.4, paragraph 3, the Committee requests the Government to take the necessary measures to prescribe such circumstances and to communicate statistical information on the number of authorizations issued.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that, in reply to its previous comments, the Government reiterates that Government Regulation No. 7 of 2000 ensures protection for seafarers until their repatriation and, for vessels over 500 gross tonnage engaged in international voyages, Minister of Transportation Regulation No. PM 59 of 2021 governs seafarers’ conditions comprehensively, from the commencement of their employment through to their repatriation to their place of origin. The Committee, however, observes that these provisions do not prescribe the specific circumstances in which seafarers are entitled to repatriation. While noting that the Declaration of Maritime Labour Compliance (hereafter “DMLC”), attached to Regulation No. PM 58 of 2021, reproduces the circumstances prescribed under Standard A2.5.1, paragraph 1 in which seafarers are entitled to repatriation, the Committee observes that such circumstances are not provided for non-certified ships which are subject to Government Regulation No. 7 of 2000. The Committee requests the Government to adopt the necessary measures to ensure that seafarers working on non-certified ships are entitled to repatriation in the circumstances provided for under Standard A2.5.1, paragraph 1 and 2(a).

Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that, in reply to its previous comment, the Government states in cases where a seafarer unilaterally breaches the contract, the cost of repatriation shall be borne entirely by the seafarer and if the employer unilaterally terminates the contract, the company is responsible for covering the repatriation costs to his/her place of origin, including travel tickets and accommodation. The Committee observes that article 26 paragraph 2 of Government Regulation No. 7 of 2000 provides that if the crew terminates the employment relationship of their own volition, the transport operator is exempt from the financial obligation for the return of the crew. The Committee recalls that with regard to the possibility provided by the Convention of recovering the costs of repatriation from the seafarer, the Committee underscores that this possibility is conditional upon the seafarer being found, in accordance with national laws or regulations or other measures of applicable collective bargaining agreements, to be in serious breach of his employment obligations. The Committee observes that the terms for what might constitute a breach of the contract or a reason under the SEA as situations where the shipowner may recover the costs of repatriation, pursuant to Standard A2.5.1, paragraph 3, do not seem to be explicitly and uniformly determined by the relevant legislation or other measures. The Committee draws the Government’s attention to the fact that the definition of what qualifies as a serious violation of the employment contract should not be left at the discretion of the shipowner. The Committee requests the Government to: (i) take the necessary measures to ensure that what is considered to be serious default of a seafarers’ obligations under their SEAs shall be explicitly determined by the relevant legislation, or other measures, or applicable collective bargaining agreements as situations where the shipowner may recover the costs of repatriation and not forfeit the seafarer’s right to repatriation; and (ii) specify the procedure to be followed and the standard of proof to be applied before any seafarer covered by the Convention can be found to be in serious default of the seafarer’s employment obligations, pursuant to Standard A2.5.1, paragraph 3.

Regulation 2.5 and Standard A2.5.1, paragraph 2(c). Repatriation. Entitlements. The Committee notes the Government’s indication, in reply to its previous comment, that the provisions of Government Regulation No. 7 of 2000 do not specify the mode of transportation to be used. The Government states that Indonesia’s geographic conditions as an archipelagic State makes it difficult to establish a uniform modality of return. Nevertheless, the repatriation procedures cover the seafarer’s journey through to their place of domicile, ensuring their return home. The Committee takes note of this information.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. Referring to its previous comment, the Committee notes that the Government states that financial security for the repatriation of seafarers is guaranteed through Minister of Transportation Regulation No. PM 59 of 2021. While noting that there is a financial system in place under the above-mentioned provisions, as well as under article 46 of Minister of Transportation Regulation No. PM 58 of 2021, the Committee observes once again that these national provisions do not specify the circumstances under which a seafarer is considered to have been abandoned. The Committee requests the Government to take the necessary measures to prescribe the circumstances under which a seafarer is considered abandoned (Standard A2.5.2, paragraph 2).

Regulation 2.7 and the Code. Manning Levels. Noting that Government Regulation No. 7 of 2000 does not implement the requirements of Regulation 2.7 and the Code and referring to its comments under Article I of the Convention, the Committee requests the Government to take the necessary measures to implement these requirements of the Convention for non-certified ships, including ships only engaged in domestic voyages and ships of less than 500 gross tonnage engaged in international voyages.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In reply to the Committee’s previous comments, the Government indicates that within its maritime industry, Indonesia has certain types of vessels that differ from those in other countries and that are therefore governed by specific provisions under Government Regulation No. 7 of 2000. Accordingly, exemptions are required for particular categories of vessels operating within territorial waters of Indonesia. The Committee understands that Minister of Transportation Regulation No. PM 58 of 2021 gives effect to the requirements of the Convention regarding accommodation and recreational facilities for certified ships of 500 gross tonnage or more, and that ships that do not fall under this category are subject to Government Regulation No. 7 of 2000. While noting this information, the Committee observes that the provisions of Government Regulation No. 7 of 2000 were adopted prior to the MLC, 2006, and depart from some of the requirements of Regulation 3.1 and the Code. The Committee recalls that Regulation 3.1 and Standard A3.1 apply to all ships that fly the flag of a Member and are not limited to certified ships of 500 gross tonnage engaged in international voyages. The Committee also recalls that while certain limited exceptions are permitted under Standard A3.1, paragraph 20, for ships of less than 200 gross tonnage, paragraph 21 makes clear that any exemptions concerning the requirements of Standard A3.1 are limited to those expressly permitted under the Standard and only for certain circumstances. The Committee requests the Government to adopt the necessary measures without delay to give effect to Regulation 3.1 and the Code for non-certified ships, ensuring that all exemptions to the application of the Regulations are made within the limitations provided for under Standard A3.1, paragraphs 20 and 21.

Regulation 3.2 and the Code. Food and Catering. Noting that Government Regulation No. 7 of 2000 does not implement the requirements of Regulation 3.2 and the Code and referring to its comments under Article I of the Convention, the Committee requests the Government to take the necessary measures to implement these requirements of the Convention for non-certified ships, including ships only engaged in domestic voyages and ships of less than 500 gross tonnage engaged in international voyages.

Regulation 4.1 and the Code. Medical care on board and ashore.Noting that Government Regulation No. 7 of 2000 does not implement the requirements of Regulation 4.1 and the Code and referring to its comments under Article I of the Convention, the Committee requests the Government to take the necessary measures to implement these requirements of the Convention for non-certified ships, including ships only engaged in domestic voyages and ships of less than 500 gross tonnage engaged in international voyages.

Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2. Shipowners’ liability. Financial security. In relation to the 2014 amendments to the Code of the Convention, the Committee notes that the Government states that this requirement is regulated by articles 95 and 114 of Minister of Transportation Regulation No. PM 59 of 2021 and that proof of such financial guarantees must be duly evidenced before a Notary. It further states that social security provisions under Government Regulation No. 7 of 2000 have established entitlements subject to supervision and inspection. While noting this information, the Committee observes that of Minister of Transportation Regulation No. PM 59 of 2021 does not cover seafarers that are not employed through recruitment and placement services. Furthermore, the provisions to which the Government refers do not stipulate how the financial security to be provided meets the minimum requirements of Standard A4.2.1, paragraphs 8 to 14, and Standard A4.2.2 to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, nor how effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation referred to in Standard A4.2.1, paragraph 8, through expeditious and fair procedures. The Committee requests the Government to take the necessary measures togive full application to these provisions of the Convention for all ships covered the Convention.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes the Government’s reply to its previous comment indicating that vessels of less than 500 gross tonnage are regulated under Government Regulation No. 7 of 2000 and that occupational safety and health in general is governed by Law No. 1 of 1970 on Occupational Safety and Health. The Committee observes that the national provisions to which the Government refers are of a general nature and do not address the specificities of work on board ships. Referring to its comments under Article I of the Convention, the Committee requests the Government to adopt the necessary measures to give full effect to the detailed provisions of Regulation 4.3 and the Code for non-certified ships.

Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes that the Government does not provide concrete information in reply to its previous comment. Recalling the significance of access to shore-based welfare facilities for the seafarers’ well-being, the Committee requests the Government to provide information on any measures adopted or envisaged to promote the development of shore-based welfare facilities in appropriate ports in Indonesia.

Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. Branches. The Committee notes that, in response to its previous request, the Government indicates that seafarers are required to be enrolled in the BPJS social security scheme, which covers health insurance, work accident insurance, death benefits, termination benefits, and old-age benefits. The Committee recalls that, in order to complement the protection afforded under Regulations 4.1 and 4.2, Guideline B4.5, paragraph 1 provides that the protection to be provided at the time of ratification should at least include the branches of medical care, sickness benefit and employment injury benefit. Noting that sickness benefit has not been specified by the Government, the Committee requests it to provide information on any development in the future to extend protection to other branches (Regulation 4.5, paragraph 2, and Standard A4.5, paragraph 11).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. In reply to its previous comment, the Committee notes the Government’s indication that seafarers with employment contracts of less than six months are entitled to the same rights as shoreworkers. The Government further indicates that Minister of Manpower Regulation No. 18 of 2018 concerning the Social Security of Indonesian Migrant Workers stipulates that seafarers working on foreign flagged vessels must be registered with the BPJS social security scheme. While noting this information, the Committee observes that the criterion for social security benefits is not residence, but it is based on work and paid contributions in Indonesia for at least six months, pursuant to article 1(8) of Law No. 40 of 2004 on national social security system and article 1(4) of Law No. 24 of 2011 on the implementing agency of social security, and while benefits for Indonesian Migrant workers are provided as they must be registered with the BPJS, there is no indication as to the situation of foreign seafarers ordinarily resident in Indonesia working on ships operating under the flag of another country. The Committee recalls that, under Standard A4.5, paragraph 3, each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory, irrespective of their nationality or the flag flown by the ship on which they are employed. The Committee requests the Government to provide statistical information on the number of foreign seafarers resident in Indonesia and working on board foreign flagged vessels, and their situation with respect to social security protection.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that, in response to its previous comment, the Government indicates that it has established the DMLC Part I, which refers to national requirements, while the DMLC Part II is prepared by the company and subsequently approved by the Directorate-General of Sea Transportation of the Ministry of Transportation. The Committee, however, observes that while the DMLC, Part I, annexed to Minister of Transportation Regulation No. PM 58 of 2021 concerning the MLC, 2006 certification contains information on the content of the national requirements, it does not provide references to the relevant national legal provisions for each matter to be inspected. The Committee requests the Government to adopt the necessary measures to revise the DMLC, Part I, in order to include a reference to the relevant national legal provisions, and to supply a copy thereof. The Committee reiterates its request to the Government to provide one or more examples of an approved DMLC, Part II, duly approved by the competent authority

Regulation 5.1.3 and Standard A5.1.3, paragraph 12. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Documents on board. The Committee notes the Government’s reply to its previous comment indicating that the DMLC is issued in Indonesian and English. The Committee takes note of this information, which addresses its previous request.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Referring to its previous comment, the Committee notes the Government’s indication that the Directorate-General of Sea Transportation has regulations governing ship Audits and that within this framework, the position of Marine Inspector is established. While noting this information, the Committee observes that the Government does not indicate how it ensures that inspections of working and living conditions are carried out for non-certified ships. The Committee requests the Government to take the necessary to ensure that inspections of working and living conditions prescribed by the MLC, 2006, are conducted at least every three years including for ships that are not required to carry a Maritime Labour Certificate, as required by Standard A5.1.4, paragraph 4.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. Referring to its previous comment, the Government indicates that the complaint procedures on board vessels are regulated under Minister of Transportation Regulation No. PM 58 of 2021 for ships above 500 gross tonnage and that Minister of Transportation Regulation No. PM 59 of 2021 sets out the minimum requirements for the PKL including provisions on complaint procedures. The Government further states that Indonesia has certain types of vessels that differ from those in other countries, which are regulated by Government Regulation No. 7 of 2000 and that accordingly, exemptions are required for particular categories of vessels operating within territorial Indonesian waters. Referring to its comments under Article I of the Convention, the Committee requests the Government to take the necessary measures to implement the requirements of Regulation 5.1.5 and the Code for non-certified ships, including ships engaged in domestic voyages, as well as ships of less than 500 gross tonnage engaged in international voyages.