Tanggungjawab Hukum Perusahaan Perikanan Dalam Pemenuhan Jaminan Kecelakaan Kerja Dan Jaminan Kematian Bagi Anak Buah Kapal (Studi Putusan Mahkamah Agung Nomor 447 K/Pdt.Sus-Phi/2024)

Abstract

This study examines the legal responsibilities of fishing companies in fulfilling occupational accident and death insurance for crew members working in the fisheries sector. This issue is crucial because work at sea carries a high risk of fatal accidents and death. The Supreme Court Decision No. 447 K/Pdt.Sus- PHI/2024 demonstrates the company's negligence in registering crew members in the BPJS Ketenagakerjaan social security program. This raises the issue of who should be responsible for providing protection to crew members who experience work accidents resulting in death. This study aims to determine the legal regulations regarding the rights of crew members, the company's responsibilities if they fail to register them, and the judge's considerations in determining the company's obligation to pay compensation. This study uses a normative juridical research method with a statute approach and a case approach to analyze relevant legal aspects. The data sources used are secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out through library research, which includes a review of relevant literature, laws and regulations, court decisions, books, and legal journals. This technique is complemented by document studies to obtain more detailed data and information regarding applicable legal regulations and practices. The results of this study demonstrate that the fishing company was clearly negligent as an employer in providing protection to its crew members by registering them with the BPJS Ketenagakerjaan program, as stipulated in Article 99 of the Manpower Law. Therefore, the judge's decision was appropriate, holding the fishing company fully responsible for paying compensation. However, in addition to civil liability, the company should also be subject to administrative sanctions as stipulated in Article 17 of Law Number 24 of 2011 concerning BPJS.