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Ghalib Alghani Lusarno

Abstract

Maritime legal matters in Indonesia have been historically regulated under Indonesian Commercial Code. However, the enactment of Law Number 17 of 2008 concerning Shipping along with its derivative regulations have served as the more specific law that provides guidance for maritime legal aspects in Indonesia, which replaced some maritime-related provisions under the Indonesia Commercial Code. In the scope of maritime law, Seafarer Employment Agreement (SEA) prevails as an agreement made between seafarers and their employer seafarer for the service provided on the ship, in which the Indonesian Commercial Code further specifies into single trip, fixed term, or unfixed term period. However, there is no clear provision concerning the maximum period of a fixed term of SEA both under the Indonesian Commercial Code and Law Number 17 of 2008 concerning Shipping. Resorting to the legal principle of lex specialis derogat legi generalis, the existence of Law Number 13 of 2003 concerning Manpower become the general law and legal reference in filling the absence of such provision in the Indonesian Commercial Code and Law Number 17 of 2008 concerning Shipping, and the provision therein is considered to be applicable to a fixed-term SEA due to the close characteristics between the two agreement.