LIFE INSURANCE IN MARITIME LABOUR AGREEMENT AS LEGAL PROTECTION AND CERTAINTY FOR FISHERMEN

Fishermen in working with weather, climate and sea wave problems, which are determinants of the catch, including the risk of life which causes necessity of insurance. The government has been holding fisheries insurance for fishermen, which aimed at fishermen, fish raisers and salt farmers. In addition, there is life insurance for catching fish fishermen. Unfortunately, not all fishermen follow this insurance. On average, those who participate in life insurance, are fishermen who have vessels with a capacity above 20 GT (gross tonnage or gross tonnage), while for vessels measuring 30 GT can employ 15-20 crew members. The fact that fishermen’s welfare must be prioritized has made the government issue Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers and Salt Farmers. This law relates to welfare and legal protection for fishermen, where the rights of fishermen are to seek welfare for their lives. Guarantees for fishermen participating in life insurance can be included in the Sea Work Agreement where ship owners or companies and fishing workers who work have an awareness of safety, welfare and a decent life as the state’s objectives as stipulated in the 1945 Constitution


INTRODUCTION
Fishery alludes to agriculture as the business of agriculture utilizes fishery products in accelerating efficiency and revenue. 1 Fisheries comprise fishing and harvesting fish including wild fisheries in the wild such as lakes, rivers, and seas wielded by fishers and fishery labourers. Extreme weather and rough seas lead the fisheries to deal with risk. Fishermen faced various risks and problems, commencing oil fuel availability, fish theft, overfishing, climate change, and rough waves that greatly determined the income of the fishermen and directly impacted the fishermen's family. The risks and threats to the fishermen's life render the necessity for protection and regulations on legal certainty and justice.
Risks exposed to fishermen could be appearing as catch losses, occupational accidents, or deaths. These kinds of risks could be averted through the insurance mechanism. In accordance with this, the government organizes insurance programs for fishermen appearing as Fisherman Insurance which covers occupational accidents, and life insurance which covers deaths. According to a March 31, 2022, Ministry of Maritime Affairs and Fisheries press release, fishing vessels accounted for 31% of all marine accidents between 2018 and 2020 based on KNKT (National Traffic Accidents Commission) data with 25 cases in 2019, 12 cases in 2020, and augment to 19 cases in 2021, emphasizes a significant number of fishermen marine accidents. 2 In doing business, some fishermen own fishing vessels, while others work as labourers of the fishing vessel owner consisting of 10 to 15 workers each. Generally, the 30 GT fishing vessel workers have been termed seafarers (hereinafter: ABK signed the maritime labour contracts (hereinafter MLA), which diminishes the workers' position in case of the life-threatening situation during the voyage.
The endeavour to alleviate the fishers' welfare could be administered through cooperatives as it considered non-bank institutions that provide significant benefits, notably the middle to lower-class citizens. 3 Cooperatives wedge the economic structure of Indonesia, as the activities engage in the realization of the prosperous economic life of the members and community. 4 One kind of cooperative is a Village Unit Cooperative (hereinafter KUD) which endorses the escalation of the village economics chiefly the farmers. The fishermen's KUD is the sustainment system of fishermen's economics by being the marine fish catch commercial instruments through auction. Sanguinely, Fishermen KUD could promote the fish auction as well as endorse life insurance.
Indramayu district is one of the aquatic producers in West Java that contributes 61,61% of the whole industry, embedding the fisheries dependency. Fishermen's life assurance through life insurance would greatly contribute to fishermen's economic feasibility, hence, the respective rules and regulations are compulsory.
The aforementioned situation enthuses the author to further research fishery life insurance accorded in the maritime labour agreement that should be obliged by vessel owners with seafarers. Furthermore, the aforesaid life insurance should be stated along with assent of the policy payment in order to stipulate the legal certainty and legal protection of fishermen labourers.
Several regions in Indonesia with fishermen as residents generate a fishery KUD, notably the KUD Mino Saroyo in Cilacap of Central Java. The cooperatives initiated the insurance coverage for 12.000 fishermen upon discerning the fishermen as high-risk occupational in commending protection over occupational risk and prevention of deaths. 5 Fishery KUD contemplates contributing to being the village's economic 3 Djumran Yusuf, et. al   The fishery insurance program during the leadership period of Mrs Susi Pudjiastuti was to administer insurance policy aid for fishermen. However, in practice, the program could not proceed expeditiously due to the incomplete administration data of the fishermen. Conclusively, the program transference was not optimal, albeit the aim of small-scale fishermen with the ship under 10 GT. 11 The compensation is divided into two kinds, notably compensation for occupational accidents due to fishing activities, and compensation for activities aside from fishing.
Both of the compensation amounts distinctly, in which the death case compensation would amount to two hundred million, while the permanent disability case would be compensated for a hundred million, and medical expense would be borne to twenty million.
Further, the unaffiliated fishermen that could self-paid the insurance premium, could apply for the government insurance program. The affordable insurance premium is contemplated for the enlistment of all fishermen, as the insurance covers a lifetime guarantee as well as protection for the safety of fishermen and fish farmers, ocean accidents, and business capital aid. 12 The fishery insurance avail in covering occupational risks of fishermen which then

Position of Fishermen Groups such as Fishermen KUD in Organizing Fishermen's Life Insurance in Relieving the Fishermen's Economic Viability
The concept of the welfare state is explained as the concept of government in which the state plays a key role in the protection of the economic and social well-being of its citizens. The concept is based on the principle of equality of opportunity, equitable distribution of wealth, and public responsibility for those unable to avail themselves of the minimal provisions of a good life. 17 The welfare state theory is amicable to the foundational philosophical theory of Indonesia that asserted the implementation of public welfare by the government and the state. The attainment of public welfare shall in accordance with the five principles, notably democracy, rule of law, social justice, and anti-discrimination, which were already declared in the 1945 Constitution of Indonesia as regards the national objectives in assuring the welfare of its citizen. The contriver of the welfare state theory, notably JM Keyness and R. Kraneburg declared that the state shall be earnestly pursuing welfare and reasonably be perceived equally and equivalent by its citizens. 18 Jimly Asshidiqie proclaims that the comprehension of welfare in the 1945 Constitution could turn Indonesia's constitution into an economic constitution as flaunted by Russia, Czechoslovakia, Albania, Italy, and other states that abide by the allied constitution. In accord with Jimly, the substance of the 1945 Constitution deteriorated as the socialist states were in vogue. 19 Herewith, this implies the role of the state as a constitutional body in the economic and social spheres for the benefit of the citizens.
In the welfare state theory, the state is accountable for the arrangement of the absolute least well-being of the citizens as the assurance of obtaining the basic needs, notably education, health, and food needs, as well as social protection of all citizens. In conjunction with maintaining order and security, the government shall be actively 17 Elviandri,et. al Djumran Yusuf, et. al, ibid. Incognizance of the insurance program is another obstacle that arises in practice resulting in loans of small-scale fishermen to wholesalers or fishery seafarers employed by shipowners without fishery insurance. Henceforth, the role of the village cooperatives shall associate with the government in ascending the participation of fishermen in fishery insurance and life insurance by registering the data of all fishermen in the workstation as members of the cooperatives. The refusal of fishermen to be registered due to the indebtedness of wholesalers could be alleviated through debt repayment loans as a mechanism of dispersal from wholesalers. 26 The insurance coverage aid program distribution also could abet the government through the registered data of the citizens by cooperatives as the system could be practical with the continuity of economic management upon regional and central governmental synergy. The foregoing barrier is the lack of capacity of village cooperatives as non-state-owned enterprises (hereinafter SOEs) to organize the insurance program due to the only authority in enforcing the social insurance is the capacity of the state-owned enterprise. Example of mandatory enforcement of the insurance program notably in East Belitung District that obliges fishermen to obtain a Maritime and Fisheries Business Card (KUSUKA). The substitute of the fishery card encapsulates an ATM and fishery insurance for fishermen, where the governmental aid is distributed through the fishery cooperatives or joint business groups (hereinafter KUB) in the East Belitung region. 27 The role of cooperatives is expected to attain fishery welfare, including the fishery labourers.

III. CLOSING
The citizens' economy notably the fishermen would not obtain prosperity unless they thrive. Hitherto, the government proffer the insurance program to support the provided insurance coverage aid for small-scale fishermen. The current issue is that not all fishermen are covered or participated and the absence of a maritime labour agreement in working for the shipowners that alternatively utilize as a guarantee for the shipowner's responsibility in the event of an occupational accident during the voyage.
Cooperation between governments, respectively the Ministry of Fishery and Maritime Affairs, and the relevant associations are required in the implementation of the insurance and maritime labour agreement for seafarers with the aim of ensuring legal certainty and protection.
In addition to that, the government postulates the village cooperative unit (KUD) in each rural area in the conformation of public welfare development on the agricultural production as well as allocating the life insurance policy aid needed by fishermen in the voyage that are susceptible to the occupational accident due to lack of safety equipment.
The capacity of KUD also promotes the continuity between the regional and central governments in supporting the welfare of fishermen through organizing government aid including fishery insurance coverage aid.
In 2018 To the foregoing issues, it is suggested that administering the fishermen's welfare shall collude with the government and the fishermen. The integration of the fishermen's data administration shall be continuity through the capacity of village officials. The shipowners' awareness of establishing the maritime labour agreement along with registering the insurance for the fisher labourers are required in