Keabsahan Perjanjian bagi Hasil Pemilik Kapal dan Anak Buah Kapal di Puger Kulon Kabupaten Jember

Abstract

This study examines the validity and implementation of profit-sharing agreements between vessel owners and crew members in Puger Kulon Village, Jember Regency. The agreements are generally oral and based on trust and custom, while the distribution mechanism differs among vessels. This normative-empirical legal research uses statutory, conceptual, and sociological approaches. Primary data were obtained through interviews and field observations, while legal materials were collected through literature and document studies and analyzed qualitatively. The results show that oral agreements remain valid insofar as they satisfy Article 1320 of the Indonesian Civil Code: consent, legal capacity, a certain object, and a lawful cause. In practice, operational costs are deducted before net proceeds are divided according to each vessel’s agreement. However, limited transparency, unequal bargaining positions, the absence of written standards, and weak occupational protection create legal uncertainty and potential disputes. A simple written agreement is needed without eliminating local values of trust and deliberation.