Conflict Potential Study, the Existance of Illegal Immigrants That

Threatens the National Resilience in the Context of People Smuggling

in Indonesia

Vinita Susanti

Universitas Islam Negeri Syarif Hidayatullah Jakarta, Indonesia

Keywords: people smuggling, conflict, transnational crime, impact, and national resilience.

Abstract: This article discusses the conflict potential arising from the existence of illegal immigrants among the local

residents, specifically in the case of people smuggling in Indonesia. People smuggling is a form of

transnational crime. The purpose of writing this article is to show the conflict potential that can occur

between the existence of immigrants and residents. The impact of their presence can disturb the national

resilience (such as socio-cultural condition, economic sector, law enforcement sector, political sector, also

potentially causing a conflict between local and illegal immigrant). The problem is, Indonesia does not have

adequate regulation about people smuggling, there is no comprehensive policy about people smuggling. The

government also had not conduct enough socialization to various parties about the regulation and

comprehensive policies related to people smuggling. In the discussion section explained: 1) people

smuggling as one form of transnational crime; 2) case study about people smuggling in Indonesia; 3) people

smuggling which threaten national resilience. In the closing, the existence of people smuggling in Indonesia

can threaten national resilience.

1 INTRODUCTION

The existence of people smuggling in Indonesia is

an important issue to handle. People smuggling is a

transnational crime which involves three countries,

namely the home country, transit country, and

destination country. This article discusses the

conflict potential due to the existence of people

smuggling among the local residents, in the context

of Indonesian resilience. At first, human migration

in a traditional or conventional sense can be defined

as the movement of residents from one country to

another country to seek a better life in the

destination country. However, the emergence of 52

countries which have sovereignty over territory

requires migration to use a legal system. The

obstacle in the system of legal migration,

encouraging the emergence of involvement of the

transnational crime group which seeks to develop a

system of illegal migration. The transnational crime

group takes advantage of the economic, social,

cultural, and psychological condition of the lower

class society. The illegal migration then became a

new security issue in the form of transnational crime

which progressed further into transnational

organized crime such as migrant smuggling

(Novianti, 2012).

Based on existing data, around 2,4 million men,

woman, and children are annually trapped by the

people smuggling mafias. People smuggling did by

smuggler is very different human trafficking. If

human trafficking victims aware this trafficking,

even they were scam or threatened. Goal of human

trafficking is to exploited person to do forced labor.

Diference between people smuggle is the victim

aware to do the whole process with all

consequences. There is active inovelment from the

victim to get smuggle services form the smuggler it

self (IOM, 2012).

From the investigation, one-ninth of people

smuggling victims in the whole world between the

year 2007 to 2010 were children. The program to

eradication people smuggling in 2010 was ratified in

the general assembly the United Nations (UN), thus

gaining awareness and improvement from various

countries to eliminate the phenomenon. However,

until now the program has failed to control the crime

of people smuggling. Otherwise, the degradation of

Susanti, V.

Conﬂict Potential Study, the Existance of Illegal Immigrants That Threatens the National Resilience in the Context of People Smuggling in Indonesia.

DOI: 10.5220/0009935017691776

In Proceedings of the 1st International Conference on Recent Innovations (ICRI 2018), pages 1769-1776

ISBN: 978-989-758-458-9

1769

global economic conditions which made millions of

people unemployed has boosted the human

trafficking business. Many people intend to seek

employment in developed countries are trapped by

human traffickers (Indonesian IRIB, 2013). The

purpose of this article is to examine how the

existence of people smuggling in Indonesia has the

potential to threaten national resilience. The

discussion starts from 1) people smuggling as one

form of transnational crime; 2) case illustration

about people smuggling in Indonesia; 3) people

smuggling which threaten national resilience.

2 DISCUSSION

2.1 People Smuggling as One from of

Transnational Crime

People smuggling as one form of transnational crime

is the crime of the XXI century. The forms of

transnational crime are human trafficking, drug

trafficking, illegal logging, environmental crimes,

maritime crimes, cybercrimes, and international

terrorism. The meaning of people smuggling, as

mentioned in Chapter 3 of The Protocol Against the

Smuggling of Migrants by Land, Sea, and Air of the

United Nations Convention Against Transnational

Organised Crime, defined as an attempt to obtain,

directly or indirectly, any financial gain or other

material, with person logging in illegally to become

part of a State in which the person is not a citizen or

permanent resident (National Crime Agency, n.d.).

Another explanation, concerning human smuggling,

is also described by Interpol as an individual's effort,

a group of persons, or a particular agent to assist or

grant access to a foreigner in order to enter a

country, and the country is not a foreigner's country

of residence (Interpol, n.d.).

Mitchel P Roth (2010) explain transnational

crime reffered to crime that involved two or more

countries. From 18 explained categories that

immigrant smuggle is exclude this categories. If

definition offered by Roth, then immigrant smuggle

is include in his categories, which involve many

countries as country of origin, transit and

destinations.

Illegal immigrant is group og immigrant were

inbound to Indonesia illegally or does not have

travels documents are compliances with Indonesian

legal. Immigrant smuggle practices such as illegal

immigrant or does have legal and completed travel

documents, use the fake travel documents,

exceeding travel time, not extended visas,

anadequated immigration process.

Republic of Indonesia’s Constitution as

mentioned in the Law on Immigration (Law Number

6 Year 2011), people smuggling is the act aiming at

obtaining benefit, directly and indirectly, for

themselves or others taking a person or group of

persons, organized and unorganized or instructing

the other person to take a person or group of

persons, both organized or unorganized, illegally to

enter the territory of Indonesia or exit from the

territory of Indonesia and/or enter of other state’s

territory in which such a person does not have the

right to enter the territory legally, whether by using

valid or counterfeit document or without using the

travel document. In general, people smuggling is

understood as an attempt to obtain financial or

material benefits indirectly or directly (IOM, 2012).

Syarnubi (Syarnubi, 2014), in his paper discussing

how the process of people smuggling conducted by

international syndicates, especially those that

occurred in the Jakarta. Smugglers stay in Indonesia

as a transit country to communicate and coordinate

with the smuggling brain in the country of origin.

The author explains the mechanism of the human

smuggling, especially when the smuggles

collaborate with their victims.

Viewed from the side of the perpetrator, those

who are involved in the people smuggling are

already part of a syndicate. According to the United

Nations Office on Drugs and Crime, the typology of

perpetrators in people smuggling are as follows:

 Coordinator or organizer: his role is to be fully

responsible for the process of people

smuggling. They are the parties who become

the main head of the crime of people

smuggling.

 Recruiters: the role is to promote the people

smuggling services to potential targets, the job

including build relationships between the

smugglers and migrants. Recruiters are also

parties who collect initial fees paid by potential

migrants to smugglers.

 Transporter or guides: the responsibility to

carry out the practice the human smuggling

operations. They are usually locals, and they

have to accompany the migrants on their way

to the border. Transporter or guide usually has

cooperation with a broader network.

 Spotters, drivers, messengers, and enforcer:

those responsible for any people smuggling

operation. They have a job to provide

information related to information about local

law enforcement as well as checking operations

at the border.

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 Service providers’ and other suppliers: this

section must provide services to smugglers.

They usually are the ones who provide

transportation, accommodation, service

providers’ fake documents, and other things

that are needed.

 Others: those who accept the bribes and

facilitate people smuggling.

Transnational crime is a conventional crime that

has been classified as a form of crime in the criminal

code of each country. The problem is that when the

crime involves two or more jurisdictions, there is a

difficulty to criminalize the crime legally since it is

possible that a transnational crime act is defined

differently by the country concerned (Mustofa,

2006). Crime, in here is as a social phenomenon,

which is a pattern of actions that harm society.

People smuggling as a crime has a different pattern

from human trafficking, as illustrated in Table 1

below.

Table 1: Differences in People Smuggling and Human

Trafficking.

People

Smuggling

Human

Trafficking

Recruitments

Immigrant

finds the

smuggler

Human

trafficking

Movement

Origin country

Transit country

Destination

country

Origin country

Destination

country

Procedure

Voluntary

without

coercion

There is pressure

from some actors

involved

Goal

Profit from

illegal

immigrant

Exploitation

Human smuggling did by smuggler is very

different human trafficking. If human trafficking

victims aware this trafficking, even they were scam

or threatened. Goal of human trafficking is to

exploited person to do forced labor. Diference

between human smuggle is the victim aware to do

the whole process with all consequences. There is

active inovelment from the victim to get smuggle

services form the smuggler it self. In general, those

who want to be smuggled (illegal migrants) to the

country that is their destination, they have to pay for

all the costs of the trip before their departure.

As mentioned above, the people who involved in

people smuggling are part of a syndicate. This

smuggling syndicate involves agents in the country

of origin and transit country (Indonesia). Victims

who will be smuggled consciously follow the

smuggling process including with all the

consequences. There are also the occasion in which

people are buying smuggling services from human

traffickers (Antara News, 2006).

2.2 Case Illustration about People

Smuggling in Indonesia

Indonesia, a country that has more than 17.000

islands. With more than 54,000 kilometres of

coastline, national borders mainly at sea, managing

this limit has proven difficult for many reasons.

First, the complex legal issues surrounding the

archipelagic state, and the negotiation of the exact

location of the international boundaries of Indonesia.

It means that some Indonesian borders remain

subject to ongoing legal contestation. The second

issue concerning the mapping of Exclusive

Economy Zone (EEZ), particularly those related to

Indonesia's borders with Australia, and their impact

on the life of Indonesian fishers. The third constraint

is the fiscal and technology that only have limited

capacity to help Indonesia’s border police (Ford &

et.al, 2013).

As the country closest to Australia, making

Indonesia a transit place, while the transit process in

people smuggling acts not only takes one or two

days but for months and even years. It is hard to

control the rapid growth the illegal immigrants in

Indonesia due to the geographical location, religion

and its domestic situation. From 2001 to 2009, there

has been recorded 1800 people entering Indonesia

from Afghanistan, considering the error rate of 10 to

20%, it is estimated that the number of illegal

immigrants entering Indonesia with various

motivations reaches about 2 thousand more people

per year. In 2010 to 2011, data from the Ministry of

Foreign Affairs of Indonesia showed there were at

least 2,350 illegal immigrants detained in Indonesia

(Meliala, 2011).

Social problems caused by the existence of

people smuggling in Indonesia can be seen in Table

2 (Departemen Kriminologi UI, 2011):

Table 2: Social Problems of People Smuggling Cases in

Indonesia

Case Location Social Issues

Batam and Bintan

Case

The lack of social interaction

opportunities between

immigrants in detention (or

detainee) with the locals causes

the problem related to their

Conﬂict Potential Study, the Existance of Illegal Immigrants That Threatens the National Resilience in the Context of People Smuggling in

Indonesia

1771

participation in local social

life. The psychosocial

condition of illegal immigrants,

the condition and background

of immigrant detention centers’

officers as those directly

opposed to illegal immigrants,

has the potential to cause a

continuing negative impact.

North Sumatra Case

North Sumatra has four

shelters, three in Medan and

one in Tanjung Balai Asahan:

Belawan Center does not allow

the immigrants to interact with

the outside world. There is a

tendency to escape to their

destination.

Second detention known as

YPAP (Yayasan Pendidikan

Anak Perkebunan),

accommodate illegal

immigrants who have a

functional status, refugees or

asylum seekers but have no

clarity to where they will be

sent, whether to return to their

country or the third country,

which is the destination

country.

Perumahan Alam Hijau Center

has a high level of interaction

because illegal immigrants

have the freedom to manage

their own lives without any

supervision from the

Immigration Officer or

International Organization for

Migration (IOM).

Tanjung Balai Asahan Center

is usually handling illegal

immigrants who arrive by sea.

Generally, citizens are not too

happy with the presence of

immigrants accommodated by

the centre.

Makassar Case

The presence of immigrants,

both in Detention Center and in

the Housing environment has

caused disturbance of the

tranquility of the surrounding

community. The cases

occurred among immigrants

and residents are usually

solved by kinship.

Cisarua – Puncak

Case

Some immigrant who blends

with local people. Those who

are blended with the local

causes economic, social and

legal problems. Their presence

had become a burden for the

local society. One of the

psychological burden the is the

mixed marriage which results

in the problem regarding the

status of the child, hence

causing problems when

registering for a birth

certificate and other official

documents.

Source: Research Report of the Department of Criminology,

2011.

The latest data in 2018, Indonesia, as a transit

country provides shelter for refugees in Blang Adoe,

North Aceh Regency, Aceh Province. This complex

was intentionally built to accommodate a wave of

Rohingya refugees who fled due to Ethnic

oppression in Myanmar along with economic

migrants from Bangladesh in May 2015. together

with Malaysia, Indonesia is willing to accommodate

them on condition for only one year and receive

financial assistance for their living expenses.

Economically motivated Bangladeshi migrants have

been repatriated to their countries. The shelter

complex stands on an area of five hectares, no less

than 120 barracks rooms are lined up neatly with

walls and floors of boards which are supported

solidly by concrete support poles.

In this neighborhood there are large mosques,

children's playgrounds, schools, public kitchens

complete with gas stoves, ceramic-floored

bathrooms and squat toilets. Water flows from the

faucet with strong pressure. The cost of development

is a helping from various domestic and foreign

organizations, including from Turkey, Saudi Arabia,

Japan, the United States, Britain, Malaysia and

Australia. The construction was carried out by the

humanitarian organization Aksi Cepat Tanggap

(ACT). The dean of the Faculty of Social Sciences at

the University of Malikussaleh, Lhokseumawe, M.

Akmal argued that the positive reaction in the early

stages of the arrival of a large wave of refugees and

migrants was not based on a blueprint so that some

of the world's community assistance was in vain. Not

even one year the room units in the shelter are now

empty. For 319 Rohingya refugees, the Blang Adoe

shelter is now only inhabited by 75 people, including

six babies born during the past few months. As a

result, the existing facilities were not functioning

even though the construction of the barracks

complex cost Rp6 billion.

Indonesia responded too responsively, which

resulted in ministries coming down quickly and

clearing all facilities as if they (refugees) would live

1,000 years in our country, he explained to the BBC

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Indonesia reporter Rohmatin Bonasir on Wednesday

(24/02). Until now it is unclear what will be done to

the facilities in Blang Adoe, one of the four points of

the Rohingya refugee shelter in Aceh. what is clear

is the barracks rooms, bathrooms, sports facilities

will be increasingly weathered without maintenance,

while the residents leave the camps of their own

volition. Similar conditions, said a number of

officials in Aceh, also occurred in other refugee

camps in the province. Because they are not

prisoners, as explained by the North Aceh District

Secretary, Isa Ansari, they are not prohibited from

leaving the shelter even though it is advisable to

always report and return .

Human Trafficking can use a variety of channels.

The available channel can Use land route, air line, or

waterway. To shortern the time of journey if the

country is far away the smugglers use aircraft more

often, but the risk of using the airway is greater for

the immigration of the destination country. There Is

a possibility of negligence from victims who will be

smuggled, causing suspicion to the victim and will

be examined by the local immigration. while for

waterways and land routes it is relatively safe to use

as a smuggling route.

For the Indonesian region there is a land route

which then uses the waterway. The land route used

is the path through the Malaysian state, many islands

in Indonesia can be used as a stepping stone. various

regions in Sumatra, including Riau Islands, are easy

to reach after transit from Malaysia. .from Malaysia

then crossed using a small boat to enter the vast

territory of Indonesia but lacked control of the

security personel, but many choices of transportation

routes by land, sea and air to get to the destination

country (Nainggolan, 2009).

The handling of people smuggling in Indonesia

has been started since May 2011, Indonesia enacted

the law of the Republic of Indonesia No. 6 of 2011

regarding immigration and started the human

trafficking imprisonment. The progress which made

by Indonesians over law enforcement in judging

people smugglers in Indonesian also faces

consistent challenges its implementational level,

especially regarding Immigration and preventing

people smuggling more effectively (Missbach,

2016).

The flow of human smuggling that is now rife in

Indonesia can actually be mapped in three important

areas, namely the country of origin, the country of

transit, and the destination country. these three areas

are a cycle that needs to be examined in depth in

order to find an integrated model on how to handle a

human smuggling crimes. First, country of origin.

The country of origin of immigrants / boat people

are coming from the Middle East and South Asia

countries. There are many conflicts and wars and

political turmoil in most of Middle Eastern and

South Asian countries that encouraging their citizens

to run, run away and escape to seek safe protection

for themselves and their families so that they will be

safed from the conflict and war. many of these

Middle East immigrants came from Iraq, Iran,

Egypt, Tunisia, Syria and Libya. While many south

Asian immigrants came from India, Pakistan and

Afghanistan. whereas in recent times, Myanmar has

also been a source of immigrants with many tortures

of Rohing's Muslim ethnicity so they fled to escape

to outside of Myanmar and sought political asylum

in Australia. Second, the transit country. transit

country is a country that is passed or temporarily

visited by immigrants from the country of origin.

Most of the transit countries are Indonesia and

Malaysia. these immigrants sailed for weeks and

then stopped and settled temporarily in Indonesia

and Malaysia and then prepared to travel to

Australia. Indonesia as one of a transit country used

as a temporary stopover by immigrants to simply

rest, collect supplies, and prepare personnel to return

to sail to Australia. many of these immigrants were

assisted and facilitated by individuals who came

from Indonesian citizens. These immigrants are

usually assisted by Indonesian citizens or foreigners

in Indonesia such as helping to prepare all the needs

and preparation of the asylum seekers, starting from

determining the temporary residence to determining

the location of departure and transportation

equipment used to transport them for this service,

these asylum seekers must pay a certain amount of

money up to hundreds of millions. Third, the

destination country. The destination country is the

target country or the last place to be addressed by

immigrants as political asylum seekers. Most of

destination country is Australia and New Zealand

from the political asylum, but most of them are

targeted Australian as a country to stayed. As a

country that was asked for political asylum and

became the final destination country of refugees who

were victims of this conflict, Australia felt troubled

and overwhelmed because of the problem of an

existing shelter, the process of handling immigration

documents was problematic, up to its existence

indications of these political asylum seekers being

ridden by terrorists who want to enter Australia thus

endangering their domestic security (14).

As a country, Indonesia and Australia have not

fully implemented the obligations under the United

Nations Convention Against Transnational

Conﬂict Potential Study, the Existance of Illegal Immigrants That Threatens the National Resilience in the Context of People Smuggling in

Indonesia

1773

Organized Crime (UNCATOC) and the Palermo

Protocol to prevent and handle the crimes of people

smuggling, particularly about surveillance of

security in maritime boundaries. As a form of

responsibility, a serious efforts are needed in each

country as well as bilateral, regional and

international cooperation. Particularly in this regard,

the turn back the boat policy undertaken by the

Australian Government is reviewed, and

coordination between the two States in various

elements of authority and society is of paramount

importance for both Indonesia and Australia in

performing obligations as State parties UNCATOC

and Palermo Protocol (Kristin & Dewi, 2017)

2.3 Literature Review: People

Smuggling Threatens Indonesia

National Relisience

Social reactions will occur when different cultures

meet, as explained by Sellin (Adler, Mueller, &

Laufer, 2001), in his theory which states that each

group code of conduct norms and the difference of

norms between groups can cause conflict. As the

case happenedin Batam, Bintan, North Sumatra,

Makasar, Cisarua-Puncak. According to the

theory of cultural conflict and crime, the existence of

people smuggling has brought a severe impact on

Indonesia.

It has the potential to threaten Indonesia's

resilience. The most severe impacts of people

smuggling are related to socio-cultural, economic,

legal, political, the conflict between two different

cultures and illegal migration, namely, as listed

follows (Departemen Kriminologi UI, 2011);

1. Related to social culture; many immigrants

who are stressed, bored, disappointed can do

the behaviors that disturb the discipline and

security, such as physical contact with others,

escape from the detention house or fight with

the outside community. Hence, creating

problems for security. In some detention

centers’ location, local people refused (such as

North Sumatra), and the locals have a conflict

with the occupants of the detention centers;

2. Related to the economic field; Great costs must

be borne by Indonesia, such as if not to go to

another country or choose to live in Indonesia

(although without clear citizenship status),

Indonesia should bear the cost of living.

Employment opportunities that migrants can

take. On a large scale, it can lead to horizontal

conflicts between local communities and illegal

migrants. The result will disrupt the unity of

the nation;

3. Related to the legal field; at this time, the new

law can only catch the fishermen or ship

commanders because they are joining

smuggling business. While intellectual actors,

those who finance or who are looking for prey

in other countries, are still difficult to reach.

There are times when the wider society can

easily recognize the mistakes made by these

intellectual actors, but relatively it is still

difficult to punish them. Therefore, the feeling

of unfair treatment affect society and may

disturb the defense of the state;

4. Related to politics; The existence of illegal

migrants often leads the new problems, such as

marriage with the local people. At first, the

issues are related to the government

administration only but then it leads to political

problems. Another political problem, when the

immigrant involved in a conflict or a crime, the

process of solving the conflict can lead to

diplomatic tension. Others issues to be

mentioned including unclear citizenship,

nationality, repeatedly denial by the destination

country.

5. The conflicts of two different cultures which

occurs when the norms of the settlers clash

with the local cultures of the local population,

The threat to Indonesia's national resilience,

related to illegal migration is when migrants cross

the border illegally. The cross the border by using

legal documents but for illegal purposes or they stay

in Indonesia even when their permit is expired. Their

arrivel is motivated by a variety of motives or

interests, if the smuggling is not handled properly, it

can cause problems to Indonesian law.

The problems regarding this matter are; the

Across the border legal because it uses certain legal

documents for illegal purposes, or remains in

Indonesia, even if it’s legal status has been

exhausted. The obstacles encountered are:

1) the presence of various conflicts and the

existence of cruel government or armed

conflict between groups in various countries,

such as going to other countries for safety and

welfare;

2) the length of the Indonesian coastline that can

be used as the landing site for illegal human-

group boats;

3) lack of coordination and data sources between

the related department, which causes certain

unfair share in solving the issues;

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4) lack of willingness to work simultaneously, co-

ordinated and systematically among various

government agencies themselves.

3 CONCLUSION

Indonesia has more than 17,000 islands, with more

than 54,000 km of coastline, making the national

border challenging to manage, especially the

maritime borders. There are three reasons to explain

it, firstly, the complex legal issues surrounding the

archipelagic nation, and the negotiation of the proper

location of the international boundaries of Indonesia,

which means that some of Indonesia's borders

remain the subject of legal contestation. Secondly,

regarding the mapping of Exclusive Economy Zone

(EEZ), particularly those related to Indonesia's

borders with Australia, and their impact on the life

of Indonesian fishers. The third constraint, fiscal and

technology have limited the capacity of the

Indonesian government to its border police. By

Sellin's Theory, when meeting two different social

groups of norms, there will be opposites. This is

experienced by the illegal immigrants who meet

local people. There are conflicts related to socio-

cultural, economic, legal, political, cultures, related

to illegal migration. All of this poses a serious threat

to Indonesia's national resilience.

To close this paper, the presence of people

smuggling can cause problems that threaten

Indonesia's national resilience. As discussed above,

the social problems experienced by communities

wherever illegal immigrants live, such as the case of

Batam and Bintan, the case of North Sumatra, the

Case of Makassar and the case of Cisarua-Puncak.

People smuggling is one form of transnational

crime. In the previous description, the perpetrators

of the people smuggling in cooperation with the

victim to get to the destination country. Their arrivel

is motivated by a variety of motives or interests, if

the smuggling is not handled properly, it can cause

problems to Indonesian law.

In the case of handling illegal immigrant,

Indonesia is trapped in a dilemmatic position, on the

one hand Indonesia is demanded for its firmness in

dealing with illegal immigrants who enter the

territory of Indonesa, on the other hand Indonesia is

also not appropriate to reject and exel the illegal

immigrants directly considering the humanitarian

and human rights principles that must be adhered to.

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