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Eduvest �
Journal of Universal Studies Volume 4 Number 06, June, 2024 p- ISSN 2775-3735-
e-ISSN 2775-3727 |
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Prevention Strategy for Human Trafficking
in the Issuance Process of The Republic of Indonesia Passport for Prospective
Indonesian Migrant Workers |
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1Universitas Indonesia, Indonesia Email: [email protected] |
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ABSTRACT |
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The
rapid development of technology in the current era is also utilized in
creating environmentally friendly products, amidst the industrial world that
is beginning to have social and environmental impacts, which can influence
lifestyle and societal behavior, influenced by factors such as economic
ability, awareness, and the abundance of goods proportional to the increasing
needs of individuals, where appearance is a very important factor to be
considered to enhance beauty. With increasingly fierce competition, the
Somethinc brand creates quality and environmentally friendly beauty products
while still considering the impact on the environment in the future. To
address this challenge, this study aims to investigate the factors
influencing the purchase intention of Somethinc products. Research data were
obtained through an online survey involving 200 respondents. Data analysis
was conducted using Structural Equation Model (SEM) with the SmartPLS 4
analysis tool. The results show that Product Innovation does not affect
purchase intention, while green marketing and brand awareness influence
purchase intention. Brand image mediates the influence of product innovation,
green marketing, and brand awareness on purchase intention for Somethinc
products among Generation Z in Indonesia. |
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KEYWORDS |
Product
Innovation, Green Marketing, Brand Awareness, Brand Image, Purchase Intention |
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This work
is licensed under a Creative Commons Attribution-ShareAlike
4.0 International |
INTRODUCTION
In an effort to
fulfill the needs of life, humans need work to support financially in order to
survive. Working is one way for humans to get a source of income so that their
lives and families are fulfilled. Based on Article 27 Paragraph (2) of the 1945
Constitution of the Republic of Indonesia, every Indonesian citizen has the
right to work and a decent livelihood for humanity. The essence of the article
is that the State is obliged to provide protection for its citizens who will
exercise their right to obtain employment. (1945
CONSTITUTION)
There are many
ways and types of work that a person can do to earn income. The limited job
opportunities in the territory of Indonesia make it difficult for job seekers
to earn income. As a result, job seekers look
for other alternatives by looking for work abroad. Indonesian citizens who work
abroad are called Indonesian Migrant Workers (PMI). The state is obliged to protect its citizens wherever they are, and PMI
is no exception. The state must be present to protect and fulfill
the rights of Indonesian workers abroad as stated in Law Number 18 Year 2017 on
the Protection of Indonesian Migrant Workers. (UU18 2017)
The large number
of migrant workers from year to year can be seen from the data of the report on
the placement and protection of migrant workers from the Indonesian Migrant
Workers Protection Agency (BP2MI) in the last 4 (four) years. The number of
PMIs placed abroad in 2020 was 113,436 workers. Then in 2021 this figure
decreased to 72,624 workers. The number of PMI reports increased significantly
again in 2022 to 200,761 workers. (www.bp2mi.go.id
2022) The latest data
shows that in 2023 the number of migrant workers was recorded at 274,965
people, an increase of 37% from the number in 2022. (www.ekon.go.id
2024)
The enthusiasm of
prospective migrant workers to work abroad has both negative and positive
impacts. The negative impact of working abroad is that there are opportunities
for inhumane treatment such as slavery, violence and forced labor and even
opportunities for human trafficking of PMI, especially for those who work
informally. (Rhamdani
2020) The positive side
of working abroad is that the placement of workers abroad has reduced the
problem of unemployment in Indonesia. Another positive side is the addition of
foreign exchange for the Indonesian state from PMI if the PMI returns to
Indonesia, because the salary they get is in foreign currency. (Ismah
Rustam 2022)
The existence of
negative impacts on migrant workers who work abroad requires the Indonesian
government to act decisively in protecting migrant workers. Protection for PMI
can start from the process of making Travel Documents of the Republic of
Indonesia, followed by the PMI departure process, then the process of job
placement abroad, until the process of returning back to the homeland. This is
to reduce the risks faced by prospective migrant workers abroad. Recent cases
of migrant workers have even shifted towards human trafficking and human organ
trafficking, which are organized crimes against humanity. (BPHN 2016)
The Indonesian
state aims to protect all Indonesian citizens both at home and abroad, so there
are no exceptions, including migrant workers. The parts of the government that
are authorized to protect PMI and take part in every process carried out by PMI
are the Ministry of Manpower (MOM), the Ministry of Foreign Affairs and BP2MI.
Each agency is tasked with protecting the rights and safety of PMI in
accordance with their main duties and functions. These agencies. Each agency
works together to make efforts to protect PMI, manage the implementation of PMI
placement, provide PMI candidates with knowledge, provide skills training,
education, and enlarge the utilization of financial services for PMI. (PP 2015)
In addition to the
agencies mentioned above, the part of the government that is also related to
the process of prospective PMI is the Directorate General of Immigration (DGIM)
in the process of issuing Travel Documents of the Republic of Indonesia in the
form of national passports. For prospective PMIs, a passport is a required
document that must be owned to travel abroad. Immigration is responsible for
selecting who can be given a passport
, because the passport will
be proof of identity for Indonesian citizens when abroad . So the screening and selection of PMI eligibility can also
be done earlier, namely in the passport issuance process.
In the Regulation
of the Minister of Law and Human Rights of the Republic of Indonesia (Permenkumham) Number 8 of 2014 concerning Ordinary
Passports and Travel Letters as Passports Article 6 Paragraph (1) states that prospective
migrant workers who are domiciled or residing in the territory of Indonesia,
applications for ordinary passports are submitted to the Minister or a
designated Immigration Officer at the Immigration Office which is still in the
same Province as the domicile concerned. In Article 6 Paragraph (2) letter h,
the application as referred to in paragraph (1) shall be made by filling out
the data application and attaching the following requirements: recommendation
letter for passport application of prospective migrant workers issued by the Provincial
or District / City Manpower Office.(Permenkumham 8 2014)
The conclusion in
the article of the Permenkumham above is that
passport applications for prospective PMI must be made at the Immigration
Office in accordance with the domicile of the KTP of prospective PMI. For
example, the domicile of the KTP owned by prospective PMI is Bandung, so
prospective PMI can only make passports at the Immigration Office in the West
Java region. Prospective PMIs are also required to attach a recommendation
letter from the Ministry of Manpower as one of the complementary documents that
can strengthen the purpose of the planned departure abroad. This is so that PMI
can be monitored and recorded properly in the province. So
if there is an incident that harms PMI abroad, the government can be present in
the case and can protect Indonesian citizens. This is one of the government's
efforts to protect PMI. (www.wartaperiksa.bpk.go.id
2023)
In 2022 the
Minister of Law and Human Rights issued new rules regarding the Passport of the
Republic of Indonesia through Permenkumham Number 18
of 2022 concerning Amendments to Regulation of the Minister of Law and Human
Rights Number 8 of 2014 concerning Ordinary Passports and Travel Letters as
Passports. In the Permenkumham, the requirement for a
Ministry of Manpower recommendation letter for prospective migrant workers is
eliminated and the provisions for the location of making passport applications
for prospective migrant workers are not determined based on the domicile of the
KTP owned, in other words, applications can be made at any Immigration Office.
The policy was
also explained by Silmy Karim as Director General of
Immigration, he said that PMI does not need to attach a recommendation letter
from the relevant Ministries and Institutions in terms of passport making.
There is even another convenience for prospective PMIs who are first-time PMIs,
namely the application of zero rupiah or free rates. This is in accordance with
what is stated in the Circular Letter (SE) of the Director General of
Immigration Number IMI-GR.01.01-0252 of 2023 which confirms the procedure for
applying for a zero rupiah passport for Indonesian
citizens who want to go abroad as migrant workers. (Suryarandika 2023) Then, if in the application interview
process there is a suspicion of Immigration officers to the applicant who is
suspected of becoming a non-procedural migrant worker, how do Immigration
officers respond? Then, what strategies does Immigration use to prevent human
trafficking in migrant workers after the enactment of Director General of
Immigration Circular Number IMI-GR.01.01-0252 Year 2023?
Research
Objectives
The purpose of
this study is to determine the impact that will arise from the policy of
eliminating the Ministry of Manpower's recommendation in Permenkumham
Number 18 of 2022 concerning Amendments to Regulation of the Minister of Law
and Human Rights Number 8 of 2014 concerning Ordinary Passports and Travel
Letters as Passports and SE Director General of Immigration Number
IMI-GR.01.01-0252 of 2023 in the process of issuing passports for prospective
PMI. Also to find out the strategies used by Immigration officers
in preventing human trafficking in migrant workers.
RESEARCH
METHOD
The research
method used in this discussion is a qualitative descriptive method, which
utilizes qualitative data which is described descriptively or as it is. According
to Sugiyono, qualitative research is research based
on philosophy that explains social phenomena or events that are happening. (Sugiyono
2014) This method is
used in research by showing relevant data about the object being studied with
the state of the field when the research takes place. Objects are people or
objects that are the subject of discussion, so the object in this study is
Indonesian Migrant Workers. The object under study is associated with the state
of the field when the research takes place, namely the situation after Permenkumham Number 18 of 2022 and SE Dirjenim
Number IMI-GR.01.01-0252 of 2023 takes effect.�
The analysis of
this research is a retrospective study, namely analyzing a policy that has been
implemented to find out its development, to look for things that can be
evaluated. The aim is to find out whether the policy is still relevant to the
current situation or must be reviewed. In the process of obtaining research
data, library research was conducted.
Through library research the data to be obtained is in the form of expert
opinions, theories and ideas. Data sources are obtained from laws and
regulations, books, scientific journals, official government websites and other
media that can be used in the preparation of research.
RESULTs AND DISCUSSION
Efforts to Prevent Non-procedural
Migrant Workers in the Passport Issuance Process of the Republic of Indonesia
Indonesian Migrant
Workers (PMI) are one of the pillars of the Indonesian economy that contribute
to the increase in state revenue. Through
foreign exchange derived from remittances or salaries that PMI sends to
families in Indonesia, economic productivity increases. Reports of remittance
activities of PMI based on Bank Indonesia data in 2023 reached USD14.22
billion. (www.ekon.go.id 2024) The foreign labor market has the potential to
attract productive workers to try their luck. The great opportunity to earn a
higher income compared to working domestically fosters the interest of
Indonesian productive workers to try it. However, this interest in working abroad
is not accompanied by the competencies that job seekers have. A history of low
education, lack of competence, lack of information and the difficulty of the
requirements needed to become a procedural migrant worker make job seekers look
for other alternatives. (Nurkumalawati 2020)
The requirements
needed to become a procedural migrant worker as stated in Article 5 of Law No.
18/2017 are:
a.
18
(eighteen) years old;
b.
Physically
and mentally healthy;
c.
Already
registered and have a social security membership number;
d.
Fully
documented in accordance with the requirements, in the form of:
1)
Have
a certificate of marital status from the relevant agency for those who are
married, equipped with a photocopy of the marriage book or marriage
certificate;
2)
Work
compensation certificate;
3)
A
valid passport that is still valid;
4)
Work
visa;
5)
Certificate
of permission from the spouse (husband/wife) for those who are married or from
parents/guardians for those who are not married, known by the village apparatus
or Lurah;
6)
Health
certificate in the form of psychological and health examination;
7)
Employment
agreement;
8)
PMI
placement agreement. (UU18 2017)
The difference
between procedural and non-procedural migrant workers lies in the process
undertaken by prospective migrant workers, from the administrative process to
the process of returning to Indonesia. Procedural PMI arranges licenses and
requirements in accordance with applicable procedures. Meanwhile,
non-procedural PMI travel abroad to work in a non-procedural manner. Examples
of non-procedural PMI are not having complete documents, entering another
country's territory not through an Immigration Checkpoint, ignoring the
procedures and mechanisms for the placement of PMI as regulated by the Law and
applicable legal provisions, not having a work visa, falsifying and
manipulating personal data, and being assisted by illegal persons. (www.kanimbatam.kemenkumham.go.id
2020) The number of
documents that must be fulfilled as a requirement to become a procedural
migrant worker is one of the reasons for prospective migrant workers to carry
out the non-procedural process.
The Directorate General of Immigration (DGIM) through
the Immigration Office (Kanim) has an important role in the administrative
process for prospective PMI, namely in issuing passports. Passport is an
identity document that must be carried by citizens to travel to other
countries. As the agency responsible for issuing Indonesian Passports,
Immigration officers at Kanim must try to filter who can be given a passport or
not. This
can be done by profiling and brief
interviews to passport applicants. Immigration must conduct strict supervision
and public service functions.
When Permenkumham No. 8/2014 was still in effect, if an
applicant claimed to be working abroad, officers were required to request
additional documents in the form of a recommendation letter from the Ministry
of Manpower. Passport applications must also be made at the Kanim whose working
area matches the domicile of the applicant's KTP. Then the regulation was
revoked and replaced by Permenkumham Number 18 of
2022 and emphasized by Director General of Immigration Circular Number
IMI-GR.01.01-0252 in 2023. In the latest regulation, recommendation letters
from relevant Ministries and Institutions are no longer required. Officers will
find it more difficult to supervise, because if the applicant claims to be
working abroad the officer cannot ask the applicant to complete the
recommendation letter from the relevant ministry.
Immigration can
carry out prevention from an administrative perspective by verifying data and
coordinating with authorized institutions if there are Indonesian citizens
included in the prevention list. Another thing that can be done is to dig
deeper information during the passport application interview process. If the
applicant provides a statement that he/she will work abroad but cannot explain
the purpose and activities that he/she will carry out clearly, then the
Immigration Officer at the Kanim can cancel the application. In SE Director
General of Immigration Number IMI-GR.01.01-0252 in 2023 recommendation letters from
the relevant ministries are no longer needed, but there is an article that has
not been changed in Permenkumham Number 8 of 2014,
namely article 17 Paragraph (3) for passport applicants who are proven to
provide incorrect information about the applicant's requirements and the
validity of the original documents owned, the application can be canceled. (Permenkumham8 2014) Providing untrue statements can
also be subject to sanctions as stated in Law Number 6 Year 2011 Article 126
letter c. Through this method, Immigration seeks to prevent prospective
non-procedural migrant workers.
Directorate General of
Immigration's Strategy to Prevent Human Trafficking
Some
of the contributing factors to human trafficking are weak government
administrative systems, weak government political will and weak surveillance in
border areas. Most victims of human trafficking are job seekers. (Wedasmara
2018) One of the
opportunities for human trafficking comes from the non-procedural placement of
migrant workers. Recent cases regarding migrant workers have even shifted
towards human organ trafficking. This is included in organized crimes against
humanity.
The rise of Trafficking in Persons (TPPO) cases is something that must be taken seriously by the government. A total of 757 reports occurred during the period June 5 - August 14, 2023, the report was received by the TPPO Task Force (Satgas). The number of victims of TPPO who were successfully rescued was 2,425 people. While the number of suspects who can be handled in TPPO cases is 901 people. This was conveyed by Karo Penmas of the National Police Public Relations Division Brigadier General Ahmad Ramadhan. The disclosure of TPPO cases must be handled as much as possible, so that there are no more additional victims of TPPO in Indonesia. (www.menpan.go.id 2023)
The modes used by the perpetrators of TPPO vary, such as turning victims into illegal migrant workers or non-formal workers, for example domestic servants, non-procedural crew members, commercial sex workers, and even child exploitation. The government urges the public to always be wary of any offers to work abroad that promise high salaries with easy requirements. The government urges prospective migrant workers to make sure whether the company offering the job is legitimate or not. This is done so that the community gets social, welfare and legal protection rights while abroad. (www.menpan.go.id 2023)
From the handling
of a number of TPPO cases, several modes were revealed, among others,
originating from the recruitment of PMI. One of the modes used is that
prospective migrant workers are promised to work outside with fake documents.
Another modus operandi is to disguise the recruitment and placement of migrant
workers in the domestic worker, plantation worker and ship crew sectors. (www.mpr.go.id 2024) If drawn out, these modes are
closely related to the Directorate General of Immigration. Because to be able
to travel to a destination or out of the country, citizens are required to have
a travel document in the form of an Indonesian passport.
In Permenkumham Number 8 of 2014 concerning Ordinary
Passports and Travel Letters as Passports, applicants who provide information
on the purpose
of making passports to work will be asked for additional documents in the form
of recommendation letters from related agencies. The document is mandatory for
passport applicants who have the aim of working abroad. The regulation is
contained in Article 6 Paragraph (1), namely for prospective Indonesian workers
who are domiciled or located in the territory of Indonesia, an ordinary
Passport application is submitted to the Minister or a designated Immigration
Officer at the Immigration Office which is still in the same Province as the
domicile concerned. Then in Article 6 Paragraph (2) letter h, it is stated that
the application as referred to in paragraph (1) by filling out the data
application and attaching the requirements: a recommendation letter for a
passport application for prospective Indonesian workers issued by the
Provincial or Regency / City Manpower Office. (Permenkumham
8 2014)
It can be
concluded that an application for a passport for prospective PMI must be made
at the Immigration Office in accordance with the domicile of the KTP of the
prospective PMI. Prospective PMIs are also required to attach a recommendation
letter from the Ministry of Manpower as the basis for the passport issuance
procedure for prospective PMIs. It is intended that PMIs can be well controlled
and recorded in each province, so if there is an incident that harms PMI
abroad, the government can be present in the case and can protect Indonesian
citizens.
Unlike Permenkumham Number 8 of
2014, in Permenkumham Number 18 of 2022 the
requirement for a recommendation letter from the Ministry of Manpower for
prospective migrant workers is eliminated and the provisions for the location
of passport applications for prospective migrant workers are no longer
determined based on the domicile of the KTP, in other words, applications can
be made at any Immigration Office. The policy is a realization of the
Directorate General of Immigration to facilitate migrant workers to work abroad
through easy and legal channels. The regulation is
also emphasized by Director General of Immigration Circular Number
IMI-GR.01.01-0252 of 2023. Even in the circular letter there is an application
procedure for making a passport at a zero rupiah rate
for prospective PMI who will first become workers abroad.
The Director
General of Immigration said that the policy is a realization of the Directorate
General of Immigration to facilitate migrant workers to work abroad through
easy and legal channels. The Director General of Immigration said "We
should not make it difficult for migrant workers so that they look for other
ways, as a result they become illegal abroad. If we want Indonesian migrant
workers to work abroad according to the rules, then we must facilitate the
requirements in obtaining a passport. In fact, Indonesian migrant workers are indeed a
profession that is prone to intersect with human trafficking crimes.
Understanding this, immigration officers tighten supervision, both during
supervision in the issuance of passports and supervision when departing at the
Immigration checkpoint". (domestic.co.id 2023)
Despite
the convenience provided, the issuance of passports must still refer to the
Standard Operating Procedures (SOP). Supervision and profiling of passport
applicants must still be carried out. Because Article 17 Paragraph (3) Permenkumham Number 8/2014 remains valid and is not
abolished. The article explains that for passport applicants who are proven to
have provided incorrect information about the applicant's requirements and the
validity of the original documents owned, the application can be canceled. (Permenkumham
8 2014)
The
Director General of Immigration also ordered Immigration officers at Kanim to
suspend passport applications for applicants who are indicated to have provided
false information. The suspension can be done up to 2 (two) years and is
planned to be extended to 3 (three) years to create a deterrent effect. Further
supervision will be carried out at Immigration Checkpoints (TPI) as a second
filter in the prevention of trafficking. If there are indications of
trafficking or non-procedural migrant workers, departure can be delayed.� (immigration.go.id
2023) Based on these
steps, the Directorate General of Immigration has made efforts to participate
in preventing additional victims of TPPO.
CONCLUSION
The
risk of mistreatment of migrant workers abroad has prompted the government to
act decisively in protecting migrant workers. From the handling of a number of
TPPO cases, some of the modes revealed include recruitment of PMI. Supervision
of migrant workers must be carried out starting from the administrative
process, the departure process, the work placement process, to the process of
returning to the homeland. This is to reduce the risks faced by prospective
migrant workers abroad. Recent cases of migrant workers have even shifted
towards human trafficking and human organ trafficking, which are organized
crimes against humanity. The state must
protect all Indonesian citizens at home and abroad.
The Directorate
General of Immigration as an agency related to the passport issuance process
for migrant workers is responsible for screening who can be given a passport or
not. Because the passport will be proof of identity for Indonesian citizens
when abroad. The Minister of Law and Human Rights issued new rules regarding
the Passport of the Republic of Indonesia through Permenkumham
Number 18 of 2022 which was emphasized by SE Director General of Immigration
Number IMI-GR.01.01-0252 of 2023. In these two rules, the requirement for a
recommendation letter from the Ministry of Manpower for prospective migrant
workers is eliminated and the location of passport applications for prospective
migrant workers can be done at any Kanim or not based on the domicile of the
KTP of prospective migrant workers.
The policy is a
realization of the Directorate General of Immigration to facilitate prospective
PMIs to obtain Indonesian passport documents through easy and legal channels.
Despite the convenience provided, passport issuance must still refer to the
SOP. For passport applicants who are proven to provide false information, the
application can be canceled and given a passport
suspension for a certain period of time. Further supervision will be carried
out at the TPI as a second filter in the prevention of human trafficking.
Departure delays can be made to Indonesians who are indicated to be trafficked
or become candidates for non-procedural migrant workers. DGIM has made efforts
to participate in preventing additional victims of TPPO.
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