MALAYSIAN GOVERNMENT EFFORTS

IN MANAGING THE ILLEGAL MIGRANT

WORKERS FROM INDONESIA (2011-2017)

By:

Christy Wowiling

016201400031

A Thesis presented to the

Faculty of Humanities President University in partial

fulfillment of the requirements for Bachelor Degree in

International Relations Major in Diplomacy

2018

i

THESIS ADVISER RECOMMENDATION LETTER

This thesis entitled “Malaysian Government Efforts in Managing the Illegal

Migrant Workers from Indonesia (2011-2017)” prepared and submitted by

Christy Wowiling in partial fulfilment of the requirements for the degree of

Bachelor of Arts in International Relations in the Faculty of Humanities has been

reviewed and found to have satisfied the requirements for a thesis fit to be

examined. I therefore recommend this thesis for Oral Defense.

Cikarang, Indonesia, March 29th 2018

Recommended and Acknowledged by,

Teuku Rezasyah, Ph.D

Thesis Adviser

ii

DECLARATION OF ORIGINALITY

I declare that this thesis, entitled “Malaysian Government Efforts in Managing

the Illegal Migrant Workers from Indonesia (2011-2017)” is, to the best of my

knowledge and belief, an original piece of work that has not been submitted, either

in whole or in part, to another university to obtain a degree.

Cikarang, Indonesia, March 29th, 2018

Christy Wowiling

iii

PANEL OF EXAMINER APPROVAL SHEET

The panel of examiners declare that the thesis entitled “MALAYSIAN

GOVERNMENT EFFORTS IN MANAGING THE ILLEGAL MIGRANT

WORKERS FROM INDONESIA (2011-2017)” that was submitted by Christy

Wowiling majoring in International Relations from the Faculty of Humanities was

assessed and approved to have passed the Oral Examinations on April 17th, 2018.

Dr. Endi Haryono, S.IP., M.Si.

Chair Panel of Examiner

Bustanul Arifin, BA.IR., MA.

Examiner

Teuku Rezasyah, Ph.D.

Thesis Adviser

iv

ABSTRACT

Christy Wowiling, International Relations 2014, President University

Title: Malaysian Government Efforts in Managing the Illegal Migrant

Workers from Indonesia (2011-2017)

Malaysia is one of the developing countries in Southeast Asia that has been dealing

with the phenomenon of transnational migration particularly illegal migrant

workers from Indonesia. In fact, the phenomenon of migration in Malaysia has been

underwent for such long times. The identified number of illegal Indonesian migrant

workers is huge, while the presence of these illegal migrant workers has raised

insecurities among the local and government of Malaysia. Regardless of their status

that is unlawfully, the implications given by the illegal migrant workers from

admittedly have threaten the national security of Malaysia, which eventually the

illegal migrant workers have been perceived as security threat by the Malaysian

government. Not only impacted Malaysia, the conduct of illegal migration justified

as organized crime, which likely associated with smuggling of migrant. In the end,

Malaysian government implemented several programs to manage the flow of illegal

migrant workers from Indonesia in 2011 until 2017. This research used the

qualitative approach which explained on how Malaysian government control the

illegal migrant workers of Indonesia in Malaysia through the programs and security

operation.

Keywords: Illegal Migrant Workers, Malaysia, National Security, Indonesia.

v

ABSTRAK

Christy Wowiling, International Relations 2014, President University

Judul: Usaha-Usaha Pemerintah Malaysia dalam Menangani Pekerja Gelap

dari Indonesia (2011-2017)

Malaysia adalah salah satu negara berkembang di Asia Tenggara yang sedang

menghadapi fenomena migrasi transnasional terutama pekerja migran ilegal dari

Indonesia. Kenyataannya, fenomena migrasi di Malaysia telah berlangsung untuk

waktu yang lama. Jumlah pekerja migran ilegal yang teridentifikasi sangat besar,

sementara kehadiran para pekerja migran ilegal ini telah menimbulkan

ketidaknyamanan di kalangan lokal dan pemerintah Malaysia. Terlepas dari status

mereka yang tidak sah, implikasi yang diberikan oleh pekerja migran ilegal diakui

telah mengancam keamanan nasional Malaysia, yang akhirnya para pekerja migran

ilegal dianggap sebagai ancaman keamanan oleh pemerintah Malaysia. Tidak hanya

berdampak pada Malaysia, perilaku migrasi ilegal dibenarkan sebagai kejahatan

terorganisir yang terkait dengan penyelundupan migran. Pada akhirnya, pemerintah

Malaysia melaksanakan beberapa program untuk mengelola aliran pekerja migran

ilegal dari Indonesia pada tahun 2011 hingga 2017. Penelitian ini menggunakan

pendekatan kualitatif yang menjelaskan tentang bagaimana pemerintah Malaysia

mengontrol para pekerja migran ilegal Indonesia di Malaysia melalui program dan

operasi keamanan.

Kata Kunci: Pekerja Ilegal, Malaysia, Keamanan Nasional, Indonesia

vi

“Let everything you do be done in love”

1 Corinthians 16:14

vii

ACKNOWLEDGEMENT

First and foremost, I give thanks to God Almighty for the endless love and

showers of blessings. Realized that I would have never been possible to finish this

research without Him who has given me the opportunity and strength to undertake

and pass every process of writing. Also, I am greatly indebted to everyone who

have been supportive and contributed as far as this moment comes. Here, I would

like to express the heartfelt appreciation:

The exceptional thesis advisors; Mr. Teuku Rezasyah, for his stewardship

through the research process that allowed me to explore the topic independently,

yet with great patience and refined instruction to guide me back onto the appropriate

line. Thank you for every meticulous advice and untiring support to pursue this

degree. Also, I owe a debt of gratitude to Mr. Bustanul Arifin who has mentored

me as well. Thank you for the constructive comment in guiding me through the

conception, which has furthering my thinking in constructing this thesis.

Eventually, I must say that their relentless efforts were essential to the birth of this

research.

The close group-chat-and-in-real life-friends: Hanna Uli Maria, Nimade

Dian, Ircha Meilisa, Ayumi, Carolina Martha, Ella Rayani, and especially for Nur

Afni Damanik, whose loyalty for being my roommate goes irreplaceable. Thank

you for giving me positive vibes around and encouragement during the whole

college journey. The foremost in writing this whole thesis, I could not thank enough

for your measureless contributions. You all have always been my source of support

when things would get a bit discouraging. And to all dearest friends: Karema

Najoan, Evi Soedikto and Wira Moki from the start until the end of this college

journey, thank you for giving necessary advice for better of my study. Therefore.

some special words of gratitude to Oki Andeni Martha, Darysa Zolla Elpanda,

Dhianaswa Zhafira, Nadya Permatasari, Haekal Umri, the Kombawa and the

Dormmates, their encouraging words kept me going, spiritually and mentally. My

viii

college life would not be so challenging and fun at the same time without these

individuals in it.

I must thank to another trustworthy and supportive childhood friend of mine,

Astrid Timboeleng, which I would not never ever forget the help and ideas that she

shared to me in the first time where I did not know how to build my thesis topic.

Thank you for always giving me a hand to deal with the research topic. And I must

particularly mentioned Feronika Desy for her the valuable assistance that I have

received which were so meaningful to the completion of this research. Finally to

my formers classmates and batch 2014 of International Relations, whose names I

could not mention one by one. We have started this journey together; may we finish

it together. I really cherished every moment that we have had.

Most importantly, I am especially grateful to my family. My mother, father

and two little brothers who always have my back even when tears do me apart and

been unconditionally loving me. Thank you for the countless pray, motivation and

support throughout my academic journey. Your trust and encouragement that have

been given to me during the entire process of writing that came as a result of

pursuing my goals, and the affection I am received until now are beyond amazing.

Thank you.

Christy Wowiling

ix

“Dedicated this thesis to the memory of my closest grandmother, who have passed

away before its completion. She always believed in me to finish this research and

never have doubt over me to pass my academic trajectory. You are gone but your

belief and doubtless in me have made this journey possible.”

x

TABLE OF CONTENTS

THESIS ADVISER RECOMMENDATION LETTER ..................................... i

DECLARATION OF ORIGINALITY ............................................................... ii

PANEL OF EXAMINER APPROVAL SHEET ............................................... iii

ABSTRACT .......................................................................................................... iv

ABSTRAK ............................................................................................................. v

ACKNOWLEDGEMENT .................................................................................. vii

TABLE OF CONTENTS ...................................................................................... x

LIST OF FIGURES ........................................................................................... xiii

LIST OF TABLES ............................................................................................. xiv

LIST OF ABBREVIATIONS ............................................................................ xv

CHAPTER I ............................................................................................................ 1

INTRODUCTION .................................................................................................. 1

I.1 Background ........................................................................................................ 1

I.2 Problem Identification ....................................................................................... 4

I.3 Statement of Problem....................................................................................... 11

I.4 Research Objectives ......................................................................................... 14

I.5 Significance of Study ....................................................................................... 14

I.6 Theoretical Framework .................................................................................... 15

I.6.1 Transnational Organized Crime (TOC) Concept .......................................... 15

I.6.2 National Security Concept ............................................................................ 18

I.7 Scope and Limitations of Study ....................................................................... 20

I.8 Definitions ....................................................................................................... 20

xi

CHAPTER II ......................................................................................................... 22

LITERATURE REVIEW...................................................................................... 22

CHAPTER III ....................................................................................................... 35

RESEARCH METHODOLOGY .......................................................................... 35

III.1 Research Methodology.................................................................................. 35

III.2 Research Instrument ...................................................................................... 35

III.2.1 Primary data ............................................................................................... 36

III.2.2 Secondary Data .......................................................................................... 36

III.3 Research Time and Place .............................................................................. 36

III.4 Research Framework ..................................................................................... 37

III.5 Thesis Structure ............................................................................................ 39

CHAPTER IV ....................................................................................................... 41

OVERVIEW OF INDONESIAN ILLEGAL MIGRANT WORKERS IN

MALAYSIA .......................................................................................................... 41

IV.1 Development of Indonesian Illegal Migrant Workers in Malaysia .............. 41

IV.2 Indonesia and Malaysia Relations ................................................................ 49

IV.3 Push and Pull Factors Related to The Smuggling of Migrants and Other

Illegal Migration.................................................................................................... 51

IV.4 Type of Illegal Migration in Malaysia .......................................................... 54

IV.5 The Actors and Roles of Smuggling of Migrant ........................................... 55

IV.6 Discover the Indonesian Illegal Migrants “Invisible” Route to Malaysia .... 60

IV.7 Legislative Framework and Policy Measurement ........................................ 64

CHAPTER V ......................................................................................................... 70

ANALYSIS OF THE EFFORTS OF MALAYSIAN GOVERNMENT TO

MANAGE THE PRESENCE OF INDONESIAN ILLEGAL MIGRANT

WORKERS ........................................................................................................... 70

xii

V.1 Illegal Migration and Security........................................................................ 70

V.2 Malaysian Government in Managing the Illegal Migrant Workers from

Indonesia ............................................................................................................... 82

V.2.1 The 6P Program (Registration, Regularisation, Amnesty, .......................... 83

V.2.2 Deportation as Security Operation (2012-2017) ......................................... 91

V.2.3 Rehiring Program with Enforcement Card (2017) ...................................... 94

CHAPTER VI ....................................................................................................... 98

CONCLUSION ..................................................................................................... 98

BIBLIOGRAPHY ............................................................................................... 101

APPENDIX 1 ..................................................................................................... 120

APPENDIX 2 ..................................................................................................... 121

APPENDIX 3 ..................................................................................................... 123

APPENDIX 4 ..................................................................................................... 124

xiii

LIST OF FIGURES

FIGURE 1 MALAYSIA’S STATES AND INDONESIA BORDERS........................................ 6

FIGURE 2 ENTIKONG CROSS-BORDER CHECKPOINT POST IN WEST KALIMANTAN ...... 7

FIGURE 3 RESEARCH FRAMEWORK (CONSTRUCTED BY THE WRITER) ..................... 38

FIGURE 4 MALAYSIA SHARED BORDER COUNTRIES ................................................ 53

FIGURE 5 THE FERRY PASSENGER IS INSPECTING REGULARLY BY THE MALAYSIA’S

MARINE POLICE NEARLY TAWAU ............................................................ 63

FIGURE 6 OFFICIAL AND CLANDESTINE ROADS TO TAW .......................................... 63

FIGURE 7 MALAYSIAN IMMIGRATION DEPOT AT PULAU PINANG ............................. 68

FIGURE 8 IMMIGRATION DEPOT OF MALAYSIA AT BUKIT JALIL ............................... 68

FIGURE 9 THE CONDUCT OF SMUGGLING OF MIGRANTS RELATED TO ORGANIZED

CRIME .................................................................................................... 73

FIGURE 10 E-KAD AS A TEMPORARY CARD FOR LEGAL MIGRANT WORKERS IN

MALAYSIA ............................................................................................. 95

xiv

LIST OF TABLES

TABLE 1 THE PROGRESS OF MAKING THE RESEARCH............................................... 37

TABLE 2 TOTAL DATA OF LEGAL FOREIGN WORKERS IN COMPARISON TO OTHER

COUNTRIES ............................................................................................... 43

TABLE 3 TOTAL NUMBER OF LEGAL FOREIGN WORKERS OF MALAYSIA IN 2015. .... 44

TABLE 4 DATA OF OFFICIAL REGULAR MIGRANT WORKERS OF INDONESIA IN

MALAYSIA ................................................................................................ 45

TABLE 5 FOREIGN WORKERS IN MALAYSIA COMMITTED IN CRIMINALITY, 1992 -

2002......................................................................................................... 81

TABLE 6 DATA OF ILLEGAL MIGRANT WORKERS FROM INDONESIA THROUGH

DEPORTATION .......................................................................................... 93

xv

LIST OF ABBREVIATIONS

ATIPSOM : Anti-Trafficking in Persons And. Anti-Smuggling of Migrants

BLK : Balai Latihan Kerja (Technical Education and Training Center)

BNP2TKI : Badan Nasional Penempatan dan Perlindungan Tenaga Kerja

Indonesia (The National Authority for the Placement and

Protection of Indonesian Oversee Workers)

IOM : International Organization for Migration

KBRI : Kedutaan Besar Republik Indonesia (The Embassy of Republic

Indonesia)

KDN : Kementerian Dalam Negeri (Ministry of Home Affairs)

KJRI : Konsulat Jendral Republik Indonesia (The Consulate General of

Republic Indonesia)

MOU : Memorandum of Understanding

MOHA : Ministry of Home Affairs

NERS : National Enforcement and Registration System

PATI : Pendatang Asing Tanpa Izin

RELA : Jabatan Sukarelawan Malaysia (The People's Volunteer Corps)

SPLP : Surat Perjalanan Laksana Paspor (Travel Document/In Lieu of

Passport)

TKI : Tenaga Kerja Indonesia (Foreign Workers of Indonesia)

TOC : Transnational Organized Crime

UNODC : United Nations Office on Drugs and Crimes

xvi

1

CHAPTER I

INTRODUCTION

I.1 Background

As the world more globalized and the technological getting advanced, the

exchange of goods and the movement of people to other countries becomes

easier, freer and cheaper with various interests. It may raise the practice of

transnational migration until led to the potential for deviations that is

transnational organized crime. The phenomenon itself is illegal migration that

seemingly to be growing, making more headlines and shaping politics around

the world. The untold millions of human beings involved in illegal migration,

apparently has reached a level not witnessed in ages.1 And more countries have

been involved in, even affected by illegal migration. Thereby, this issue has

been placed to a point where states’ policies are focusing its national security

since state has the privilege to control who crosses its border and occupies on

its domain, in fact, it would be rightfully accepted if state could act upon to

manage the flow of the entrance of migrants by acknowledging the movement

which was done unofficially and illegally as something justified as

transnational violations. It turns out to be the biggest consideration for state in

forming any policies regardless, in fact, it has been reported to be the world's

largest illegal lucrative business replacing the drugs and arms trade.2

Having known the current contemporary issues mentioned, the issue seems

to be a major threat challenging for one of state and economy located in

Southeast Asia which is Malaysia. For Malaysia, one of unending problems yet

crucial is cross-border security, which for long-time has happened on the other

hand has alarmed Malaysia, it thereby utterly encourages Malaysian

1 The International Convention on Migrant Workers and its Committee. New York, Geneva:

Office OF the United Nations High Commissioner for Human Rights, 2005.

http://www.ohchr.org/Documents/Publications/FactSheet24rev.1en.pdf. 2 Department of State United State of America. 2013.

https://www.state.gov/documents/organization/210737.pdf.

2

government to secure the country.3 That being said, cross-border is closely

related to the increasing of movement of people known as the illegal migrants

which came across from several countries. The focus is the potential emergence

threat of transnational crime against the flow of people and goods from one

country to another while undermining the state control. While the movement

involved the non-state actor regulated outside Malaysia, the notion of illegal

migration is admittedly linked to the national security aspect of Malaysia. In

other words, Malaysia is likely experiencing the massive flows of human

illegal migrant in the form of illegal migrant worker, and suspected to have

been the migrants smuggled, thus apparently is sinking in the complexity

brought by the illegal migrant workers and people smuggling and underlined

that this cross-border issue is not at all simple to be understood.

Malaysia is sharing border to several countries such Indonesia, Singapore,

Vietnam, Thailand, Philippines, China, and Brunei. And relatedly, the majority

of illegal migrant itself is in the form of illegal migrant worker, were found

mostly Indonesian nationalists, thus, the movement itself draws us back to the

historical matter.4 Malaysia known as the open labour country which

admittedly benefited to Malaysia’s economy in the first place. Back then,

Malaysia is going to become an industrialized country, the needs of labour were

vastly increased, and the local labour were shortage enough at the time. Most

of foreign migrants in Malaysia came from Indonesia, Bangladesh, Philippine,

etc. As a result, the influx of Indonesian migrant worker is uncontrolled and

remains huge due to the economy of Indonesia which considered bad at

performing compare to the Malaysia’s economy at the time. Eventually, it

invites more and more Indonesian to search for economy opportunity in

Malaysia unfortunately some of these were identified to be illegal.

3 Deputy Prime Minister of Malaysia Dato' Seri Ahmad Zahid Hamidi. Speech, Plenary Session of

The High-Level Meeting on Large Movements of Refugees and Migrants, New York, September

19, 2016. 4 International Organization for Migration. An Overview of Indonesian Migration to Selected

Destinations in Asia and the Middle East. n.d. Accessed November 22, 2017.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf.

3

The illegal migrant workers from Indonesia found to be immensely scaled

up in number in certain period and arguably has been one of the biggest flow

of illegal migration workers after the case of United States and Mexico.5 In the

past, the number of identified Indonesian illegal worker were estimated up to

1.2 million people even worse the half of the total migrant workers to be said

were the illegal migrant workers.6 Thus, Malaysia has become their particular

destination, which has been listed to be the most prominence country with

wider job opportunity according to the National Authority for the Placement

and Protection of Indonesian Oversees Workers or Badan Nasional

Penempatan dan Perlindungan Tenaga Kerja Indonesia (BNP2TKI).7 The

illegal migrant workers from Indonesia is mostly working in several sectors of

Indonesia such as construction, plantation, farming, agricultural sectors, and

services.

It is admittedly easier to enter Malaysia, since the geographic position

between Malaysia and Indonesia has three border areas connecting each other.

The territory of the Peninsula is adjacent to Sumatra Island, Sabah and Sarawak

is bordered by Borneo Island – led the illegal workers from Indonesia to use

certain routes to enter Malaysia illegally. For instances, it is the routes line from

NTT (East Nusa Tenggara) to Surabaya then depart in Batam, after that arrived

in Johor Baru.8 However, West Kalimantan is considered a silk path to carry

out Indonesian smuggling activities. Geographically, West Kalimantan is

directly adjacent to Sarawak, East Malaysia. Along 857 kilometres with 52

paths that can connect 32 villages in Malaysia. Airports and ports in Pontianak

become transit or stopover. In addition, due to the opening of roads from five

5Liow, Joseph. "Malaysia’s Approach to Indonesian migrant Labor: Securitization, Politics, or

Catharsis." Non-Traditional Security in Asia: Dilemmas in Securitization (n.d.). 6 International Organization for Migration. An Overview of Indonesian Migration to Selected

Destinations in Asia and the Middle East. n.d. Accessed November 22, 2017.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf. 7 BNP2TKI • Tenaga Kerja Di Luar Negeri Adalah Pahlawan Devisa. Accessed

November 25, 2017. http://www.bnp2tki.go.id/content/view/1036/231. 8 Affan, Heyder. "'Sulit Mengawasi' Jalur Gelap TKI Ilegal Dari Malaysia-Indonesia." BBC

Indonesia. Last modified January 16, 2016.

http://www.bbc.com/indonesia/berita_indonesia/2016/01/160126_indonesia_jalur_ilegal_malaysia

.

4

districts in Western Kalimantan bordering on Sarawak and Brunei Darussalam

which considered as the illegal border gates, and with less tight border guards,

smuggling of Indonesians is becoming increasingly widespread.

Thus, this problem utterly Malaysia government to take actions as

sovereign states, despite of the formulation of Immigration law itself.

Malaysian government recently came up with several programs related to

illegal migrant and illegal worker.9 In 2011, Malaysian government introduced

the 6P Program, which focus to manage the illegal migrant from several

countries procedurally and stage by stage such as Registration, Regularisation,

Amnesty, Supervision, Enforcement and Deportation within a year of

implementation. Malaysia, whose population 32 million, is a home base to 2

million foreign workers whose status are legally registered, and approximately

a similar number of foreign workers whose status are undocumented migrants,

later came up with another program namely Rehiring Program with

Enforcement.10 In fact, due to the increasing number of conduct by illegal

migration, Malaysia is having efforts in dealing with it which will be the focus

of this writing.

I.2 Problem Identification

Looking back to the past, Malaysia and Indonesia are two countries known

as a cognate state or Negara Serumpun because they have many similarities in

cultural roots, the history of the kingdoms, religion, that defines the identity as

Indo-Malay World. As stated by the former Malaysian deputy Prime Minister

and Foreign Minister Ghazali Shafie at the Third Indonesia-Malaysia

Colloquium

“…the relationship between the peoples of Indonesia and

Malaysia goes back to the age of Rumpun Melayu. It was

colonialism of the West which divided the Malay World and now

perforce we are discussing in Bali about the relationship between

9 "Malaysia Begins Crackdown on Illegal Foreign Workers." The Straits Times. Accessed

November 20, 2017. http://www.straitstimes.com/asia/se-asia/malaysia-begins-crackdown-on-

illegal-foreign-workers. 10 Malaysia to 'rehire' 2m Illegal Workers." The Straits Times. Accessed November 22, 2017.

http://www.straitstimes.com/asia/se-asia/malaysia-to-rehire-2m-illegal-workers.

5

two peoples, the people of which belong to the same cluster like

bamboos with each tree growing on its own or ‘Hidup

Berkampung’ that is in togetherness”11

Relations of Malaysia and Indonesia is shaped by many similarities in

cultural roots of which are purportedly anchored by the same racial and

ethnic serumpun, also the traits, language, and same most adopted religion,

in fact, some specifically described the relation of both countries is brother-

sister relations.12 Thus, the issue of illegal migrant workers is likely to leash

the relations of both countries, further, may have raised tension of bilateral

relations and affected on how both country perceived each other,

considered, the causes and impacted received by Malaysia and Indonesia.

Hence, they absolutely have different point of views about illegal migrant,

and different national approaches and policies in dealing with every

particular of aspect of problem.13

Speaking of Indonesia and Malaysia, geographically, they are

neighbouring each other, as shown by the figure 1 below. The border

between these two Southeast Asian countries, Indonesia and Malaysia,

consists of a land border that literally separating the two countries’

territories where lies on Borneo island as well along the sea boundaries of

the Malacca Strait, in the South China Sea and in the Sulawesi Sea (or

Celebes Sea).14

11 "Opening Address by the Hon. Dato' Seri Syed Hamid Albar Minister of Foreign Affairs of

Malaysia at the Third Malaysia-Indonesia Bilateral Colloquium." PaperDecember 1992. 12 Clark, Marshall. "THE POLITICS OF HERITAGE." Indonesia and the Malay World 41, no.

121 (June 2013), 396-417. https://doi.org/10.1080/13639811.2013.804979. 13 "Migrant Workers in Asia: Policies and Practices in Social Sciences." In Workshop Migrant

Workers in Asia:Policies and Practices in Social Sciences, 34. Indonesia: Lipi Jakarta, n.d.

http://unesdoc.unesco.org/images/0019/001938/193885e.pdf. 14 "Malaysia Briefing." ASEAN Briefing. Accessed February 15, 2018.

https://www.aseanbriefing.com/regions/malaysia.

6

Figure 1 Malaysia’s States and Indonesia borders.

As you can see from the map above, the Peninsular of Malaysia is

adjacent to Sumatra Island of Indonesia, which admittedly have numerous

of sea transport crossing around. On the other hand, lies in the Borneo

Island, Malaysia’s states Sabah and Sarawak is connected to Kalimantan

Province of Indonesia, which not only have sea transports crossing but also

have 3 official land transport crossing points specifically in between

Sarawak and West Kalimantan, firstly, the Tebedu (MY) connected to

Entikong (ID) as the main routes yet the busiest and biggest of land crossing,

Nanga Badau (ID) connected to Lubok Antu (MY), and Kampung Biawak

(MY) connected to Aruk (ID).15 And through several ways in other parts of

Kalimantan Indonesia migrant workers may have reached Malaysia easily.

As shown in the figure 2 below, illegal migrants likely to pass the Entikong

Immigration check whereas required them to further do self-report in the

Immigration Department.

15 Giannotta, Daniele, and Elena Stefanin. "Borneo Overland Border Crossing: Sarawak

(Malaysia) - Kalimantan (Indonesia), the Aruk/Biawak Border." Last modified January 14, 2018.

http://cycloscope.net/overland-border-crossing-borneo-sarawak-malaysia-kalimantan-indonesia.

Source: World Atlas

7

Figure 2 Entikong Cross-Border Checkpoint Post in West Kalimantan

Malaysia, further, faces various challenges from the influx of foreign

workers of Indonesia, legally and illegally, which could be said it

encourages by the economy misfortune. Malaysia located in the centre of

South East Asian region eventually made it more attractive to illegal migrant

in persons activities, particularly for Indonesian illegal migrant worker and

also smuggling.16 Strategically, in the heart of Asia eventually made

Malaysia as an attractiveness to foreign companies as many have recognized

Malaysia as prime investment and business locations for foreign

companies.17 For instances, in the report, multinational and global giants on

Fortune 500 and Forbes 2000 listings such as IBM, General Electric and

GlaxoSmithKline have consistently recognized Malaysia as a valuable hub

in their global operations, considering Malaysia is the ideal business center

16 Rahim, Rohani, and Muhammad Afiq. "Combating Smuggling in Persons: A Malaysia

Experience." 2015. Accessed November 20, 2017. https://www.shs-

conferences.org/articles/shsconf/pdf/2015/05/shsconf_icolass2014_01004.pdf. 17 NST Business. "Malaysia strategic location continues to attract foreign investment." New Straits

Times (Malaysia), August 15, 2017. https://www.nst.com.my/business/2017/08/268040/malaysia-

strategic-location-continues-attract-foreign-investment.

Source: Detik News

8

regional and international companies keen to further tap into Asia’s

emerging market.18 Relatedly, it attracts the foreign worker to work, at the

same time, Malaysia’s location become very accessible for neighbouring

country to travel across.

Due to the strategic location of Malaysia eventually impacted

Malaysia to be dealing with the massive influx of illegal migration

especially illegal workers from Indonesia, which further have left a trace of

threat which are of grave worry either to the citizens and the government of

Malaysia. And as the number of illegal Indonesian worker become

significance, the greater the government's concern will be the rise to which

extend that encroach on the involvement of smuggling of migrants itself.19

Since the illegal migrant workers and people smuggling in the case of

Malaysia are among the acts that are recognized as violating the territorial

sovereignty of the state because of the mode of operation that involves

cross-border according to Malaysia’s Act. This was surely raises concern of

Malaysia itself, while it abased Malaysia as a country with its sovereignty,

territorial and border, considered as the important element to a state.20

Speaking of cross-border issue, border understood as the outer sides

or edges of an area marked by a line that is claimed to belong to a country,

where retained from the entry of a person or a good. Borders are identical

to sovereignty - one of the basic functions within the state is the state

security function that is responsible for border control and immigration

control.21 However, there are different tasks related to the border security

18 The report, titled ‘Greater Kuala Lumpur: Bridge between Asia and the world’. Malaysia:

PricewaterhouseCoopers, 2017. https://www.pwc.com/my/en/assets/publications/170703-greater-

kl-bridge-between-asia-and-the-world.pdf. 19 Fadli. "RI-Malaysia hold coordinated patrols to tackle smuggling of illegal workers." Jakarta

Post, September 27, 2017. http://www.thejakartapost.com/news/2017/09/27/ri-malaysia-hold-

coordinated-patrols-to-tackle-smuggling-of-illegal-workers.html. 20 Tajari, Arvin, and Nurfazlina Affendi. "Illegal Immigrant and Security Crisis in Sabah

(Malaysia)." E-Proceeding of the International Conference on Social Science Research, 2015, 6-

11.

https://worldconferences.net/proceedings/icssr2015/full%20paper/IC%20006%20ILLEGAL%20I

MMIGRANT%20AND%20SECURITY%20CRISIS%20IN%20SABAH.pdf. 21 University of Victoria. A Companion to Border Studies: Securing Borders in Europe and North

America, 101-103. 2012.

9

function between border control and immigration control. Immigration

control is performed by immigration institutions as an effort to enforce

immigration law enforcement. While the implementation of border control

carried from various cooperation institutions such as police, customs,

transportation, maritime and others.22 Border security threats related to

immigration control and border controls that need to be addressed include

transnational crime, territorial boundaries, mobility of people and goods that

require cooperation to prevent it. In this case, the state must be present and

able to make efforts to prevent the threat of border security that is not

specific through conventional efforts alone, but also requires contemporary

efforts including involving community control. That being said, the regional

borders have a crucial position for the existence of the state because the

control of territory within the border becomes one of the benchmarks of

state sovereignty.

Then, speaking of smuggling of people which categorized as

Transnational Organized Crime (TOC) is the activity which violates (1) the

applicable legal jurisdiction, and (2) violates the state control over the

border. Malaysia has its sovereignty, in fact, they have two claims to its

territory namely territorial jurisdiction and border control in the region

which of Malay Peninsular and East Malaysia. Thereby, states have the

authority to control who crosses and who resides its domain while

establishing and enforcing laws, managing and control the movement of

goods and services over territories within their territorial boundaries. The

territorial line holds an important position for the state because it becomes

a state boundary of external intervention. One thing beyond all: smuggling

of people is a problem that poses a major challenge to law enforcement, both

nationally and internationally, and also affects the policy development

which the activity has been planned or organized to be profited between

parties. As stated by Adam Graycar & Rebecca Tailby

22 University of Victoria. A Companion to Border Studies: Securing Borders in Europe and North

America, 101-103. 2012.

10

“Increasingly, transnational organised crime groups are

implicated in people smuggling operations. Involvement of these

groups in people smuggling is part of a global trend. Organised

crime groups function like any business i.e.. their motivation is

profit, and they operate on business principles like taking up market

opportunities, etc.,”23

While the perception among the Malaysia regarding the illegal

migrant worker of Malaysia are eventually placed in the view of

transnational organized activity, on the other hand, the perception which

lived in the Malaysian people was that illegal migrant workers from

Indonesia raised insecurities among the government and the locals despite

the rising number and endless influx of Indonesian illegal migrant workers.

The influx of Indonesian illegal worker who work illegally, besides, on

many occasions, they have been engaged in criminal activities, raises

instability at the society or sub-state levels. 24 The case brought by

Indonesian illegal migrant workers are slapping us to the 19th century and

the beginning of 20th events in Malaysia where illegal migrant workers,

unfortunately, engaged in criminal activities. Not to mention there were

number of Malaysia news which very relatable to Indonesians that have

become a common feature in the newspapers and most of the reports are far

from favourable as the number of Illegal worker of Indonesia increased.25

The reports of detention of Indonesians for illegal entry, of raids by police,

deportation, armed robbery, murder, housebreaking, rape, gang-clash,

possession of firearms, physical clashes with the authorities, and for several

kinds of involvement in the criminality.26 With the involvement in crime

attached by Indonesian nationals throughout the country can be substantially

23 Graycar, Adam, and Rebecca Tailby. "People Smuggling: National Security Implications."

2000, 3. http://www.aic.gov.au/media_library/conferences/other/graycar_adam/2000-08-

smuggling.pdf. 24 Kanapathy, Vijayakumari. International Migration and Labour Market Developments in Asia:

Economic Recovery, the Labour Market and Migrant Workers in Malaysia. n.d.

http://www.jil.go.jp/foreign/event/ko_work/documents/2004sopemi/2004sopemi_e_countryreport

6.pdf. 25 Kassim, Azizah. "The Unwelcome Guests: Indonesian Immigrants and Malaysian Public

Responses." 25, no. 2 (n.d.), 270. https://kyoto-seas.org/pdf/25/2/250205.pdf. 26 Ibid

11

one of the point drawing a negative reaction from a large branch of the

Malaysian public or the locals.27 Thereby, according to Dato'

Seri Mohd Radzi Sheikh Ahmad as a former Minister of Home Affairs of

Malaysia, migrant could have brought concern in public area. They arguably

were brought diseases to the locals as stated in the presentation paper “It is

inevitable that large inflows of migrants would give raise to social concerns.

Therefore, like to now highlight some of these concerns as well as the

measures adopted to address them…In the area of public health, there are

concerns that migrant workers could be carried of highly communicable

disease such as Malaria, tuberculosis, and leprosy” 28

It is worth noting that as time goes by the threat to security arising

from illegal migrant workers tends to act as a challenge to internal order and

stability and social harmony, also a high level of burdening to bilateral

relations, as well as, the threat to security arising from the involvement of

smuggling as has been recognizes as the transnational crimes tends to

challenge to the national sovereignty, undermine the state control which can

be said raises the border awareness.29 It will emphatically continue unless

the vital measures and moves have just been made to ease overpowering of

the influx of migrant workers in Malaysia.

I.3 Statement of Problem

Since the huge influx of illegal migrant worker, particularly from

Indonesia, the issue that lives among the Malaysian are placed under the

notion of migrant and security which related to the criminalisation of

conduct linked to the illegal migrant worker, and to some extent involved

the smuggler.30 While it is worth noting that even though it is discovered by

27Ahmad, Mohd Radzi Sheikh. "International Symposium on International Migration and

Development - A Malaysian Perspective." Presentation, International Symposium on International

Migration and Development, Italy, June 2006. 28 Ibid. 29 Antoaneta.seitz. "UNODC and Organized Crime." United Nations Office on Drugs and Crime.

Accessed November 3, 2017. https://www.unodc.org/unodc/en/organized-crime/index.html. 30 International Organization for Migration. An Overview of Indonesian Migration to Selected

Destinations in Asia and the Middle East. n.d. Accessed November 22, 2017.

12

the Malaysian government that illegal migrant worker movement has been

organized, it does not necessarily mean that Indonesian illegal migrant

worker is a criminal in person, in fact the perception towards them might

sometimes raise the xenophobia. Further, the security in Malaysia is not

only seen as an effort to maintain the integrity of the state but also to the

safety of citizens, as well as safeguarding existing norms, rules, interests,

institutions, values and resources in the face of military and non-threat -

military.31 In fact, along with the development, a threat to a country is no

longer a military threat because now countries have recognized a new threat

called non-traditional security which applicable in the form of transnational

organized crime that threatens the country economically, socially, and

culturally. That being said, the case of Illegal migrant worker and the

perception that lives among the Malaysian justified to the violation of

applicable legal jurisdiction and violates the state control over the border.

But, the case of Indonesian Illegal workers and people smuggling reaches a

critical area for the country's survival, from territorial security in terms of

key principle of territoriality to country’s sovereignty to instability of a

country. Those are the acts that considered as challenge for Malaysia.32

Departing from that reality, when an issue has entered a vital factor

for a country such as sovereignty the country concerned will do its utmost

to deal with the problem and at the same time, the state will defend what it

already has. Malaysia is no exception, and as an obligation to protect the

country, the Malaysian government must address the issue regarding

national security. The government of Malaysia must consider the vital

action and extra efforts and urgently implement the follow-up action so

these issues are not going to be more complex than it has been before. The

Malaysian government has placed a major focus on the action in regards of

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf 31 Hamidi, Ahmad Zahid. "Malaysia’s Policy on Counter Terrorism and Deradicalization

Strategy." Journal of Public Security and Safety 6, no. 2 (2016).

http://www.moha.gov.my/images/terkini/WORD.ARTIKEL-TPM-JURNAL-VOL.6-2016.pdf. 32 Ibid

13

illegal migration.33 To avoid the implication associated with the cross-

border issue, the government have undertaken with several of efforts

measures to merely strengthen controls over the movement of people and

people smuggling flow across in Malaysia borders. Putting forward a close

linkage between migration and state security or national security has been a

key in Malaysia's policy agenda.34 It is lies where

“Migration turns into a security matter for host countries in

two ways. On the one hand, as an international security matter, it

affects international border-crossing and border control policies.

Regarding border-crossing offences, trafficking networks and illegal

flows are threats to be controlled. On the other hand, as an internal

security matter migrant are often seen as a threat to the availability

of jobs, social services or public order. Indeed, migration is often

represented as a challenge to the welfare state and a ‘danger’ to

society.”35

Illegal migrant in Malaysia is recognized as an act that violates the

Immigration Act 1959/62, while the involvement of smuggling is highly

recognized as the violation under Anti-Trafficking in Persons And. Anti-

Smuggling of Migrants Act 2007 (ATIPSOM Act) of Malaysia. The action

undertaken by the Malaysian not only merely to reduce the number of illegal

migrant worker and people smuggler as in its desire to limit the number of

Indonesian illegal migrant worker, thus, in the mind of government of

Malaysia, it also needs to weaken and eliminate the elements of criminality

engaged in smuggling and other crimes. Several attempts however have

been done by the Malaysian before the Indonesian and Malaysia released

the Memorandum of Understanding (MoU) regarding the case of migration

signed in 2006 until 2011 prior to the recruitment and placement of workers

from Indonesia (see appendix 1). Thus, after the revocation of MoU itself,

33 Reevany, Suyatno, and Ismail S. Wekke. "MIGRANTS IN NUSANTARA: INDONESIAN

AND MALAYSIAN PERSPECTIVES." Journal of Nusantara Studies (JONUS) 1, no. 2 (2016).

Accessed January 17, 2018. file:///C:/Users/USER/Downloads/39-159-1-PB%20.pdf. 34 Hamidi, Ahmad Z. "Draft Statement." Speech, The Plenary Session of The High-Level Meeting

on Large Movements of Refugees and Migrants, New York, December 19, 2016. 35 Jiménez, Gemma. "The Migration-Security Nexus in Short: Instruments and Actions in the

European Union." 4, no. 1 (Winter), 39. http://amsterdamlawforum.org/article/viewFile/255/442.

14

Malaysia with its focus to manage the illegal migrant released came up with

several actions such as programs and some security operations.36

Research Question

Based on the explanation above, the author decided to identify,

elaborate and explicate comprehensively, the issue of Indonesian Illegal

Migrant Workers in Malaysia in regards of Malaysian government efforts

prior to the management of illegal migrant workers particularly from

Indonesia under the period 2011 until 2017. Therefore, the aim of this thesis

is to answer the particular-related research question below:

How did Malaysian Government manage the presence of Illegal

Migrant Workers from Indonesia (2011-2017)?

I.4 Research Objectives

Based on the research problem, the purpose of this study area are as follows:

1. To describe the development of illegal migration worker in Malaysia.

2. To define the role of the non-state official actor that placed significant

impact in sending Indonesian people to be employed in Malaysia.

3. To explain the efforts undertaken by Malaysia to manage the number

of illegal migrant particularly from Indonesia.

I.5 Significance of Study

The finding of this study surely allows us to: (1) better understand

about the international migration as a part of globalization which a crucial

phenomenon to any state, and so it will give us an insightful idea at the core

of how Indonesian Illegal worker could bring challenge to the national

security, (2) acknowledge the efforts taken by the government to handle the

influxes of illegal migrant worker.

36 Memorandum of Understanding Antara Pemerintah Republik Indonesia Dan Pemerintah

Malaysia Tentang Rekruitmen Dan Penempatan Pekerja Domestik Indonesia. ILO Regional

Office for Asia and the Pacific, 2011. Accessed January 14, 2018.

http://apmigration.ilo.org/resources/mou-between-government-of-the-republic-of-indonesia-and-

the-government-of-malaysia-on-the-recruitment-and-placement-of-indonesian-domestic-workers.

15

The author found out that this research beneficial to develop ability

thinking and writing skills through a scientific study that examines about the

problems of international relations, on the other hand will be very useful:

(1) for academic, this research is expected to contribute knowledge of the

study of the science of international relations, especially the ones related to

the issue of a country's efforts illegal immigrants, and (2) for practical, the

results of this study are expected to be made as reference material for other

researchers who want to do research around policy of a country against

illegal immigrants, or as a matter of consideration and evaluation for related

institutions in efforts-making handling of illegal immigrants. Also, as their

guidance and source of literature. However, this study can freely open in

development of the specific topic or relatable one.

I.6 Theoretical Framework

To analyse the case of the influx of Indonesian Illegal Migrant within the

context of Malaysian perspective, a few of concept and approach have been

selected to further constitute the theoretical framework of analysis. The fact

that there is no single concept can cover all the aspects of international

migration, yet the focus of this phenomenon has been affected and

interconnected to discipline in national security point of view. Furthermore, in

this theoretical section of the chapter one, the following are the theories and

perceptions that will be used:

I.6.1 Transnational Organized Crime (TOC) Concept

Smuggling is a term usually reserved for individuals or groups, for

profit, removing people to cross a country's borders.37 While the notion

of smuggling is a term that refers to the organized illegal movement of a

group or individual crossing an international border included Malaysia,

on the other hand, the United Nations in a Convention on Transnational

Organized Crime provides the definition of smuggling of migrants as a

deliberate procurement venture for the benefit of illegal entry of persons

37 Martin, Philip, and Mark Miller. "Smuggling and Trafficking: A Conference

Report." International Migration Review 34, no. 3 (2000), 969-975. Accessed November 12, 2017.

16

into an illegal country and/or residence within a country where the person

is not belong to that country entered or “Smuggling of migrants obtain,

directly or indirectly, a financial or other material benefit, of the illegal

entry of a person into a State Party of which the person is not a national

or a permanent resident.”38 The illegal definition of this crime is to enter

the country without complying with the rules required by that country.

These people usually go to a country without any documents at all or

provide false documents namely documents issued not by authorized

authorities, issued with corruption, or used not by their original holders.

Extendedly, nowadays, we witnessed the emergence of what so-

called Transnational Organized Crime (TOC) that particularly essential

with illegal migrant, in fact, has an impact on international and or

national security. This phenomenon, further, shows the extent of criminal

acts, both from the actor, the purpose and the way in which it operates

which tactically can be in the form of terrorism, corruption, money

laundering, human trafficking, illegal trade and other organized and

hidden transnational crimes.39 In essence of that, transnational crime

includes two main aspects: (1) Acts committed clearly violate existing

rules or laws. In fact, in the case of people smuggling and illegal migrant

worker, it is an act, directly or indirectly, to obtain a financial gain or

other material by improperly. In other words, the activity is illegal, and

it has such intent to seek profit by doing any specific illicit activity, (2).

The scope or action undertaken has passed national or trans-state

38 United Nations Office on Drugs and Crime. "Smuggling as a security threat (organized

crime)." Smuggling of Migrants (n.d.), 9. https://www.unodc.org/documents/human-

trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf. 39 Zabyelina, Yuliya. "Transnational Organized Crime in International Relations." Central

European Journal of International and Security Studies. Accessed November 18, 2017.

http://www.cejiss.org/static/data/uploaded/13823927397663/Zabyelina-

Transnational_Organized_Crime.pdf.

17

boundaries. This point refers to the people smuggling is an action which

classified as an illicit activity across the borders between countries.40

In practice, the insecurities raised because of the existential threat to

civil society, violate the sovereignty of a country through the entrance by

the illegal migrant since in the first place they notably as illegal who does

not belong to the country.41 Not to mention that smuggling of migrants

in any case is the facilitation of crossing borders illegal or occupying

illegal in another country with the aim of conquering a better economic

life.42 What is interesting in here is this crime is perpetrated by organized

criminal networks, which take the opportunity to make large profits by

these migrants involving little risk of detection. In fact, current

interceptions have found highly organized operations of transporting

huge numbers of illegal migrant who have already agreed to pay huge

sums of to the recruiter or organisers.43

The understanding lies above is that the TOC is now considered to

have threatened sovereignty, national security, and global security for the

countries of the world- could not be ignored and according to the journal

titled “Transnational crime: the new security paradigm,” transnational

organized crime has been portrayed as the emerging threat to national

security of a country “Transnational crime is now emerging as a serious

threat in its own right to national and international security and

stability.”44 Further, the focus is on the flows that offers profits for any

parties involved. In the sense that they violate the rule of law, prevailing

40 Stoica, Ionel. "Transnational Organized Crime. An (Inter)national Security

Perspective." Journal of Defense Resources Management 7, no. 2 (2016), 17. Accessed

December 20, 2017. http://journal.dresmara.ro/issues/volume7_issue2/02_stoica_vol7_issue2.pdf. 41 Stoica, Ionel. "Transnational Organized Crime. An (Inter)national Security

Perspective." Journal of Defense Resources Management 7, no. 2 (2016), 17. Accessed

December 20, 2017. http://journal.dresmara.ro/issues/volume7_issue2/02_stoica_vol7_issue2.pdf. 42 United Nations Office on Drugs and Crime. "Smuggling as a security threat (organized

crime)." Smuggling of Migrants (n.d.), 9. https://www.unodc.org/documents/human-

trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf. 43 Ibid 44 McFarlane, John, Karen McLellan. "Transnational Crime: the New Security Paradigm."

Strategic and Defence Studies Centre, no. 294 (1996). Accessed November 15, 2017.

18

in a country, and they also posed a threat and oppose the political power

of a country. For some of the above reasons, the whole country today is

without exception focusing its attention and making this crime a top

priority.45 As a result, TOC is a global political agenda and has an

influence in international relations which basically involve more than one

countries as it always be. And urgently each country must have an

attitude in response to this matter.

I.6.2 National Security Concept

In the context of the international system, security is the ability of

states and communities to maintain their independence identity and

functional integrity. In the study of international relations, security is an

important concept that is always used and is seen as a constant exclusive

feature of international relations. The most commonly used definition of

security in international relations is the definition by Barry Buzan in his

book Peoples, States, and Fear. Stating that “security, in any objective

sense, measures the absence of threat to acquired values, in a subjective

sense, the absence of fear that such values will be attacked”.46 From this

definition can be seen that security is the absence of threats from the

values that humans need in living their lives. It refers to the need to

maintain and sustain the existence of the state through economic, military

and political power as well as the development of diplomacy. And

according to Barry Buzan, there are 3 platforms that essential to national

security.47 The first is the physical foundation, which includes the

population and the territory and all the resources that lie within the scope

of the territorial authority. Second, the institutional foundation, which

45 Anthony, Mely Caballero-. Regional Security in Southeast Asia: Beyond the ASEAN Way, 90.

Singapore: Institute of Southeast Asian Studies, 2007.

https://books.google.co.id/books?id=gsZ6BwAAQBAJ&pg=PA90&lpg=PA90&dq=Malaysia+sha

red+bordered&source=bl&ots=7eT2cEF1Ke&sig=-

WvKts8VIn_Eq3LFtXdff5R2pgk&hl=en&sa=X&ved=0ahUKEwiR5sWMk4_aAhUGbo8KHeG5

B4I4ChDoAQguMAE#v=onepage&q=Malaysia%20shared%20bordered&f=false. 46Buzan, Barry. People, States & Fear: An Agenda for International Security Studies in the Post-

Cold War Era, 3rd ed., 12. New York: Harvester Wheatsheaf, 1991. 47 Ratnaningrum. "Diplomasi Indonesia – Malaysia dan Kepentingan Nasional Indonesia." 2010,

70.

19

includes all state mechanisms, including the legislative and executive

bodies as well as the legal provisions, procedures, and norms of the state.

Third, the ideational foundation, which includes various things including

the notion of national insight. In such context, national security needs to

contain at least three components, namely territorial sovereignty, state

institutions that can function properly, and ensure the safety, order and

welfare of society.

That being said, the concept of national security refers to situations

and circumstances in which the key elements that constitute a state such

as sovereignty, territory, supporters / citizens, economic base,

government, constitutional system and true values are assured of their

existence and function, without any interference of any party.48 In the

practice and its examination to the case of Illegal Migration in Malaysia,

the movement of the people across borders affects international security

at two levels.49 First is national security agenda of receiving country, in

this case is Malaysia - perceived international populations movement

notably illegal migration as a threat to their economic well-being, social,

values of cultural and religious, and sovereignty.50 Second, the problem

of illegal migration fits well to the security agenda in the sense of the

vulnerability of the territorial states lies in term of contravention of

territoriality. Thus, theoretically, the security here refers to national

security as a political effort of the government which aims to create a

secure condition for the implementation of government and the life of the

nation and the state to achieve the national interest from all forms of

disturbance and threats both from within and abroad.

48 BALDWIN, DAVID A. "The Concept of Security." Review of International Studies, no. 23

(n.d.), 5-26.

https://www.princeton.edu/~dbaldwin/selected%20articles/Baldwin%20(1997)%20The%20Conce

pt%20of%20Security.pdf. 49 Lohrmman, Reinhard. Migrants, Refugees and Insecurity. Current Threats to Peace? 3, no. 4

(March 2000), 3-22. 50 Liow, Joseph C. "Non-Traditional Security in Asia." In “Malaysian approach to Its Ilegal

Indonesian Migrant Labour Problem: Securitization, Politics, or Chatarsis?”, Singapore2004.

20

I.7 Scope and Limitations of Study

The author has made scope and limitation which covers some areas

in regards this topic. At the core, first, focusing and emphasizing on the

efforts by the Malaysia’s Government to manage illegal migrant workers

which undertaken the perspective of Malaysia, thereby, fit to the lens of

national security while descent at explaining the policy regardless. In fact,

the issue of Indonesian illegal migrant workers grave worries the

government of Malaysia itself eventually pushed up to act upon it by

realising such programs to handle the problem properly. Second, the

timeline of the phenomenon is under the year from 2011-2017 since many

attempts of Malaysian government done under those periods. However, this

is not limited to the discussion about years before in order to support the

analysis in this research. On the other hand, since illegal migrant workers in

Malaysia remained unidentified in number, the author, further precise at the

number of Indonesian illegal migrant worker.

I.8 Definitions

At the very outset, it is useful to clarify and clearer on some terms that used in

this research:

• Illegal Migrants

Illegal migrants refer to the status of migrant who their entry is Illegal or

unlawful basis: illegal, clandestine, undocumented or Illegal. However,

illegal immigrants may also mean that settling in an area exceeds the time

limit of valid residence permit or violates or does not meet the requirements

for entry into a territory legally. Further, should not be confused about the

term used between “irregular migrant” and “illegal migrant” since under this

research the phrase of illegal migrants and illegal migrants will be referring

as synonymous.

21

• Illegal Migrant Workers

International Organization for Migration defines a migrant is a person that

is moving or has moved and international border or within a state.51

Meanwhile, the term of “migrant worker” alludes to someone who is going

to be engaged, is engaged, or has been engaged in numerous activity in a

state where is not her/him non-nationalist.52 In other words, someone is

moving to other country in prohibited way to work.

• Smuggling of People

Smuggling of people smuggling is a term that refers to the organized illegal

movement of a group or individual crossing an international border.53 It

means that the movement has been organized involved two parties to move

across border and usually by illegal means. It will occur when there is a

consent of a person. However, as mentioned earlier, people smuggling, and

illegal immigrants are criminal acts that interconnect hooks. Such activities

may occur if one of them can be realized, in the sense that illegal immigrants

will succeed in the presence of conspiracies from smuggling agents, and

people smuggling leads to an increase in the number of illegal immigrants.

51 "Key Migration Terms." International Organization for Migration. Last modified March 16,

2016. https://www.iom.int/key-migration-terms. 52 The International Convention on Migrant Workers and its Committee. New York, Geneva:

Office of The United Nations High Commissioner for Human Rights, 2005.

http://www.ohchr.org/Documents/Publications/FactSheet24rev.1en.pdf. 53 "Human Trafficking and Migrant Smuggling." GAC. Last modified November 29, 2016.

http://www.international.gc.ca/crime/human-traf-personne.aspx?lang=eng.

22

CHAPTER II

LITERATURE REVIEW

There is a significant amount of published research on the case of the influx

of Illegal Indonesian workers and it is particular-related activities in Malaysia. In

the literature, several perspectives and approaches have been proposed to explain

this global phenomenon between Indonesia and Malaysia. Following is the research

that has been used as references in preparing the thesis and contributing to analyse

the particular-related answer.

Back then, illegal migrant just amongst of many issues that never comes to

the end especially for Malaysia. In fact, the unable of Malaysian government as

well as Indonesia in controlling the flow of migration for over past years,

admittedly, has been a difficulty for Malaysia in achieving the developed nations

status by year 2020. By the forced and voluntary migrants, Malaysia seemingly

proved to inter-connect globalization and transnational migrant in certain level. In

the Asian and Pacific Migration Journal, titled “Globalization and Transnational

Migration: The Malaysian State’s Response to Voluntary and Forced

Migration” by P. Ramasamy published in 2006 as the first literature essential in

explaining this phenomenon.56 Ramasamy gives us broader perspectives in which

lie in between the phenomena of globalization and migration. The occurrence of

globalization in any forms related with international relations such as financial,

trade and other aspects, is believed has been generating significant changes to the

political, economic and social framework. On the other hand, this journal

discoursed that transnational migration can be viewed in the linkage between

globalization and the nation-state involvement. Here lies the understanding,

because the presence of globalization has been gradually transformed the authority

of states, means, states itself found it is difficult to extensively control and address

56 Ramasamy, P. "Globalization and Transnational Migration: The Malaysian State’s Response to

Voluntary and Forced Migration." Asian and Pacific Migration Journal 15, no. 1 (2006). Accessed

December 11, 2017. http://journals.sagepub.com/doi/pdf/10.1177/011719680601500107.

23

serious problems either politics problem, economic nor social problem. The notion

undertaken here is national sovereignty is challenged by globalization.

He also mentioned about national sovereignty, the main principle of the

nation-state, has experienced tremendous pressure from the global economy. The

lack of legitimacy in the state to solve the serious economic and welfare problems

of economic globalization has pushed their people to demand democracy and more

local government authorities. Reaffirmation of national sovereignty has occurred

most noticeably in the imposition of controls on the flow of migrants. But other

than that, globalization has definitely increased the flow of migrants in selected

economic sectors. On the other hand, P. Ramasamy points out that Malaysia is an

excellent example of an industrialized country which in the last two decades, the

economic growth has been strongly supported by the large influx of migrant

workers from neighboring countries in the region. The flow of migrants has been

involved a country performance, even a country like Malaysia may not be so

globalized as other, but economic requirements and great business opportunity tend

to tolerate the presence of large numbers of migrant workers. However, if the

economy fails to do or is affected by the crisis, then there is the possibility of the

government taking decisive action to evict migrants but now the presence of large

numbers of migrant workers has caused major problems for the government.

Through this journal we know that Malaysia has been dealing from foreign

workers, in fact, it always been a part of Malaysia history since the late of 19s.

While market labor in Malaysia requests vast number of foreign worker, primarily

semi-skilled even unskilled migrant worker, Malaysian governments are in need to

make approaches in regards migration, keeping in mind the end goal to restrict the

massive of legal and illegal migrant. The author identified two problems underlined

above. Firstly, the massive of arrival of foreign worker in Malaysia basically

happens, either legal and illegal foreign worker or voluntary and forced migrant.

But, as described, those who work illegal kindly pushed out pushed out the

government to amend and revised the previous policies and exercised just to

containing the problem of illegal migrant which considerably remains a serious

problem in Malaysia. Here’s lie the perspective that illegal migrant has been one of

24

issues in Malaysia that tragically imposes negative impacts. Malaysia’s leader

convinced that the existences of migrant workers in a huge number has created

serious problems. Secondly, the linkage between transnational migration and

globalization become clear enough. To be precise, as the world getting more

globalized, transnational movement is getting high in number, not only that it surely

gives pressure to the government itself to really maintain and manage the survival

of the country.

Second, in order to have deeper understanding of the nature of the

Indonesian migrant labor and cause-consequence, the author took the research by

International Labour Organization (ILO) titled published by International

Organization for Migration in 2010.57 It found that Republic of Indonesia is placed

as the fourth most populous country in the world, in fact, Indonesia is a source of

hundreds of thousands of labor migrants who commonly seek to be employed in the

state such as Malaysia, Singapore, and the Middle East. Such countries want labour

low skilled or have willingness to embrace low-skilled jobs which their local labor

considerably unwilling to take at the common wages. This expanded demand in

numerous destination countries has been a contributing component to the ascent of

illegal migration, with the assessed number of undocumented migrant laborers

considerably higher than the number of legal and documented migrants according

to the findings conducted by ILO.

Accordingly, illegal migration has been one of the huge challenges for the

government of Indonesia in managing migration. Faulty of the policies on migration

management, and its recruitment systems have been a major drawback to the

number of Indonesian leaving the country with proper procedures, thus they became

illegal migrants in the destination country. these migrants settle in almost all

destination countries of Indonesian labour migrants, particularly, Malaysia hosts

the massive number of illegal Indonesian labour migrants. Considerably that illegal

migration has been resulted from labour migration policies in both countries of

57 International Organization for Migration. Labour Migration from Indonesia: An Overview of

Indonesian Migration to Selected Destinations in Asia and the Middle East, 2010.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf.

25

origin and host which arguably create labour migration processes that are softly,

complicated, and costly for the migrant. It is assessed that the quantity of Indonesian

illegal workers to Malaysia is just outperformed by those from Mexico to the United

States as also opined by Liow.58

Therefore, this research stated that many factors conflicted with the high

number of illegal Indonesian labour. Those factors including big numbers of broker

and unofficial recruitment agents in rural areas, lack of knowledge or information

labour migrants regarding the legitimate procedures and human rights, therefore,

the government involvement is considerably less in providing information needed

and ensuring the protection for labour migrants, law enforcement is still weak, and

the implementation of law to prosecute for those involve in the unfair and illicit

recruitment practices. Thereby, this research put its focus in analysing the

Indonesian government capacity to effectively manage and maintain labour

migration. On the other hand, it examines the contributing factor of Indonesian

migrant labours including the regulatory system and procedures which resulted

massive number of the illegal migrant labour. But most importantly, it evaluated

the conditions of Indonesian labour in Malaysia.

Third, the research paper titled “Combating Smuggling in Persons: A

Malaysia Experience” by Dr. Rohani Abdul Rahim, Muhammad Afiq,

Kamaruddin, and Mohammad Nizamuddin published by Édition Diffusion Presse

Sciences (EDP Sciences) in 2015 digging about the efforts undertaken by the

Malaysia.59 This journal, begins by telling the fact of smuggling activities has been

known as a lucrative growing phenomenon which becomes the center of illicit

business activity. In fact, it undeniably is attracted people to be involved in because

on the other side profited the smuggled instead the smuggling syndicates. The

smuggling syndicates are included the person who organized and arranged the

illegal movement of an individual or group which of course get paid because of the

58 "Malaysia's Approach to Indonesian Migrant Labor: Securitization, Politics, or Catharsis."

In Non-Traditional Security in Asia: Dilemmas in Securitization. Routledge, 2006. 59 Rahim, Rohani A., Muhammad Muhammad Afiq, Kamaruddin, and Mohammad

Nizamuddin. Combating Smuggling in Persons: A Malaysia Experience, 2015. Accessed

February 11, 2017. https://www.shs-

conferences.org/articles/shsconf/pdf/2015/05/shsconf_icolass2014_01004.pdf.

26

services provide for the illegal ones such as transportation, documents, etc. Another

way around, the smuggled are getting paid because of doing an illicit activity

illegally and silently. While this phenomenon raises concern between government,

it also been portrayed as the admittedly affects the security of the country at large.

The researchers continuously addressed the conditions of Malaysia that

seemingly has attracted people all of the countries and has opened the opportunity

to human smuggling. However, there were plenty of initiatives have been made by

the Malaysia’s government to respond and concurrently tackle this problem since

the number of people smuggling increases each year, most importantly in 2007 and

2009. According to the researchers, the Malaysian government has developed a

program called the Five-Years National Plan (2010-1025). This program is one of

the effort and could be said as the determination to really show that the government

of Malaysia taking the problem seriously. Under this program, the Malaysia

government dealt to strengthen the laws, coordination, cooperation internationally,

raise the awareness of public by the training and programme, and also strengthen

the implementation of law or law enforcement. Such efforts are just great for the

Malaysian at once ensure the problems were not going to widespread. On the other

side, it would be even great if Malaysia could be doing an integrated and

comprehensive international cooperation through information and knowledge

sharing and dialogues. In the implementation, the Malaysia’s authorities have been

involved in collaboration with international bodies for having such programs like

counselling and etc. One beyond all: the Malaysian government would like to have

a free of illegal activities and particular-related crime.

This research paper has been very well-informed and insightful. The

researcher providing not only the efforts but the Malaysia’s policy as starting point

which is good to look further and dig deeper the framework of the efforts. The

method has been used believed was qualitative research which provides reliable

sources within. Also, the period of time that consists in this research paper are

suitable for further analysis. The efforts and programs has been provided even it

will took deeper analysis in the case smuggling. However, even this research not

27

merely focusing on smuggling of people, but the author found it is descent in

explaining the situations in Malaysia.

Fourth, the article title Transnational Organized Crime: An

(Inter)national Security Perspective by the Ministry of National Defense,

Bucharest, Romania from the journal of Defense Resources Management

published in 2016, which undertaken in order to have deeper understand about the

ongoing phenomenal called Transnational Organized Crime and its perspective in

the national security sphere.60 The researcher which was written by Ionel Stoica

stated that over the past two decades organized crime has become a transnational

phenomenon, and its influence is still far from being understood and fully

understood by ordinary people. The form of its manifestations, whether explicit, or

subtle, permanently evolves and adapts. Then as a result, disruption of its activities

from the field of law makes it difficult to identify and resist it, in order to overcome.

After a long period of time when the phenomenon was more a peripheral

phenomenon, transnational organized crime tended to be a major danger to the

political, security, social and economic stability of the states. Through its nature

and purpose that is organized, and through the complexity of its embodiment,

transnational organized crime is a phenomenal great challenge for state and non-

state organizations relating to national and international security. Within the context

above, this research was intended to focus on the phenomena derived from most

influential theories in international relations, presenting the latest features of

transnational organized criminal groups, on the other side, the researcher able to

analyse the causes and supporting factors of the phenomenon, as well as the impact

of such phenomena on national and international security at the political, economies

and the military. In fact, the approach is interdisciplinary and also includes a link

between transnational organized crime.

According to the researcher, Transnational crime has been rooted in

humankind history. It means, decades ago Transnational Crime has been

60 STOICA, Ionel, and Ministry of National Defense, Bucharest, Romania. Transnational

Organized Crime: An (Inter)national Security Perspective by the Ministry of National Defense,

Bucharest, Romania 7, no. 2 (n.d.).

http://journal.dresmara.ro/issues/volume7_issue2/02_stoica_vol7_issue2.pdf.

28

experienced by other states even before the world’s today. And it causes-

consequences has spread in all region of globally, further some specific premises

were admittedly linked it to development of social, political, and regional.61 And

the researcher once discussed about the important causes that essential to

Transnational Organized Crime such as (1) the disparities in the socioeconomic

conditions. Because of the high level of global poverty and increasing economic

and social inequalities amongst the society, within the last several decades,

admittedly have generated the phenomenon. In fact, it is not only happened to

developing countries, but also developed ones due to a high level of social

inequalities and by social and economic discrimination. And as the result,

Transnational Crime has considered as the answer to the poverty and inequality, (2)

high demands of goods and illicit services would have impacted further, alongside

with the wealth and excessive consumption in developed countries could create an

opportunity for spending spare time. In that way, sometimes, criminal groups

become involved in some projects of the development of local interest and

according to the author it is considered as a way to improve that them (criminal

groups) are way more reliable and effective than state institutions, (3) the

demographic in developing countries led the increasing populations in countries,

which tends to create difficulties in social and economic. The populations are the

most vulnerable to the actions of organized crime groups that their capacity to

intervene is way better than state institution that does not really engage and involve.

Further, the researcher once talked about how globalization act as the

facilitator and a cause for the sake of transnational crime. It was considered because

of the free movement of capital flows, people are freer to involve even in an illicit

business as they see the opportunity to make money from it and get profit beyond.

In terms of market, the criminal groups considered succeed in silently avoiding

national boundaries and adapt to the current global economic environment, in which

states are lacking its control over national business. Within the globalization which

makes organized crime expands geographically and numerically (the number of the

61 Stoica, Ionel. "Transnational Organized Crime. An (Inter)national Security

Perspective." Journal of Defense Resources Management 7, no. 2 (2016), 17. Accessed

December 20, 2017. http://journal.dresmara.ro/issues/volume7_issue2/02_stoica_vol7_issue2.pdf.

29

countries affected, groups that operates, and field of illicit activity) due to the

globalization have unfortunately facilitated these developments. Additionally,

organized crime affects the way in which states institutions and its democratic

processes function. In fact, if states do have powerful institutions, the threat tends

to create vulnerability, another way around, for states who does not, the threats

unfortunately straightforward. That being stated, transnational crime threatens good

governance, state institution, legal markets, economic development and life of

people.

In regards all the point of views, one fact beyond all: transnational organized

crime has become more than ever an increasing threat in the form of hard and soft

threat for national and international security are facing.62 Such negative impacts are

including in the political field, in which affects state sovereignty. Because the

current international system suffers transformation and led to an excess of power in

world of politics in favor of the non-state actors that tends to govern the world. It is

when states lose their power (in terms of the capability of distributions in favor of

markets), in which transnational organized crime has challenged the power and the

sovereignty of the states. For instances, states lose their power (which is to be

understood in terms of the distribution of capabilities) in favor of markets,

sometimes illegal ones. Strange also points out that criminal groups challenge the

power and the sovereignty of the states. And as result, emerges the existential

symbiosis between the state and the non-state criminal groups, in which disposed

the fact that government get adjusted with the erosion of political framework,

accepting the cohabitation with criminal groups. There is a mutual relationship

established between organized crime, legal business and state authorities.

The interpretation of this research is placed in the case of illegal

immigration that tends to be inclusion of transnational crime in Malaysia. As

previously mention, the illegal migration is included the smuggling and illegal

worker from Indonesia, further, the movement has been planned and organized, and

62 Stoica, Ionel. "Transnational Organized Crime. An (Inter)national Security

Perspective." Journal of Defense Resources Management 7, no. 2 (2016), 23. Accessed

December 20, 2017. http://journal.dresmara.ro/issues/volume7_issue2/02_stoica_vol7_issue2.pdf.

30

in terms of doings, they are more likely be employed as an illegal. There are many

sectors that these illegal migrant workers involve in such as the construction sector,

plantation, and other sectors remains. The fact that they came from the country

outside has been labelled them as the illegal ones and transnational. And there is a

case when illegal ones involve in market development of Malaysia which easy to

be blend and adjusted with the current trends in Malaysia’s market. Not to mention,

the market conditions of Malaysia that fortunately depend to the illegal worker.

This journal is wished to have a perspective within lies in the lens of security,

internationally and nationally. And as it expected, the researcher delivered a very

good explanation which found will be contributed to the study of this topic. On the

other hand, the author discussed about the theories in international relations within

the context of security even though none of these theories used in this thesis but

will later contributed to the knowledge of the author.

Fifth, in the book titled “Security and Migration in Asia: The Dynamics

of Securitisation” by Melissa Curley and Siu-lun Wong in 2008.63 They explore

how unregulated and illegal forms of human movement in Asia and beyond the

region have been portrayed as a 'security' problem, and how the 'securitization'

framework applies and allows for a more effective response to them. And as a lens

to identify the linkage of migration and security, the researchers adopt the

framework that has been used currently. The securitization by Copenhagen School

has been very debatable. In fact, it shown the crucial relations interconnected on

how migration and security could be viewed as a challenge by simply put,

securitization as the process which something becomes a security issue. The process

itself involves actor, referent object, process and outcome. Illegal Migrant as the

security issues that expect to follow along with the strict policy. Since Illegal

migration gained its recognized in country which framed negative images,

arguably, make it easier to be securitized by the government itself. By securitizing

this issue, hopefully, can guarantee the survival of the country itself, therefore, there

are steps to be taken to recognize this issue is security and threaten the survival of

63 Curley, Melissa, and Siu-lun Wong. Security and Migration in Asia: The Dynamics of

Securitisation. Abingdon, Oxon: Routledge, 2008.

31

a country. And one of that is the actual implementation of policies and emergency

issues.64 Melissa Curley and Siu-lun Wong addressed that the issue of migration in

Asia itself is an issue that can be a complex problem. In fact, migrants are stateless

people, or even people who want a better life than theirs in the former country.

In the case of Malaysia, the illegal migration, and people smuggling has not

been settled in a possible way that Malaysia could do and fearfully it might take

ages, this phenomenon would adversely create economic, social, political and

security problems to Malaysia. In fact, Malaysia has not a signatory of 1951

Refugee Convention and 1967 Protocol. Foremost, since this problem has taken

high stage under Malaysia circumstances, accordingly, the official government

urged the UNHCR to immediately act upon it, same as Malaysia is working hard to

tackle such problems. This initiative has showed how the Malaysia really struggled

to cope up with the illegal migration and people smuggling, without neglecting the

fact, Malaysia has considered this problem as challenges in one way or another.

Also, showed that UNHCR as international organization plays such big role in

coordinating and give genuine settlement towards the problem of illegal migration

and refugee. Then, these points have been considered in analysing the topic and

objective of this thesis.

The topic in the book has been well-presented and engaging which covers

many related issues and research on human trafficking, people smuggling,

transnational organized crime, regulated and unregulated worker migration in Asia,

and the topic that debatable namely the securitization of illegal migration in the host

country, transit and home country. It found that this book provides comprehensive

insight into contemporary forms of illegal migration, under globalization, and etc.

Sixth, in the book by Ralf Emmers titled “Non-Traditional Security Issues

in Asia: Dilemma in Securitization” published in 2017 explains the problems

faced by Asian countries that admittedly, each problem is very complex and

diverse. This book acknowledged the non-traditional security challenges that

64 Curley, Melissa, and Siu-lun Wong. Security and Migration in Asia: The Dynamics of

Securitisation, 4. Abingdon, Oxon: Routledge, 2008.

32

experience by the Asian countries today such as environmental degradation,

transnational crime, illegal immigration, etc., by providing an extensive study using

the concept of securitization. This book gives another perspective in seeing illegal

migration problem. Specific measure has been drawn in the chapter III written by

Joseph Chinyong Liow stated that the illegal migrant flow of Indonesian to the

Malaysia's peninsula, considerably was the second largest flow of illegal migrants

after the U.S - Mexico Borders.65 Since approximated there was one million illegal

migrants of Indonesia in Malaysia, underlined the fact that Indonesian workers in

Malaysia has been long recognition. Due to the shared culture, language, ethnicity,

and geographical closeness, the Indonesian likely to migrate in Malaysia. There are

many factors that cause why Malaysia becomes choice of foreign workers from

Indonesia. First, the geography factor. Malaysia is a very close neighbour of

Indonesia. Transportation relatively easy, cheap, and fast. Second, historical and

cultural factors. Ethnic Malaysian society is almost identical to Indonesia, as is

language equality and has close social relationships and the same culture of ancient

time.

He further explains that Indonesian has been portrayed as a threat, brings

security concern over Malaysian due to the speech act mobilized by the official

government by Malaysian, however, there were multiple protest between Malaysian

over the Indonesian. Particularly, the illegal migrants have also significant

implication whether to the individual or dignity. Accordingly, the Malaysian

government has taken few step, unilaterally and bilaterally. Unilaterally, they have

been capping of work permits and identifying and labelling this issue as a threat, in

other way, bilaterally, there were several agreements signed between Indonesian

and Malaysia. Therefore, migrant emphasising that the tremendous number of

Illegal Indonesia labour eventually has become a threat to Malaysia, causing

Malaysia to have a security discourse by securitization attempted to stem the entry

of illegal migrant workers from Indonesia. This securitization covers how the

government handles illegal Indonesian migrant workers, in which migrants can

65 Liow, Joseph C. "Malaysian Approach to Indonesian Migrant Labor: Securitization, Politics, or

Catharsis?" In titled “Non-Traditional Security Issues in Asia: Dilemma in Securitization”. 2017.

33

pose a threat to the Malaysian society. By this, Liow was focused to evaluate the

plight of illegal Indonesian workers by conceptualizing the securitization theory

within. Securitization theory by the Copenhagen School was emerged since the End

of Cold War, specifically after the event 9/11, it was used to analyse the

international migration in the European context as well as the U.S. Since then, he

admitted the term of security was broaden and comprehensive in terms. Another

point, based on Liow's research, the large number of illegal (illegal) foreign workers

has become a problem for the Malaysian government, particularly, in terms of

employment competition with the Malaysian population, and this problem is then

exacerbated by criminal acts (criminality) conducted by some of these illegal

foreign workers.66 The growing opinion in Malaysian society even puts these illegal

foreign workers as a source of serious social problems in Malaysia. This then

prompted the Malaysian government to place illegal foreign workers as a threat to

state security.

This book discussed how the Malaysian government handling the issue of

illegal Indonesian workers and the fact that this book explicates the perspective of

migration which analysed at the level of security in international relations in the

specific case, has been very helpful to answer the research question of this thesis.

Seventh, the author took a Doctoral Thesis submitted by Syed Abdul Razak,

under title “Indonesian Migration to Sabah: Changes, Trends and Impact” in

2014.67 This study proposed a research about the phenomenon of migration in

Sabah. According to the author, human migration between Indonesia and Malaysia

has been running for ages, as time goes by, it is getting more complex despite the

fact of migration provides benefits for both, Indonesia and Malaysia. It is arguably

that there were negative impacts essentially with this phenomenon, that it is the

increase of illegal migration. In this thesis, Syed Abdul Razak talked Malaysia that

first time experiencing the flow of migrant worker and the emerges of legal

66 Liow, Joseph C. "Non-Traditional Security in Asia." In “Malaysian approach to Its Illegal

Indonesian Migrant Labour Problem: Securitization, Politics, or Chatarsis?”, 12-16.

Singapore2004. 67 Razak, Syed A. "Indonesian Migration to Sabah: Changes, Trends and Impact.”." PhD diss.,

University of Adelaide, 2014.

https://digital.library.adelaide.edu.au/dspace/bitstream/2440/84693/8/02whole.pdf.

34

migration. He opined that there were 3 phases of in which Malaysia has experienced

such matters called the influx of migrant worker in Malaysia and illegal migration

in Malaysia by begin to explain about economic changes experienced by Malaysia

which arguably has attracted the foreign migrant worker. Malaysia’s economic

system has 4 broad stages that was first is in the early of independence from 1957-

1970, second the New Economy Plan or NEP (1971-1990), the National

Development Policy (NDP) in 1991-2000, and switched to National Vision Policy

(NVP) in 2001-2010 – that was arguably made rapid growth in economy of

Malaysia which later, in the late of nineteenth century, when Malaysia was

colonized by the British rule, at the same time, Indonesia was colonized by the

Dutch, Japanese labours were recruited to maintain the British Capitalist economic

enterprises through Dutch Contract and Labour Contract which takes places in

Malay Peninsular and Sabah. In fact, during the British colonization, Indonesian

migrant labour group was remained the largest in Peninsula after the Chinese and

Indians. That was one of the historical fact underlined by Syed. Further, he

continues to distinguish each stage of the arrival of migrant worker, at once, the

emergence of illegal. According to Syed, there were stages such as from Repelita 1

until VI, which was highlighted to explain the entrance of foreign migrant labour

despite of during the colonization. This study given the historical outlook in regards

the phenomenon of migration in Malaysia.

35

CHAPTER III

RESEARCH METHODOLOGY

After having established the basis of the theoretical outlook of this research

titled “Malaysia’s Effort in Managing the presence of Indonesian Illegal Migrants

Worker”, it is also relevant to the lens that will be looked at how evidence has been

collected to support all the arguments embraced within the context and what kind

of methodology has been utilizing. In other words, the researcher explains clearly

how the data and information which essential to address the research objective and

question was collected, conferred, and well-analysed.

III.1 Research Methodology

The author of this study is using qualitative method. Qualitative method is

done intactly to research subject where there is an event, where researcher

become the key instrument in research, hence result of method is arranged in

the form of words through empirical data which have been obtained. In other

words, the qualitative method is a study that intends to understand the

phenomenon of what is experienced by the subject of research, for example,

behavior, perception, motivation, actions and others holistically and by way of

description in the form of words and language in a special and natural context

and by utilizing various scientific methods.68

III.2 Research Instrument

This research was written optimally and effectively using the reliable

sources offered in the internet, therefore, it relied on primary and secondary

in order to deliver with accurate and objective findings.

68 UPI | Institutional Repository | Repository@UPI - Repository@UPI. Accessed

January 16, 2018. http://repository.upi.edu/406/6/S_PKN_0907327_CHAPTER3.pdf.

36

III.2.1 Primary data

The primary data refers to data collected the first time in the field which

it is originally used.69 And for this research the primary data that was

used comes from the Malaysia’s state official and Indonesia’s state

official who specialized in the management of migration. In fact, the

data is in the form of speech or statement, official report, and

presentation.

III.2.2 Secondary Data

Another way around, the secondary data was collected for purposes other

than the original use, and sources used to collect secondary data are the

analysis of documents obtained from the institution, whether published

and unpublished documents, and other relevant literature.70 In this

research, the author used journal, book, news and magazine and many

more as the secondary data.

III.3 Research Time and Place

This research was successfully conducted in an expected time as

described in the following timeframe:

Activity

December

2017

January

2018

February

2018

March

2018

April

2018

Research

(Data

Collection)

37

Writing

thesis

Submission

of final

draft

Defense

Table 1 The Progress of Making the Research

Further, this research was conducted in several places such as Adam

Kurniawan Library President University, National Library of Republic

Indonesia, and House of Representative’s Library as this research

instrument is also using Library Research method, it is useful to give

comprehensive findings essentially to illegal migrant worker and illegal

smuggler through the view of the experts as well as governmental

arguments.

III.4 Research Framework

To gain clear understanding of the analysis of the research, the author

provides the research framework. Based on the figure above, the writer

endeavours to apply the research framework to further prove how the

mentioned conceptual framework used are suitable to address the case of

people illegal immigrants and people smuggling as threats toward Malaysia’s

national security. Alongside with the explanation of the research question

throughout this thesis, the writer will attempt to explain Malaysia’s national

interest and potential threat to cope with the issue of illegal migrant and

people smuggling majorly coming from Indonesia. Later the writer will show

how the output of the formulation in the form of programs assessed by

Malaysian government to address the issue during the year of 2011 – 2017.

38

Figure 3 Research Framework (Constructed by the Writer)

39

III.5 Thesis Structure

CHAPTER I – INTRODUCTION

This chapter was the starting point that conceptualizes the entire

research, therefore, it includes the following subtopics, namely:

background of the study, problem of identification, statement of

problem, research objectives, significance of study, theoretical

framework, scope and limitation of study, and definition of terms.

CHAPTER II - LITERATURE REVIEW

This chapter provides seven related literature and studies, which was

reviewed journal, book, and article which are essential to the aim of

this research. The selective literature and study was taken mostly

from foreign, which contains of facts and information regardless at

hand. The author captures the essence of recent knowledge and gives

comment critically which considered vital to justify the findings.

CHAPTER III - RESEARCH METHODOLOGY

This chapter clearly captures the research methods that has been used

to run the study. It consists of research methodology, source of data,

research time and place, conceptual framework, research framework

and thesis outline.

CHAPTER IV - OVERVIEW OF ILLEGAL MIGRANT WORKERS

IN MALAYSIA

In this chapter, the author focuses on overviewing illegal migration

in general to specific Indonesian illegal migrant workers. To start

with, the author gives outlook of the Malaysia and Indonesia

relationship on the migration, then continue to examine, firstly, the

development of illegal migrant worker in Malaysia. Secondly, the

overview of illegal migrant workers of Indonesia in which associated

with the smuggling, the author attempted to define the actor that

involved during the movement and discover the pathway which

40

currently used by the smuggling to smuggle the illegal immigrant.

Third, the legislative framework and its implementation in Malaysia

to cope with illegal migrant.

CHAPTER V – ANALYSIS OF THE EFFORTS OF MALAYSIAN

GOVERNMENT TO MANAGE THE PRESENCE OF INDONESIAN

ILLEGAL MIGRANT WORKERS

Chapter V is an analysis, which provides a lens of implications of

illegal migrants in Malaysia. The author tried to explain the linkage

of illegal migration movement and its activity with the security. It

explains how illegal migrant in Malaysia, especially, Indonesian

Illegal Migrant worker become challenges to the national security of

Malaysia. In other words, the author has put its measure of to what

extend the Indonesian Illegal Immigrant becomes a threat to

Malaysia. It continuously explains the programs that is now

conducted by the Malaysian government as their efforts to cope with

the Indonesian Illegal Migrant.

CHAPTER VI – CONCLUSION

In chapter VI the writer endeavours to conclude based on the

research that has been conducted, the data has been collected and the

concepts that have been applied in order to answer the particular

research question.

41

CHAPTER IV

OVERVIEW OF INDONESIAN ILLEGAL MIGRANT

WORKERS IN MALAYSIA

IV.1 Development of Indonesian Illegal Migrant Workers in

Malaysia

Among the developing countries in Southeast Asia, Malaysia is

recently one of the major host countries for transnational immigrants.

Historically, there are third major trends in the migrant worker movement

in Malaysia. The first wave (1970-1985) coincides with Repelita I to III. 71

Accordingly, most migrants are informally employed in the rural plantation

sector, and still in small quantities. By the late 1980s, there was an increase

in the demand for foreign worker by the government and society for the first

time, first, the shift from rubber to oil palm from 1960 to 1977.72 Second,

there was an increase in the number of foreign workers rising in the late

1970s and early 1980s to meet demand, especially in construction and

agriculture. This hype is caused by structural changes in the economy and

the movement of urban streams of young job seekers. In the early stages,

most migrant workers work in rural plantation sectors in relatively small

quantities. During the period 1970 to 1985, Malaysia still relies heavily on

agriculture, which results in export earnings. While local young people

leave the plantation to find jobs in the manufacturing sector where wages

and working conditions are better than in plantations. Hence, foreign

workers is needed to fill the gap. Due to a rapid development program that

emphasizes improvements in education, residential and non-residential

construction, public transport development and improved services

71 Kanapathy, Vijayakumari. International Migration and Labour Market Developments In Asia:

Economic Recovery, The Labour Market And Migrant Workers In Malaysia. Malaysia: Institute of

Strategic & International Studies (Malaysia), 2004.

http://www.jil.go.jp/foreign/event/ko_work/documents/2004sopemi/2004sopemi_e_countryreport

6.pdf. 72 Ibid.

42

(electricity and water) induced by public investment (EPU 1976), which

ultimately creates new jobs in the construction sector more than can be

handled by the local community.

In the second wave (1986-1998) coinciding with Repelita IV to VI

in Indonesia was triggered by widespread economic and demographic

differences. According to data obtained, in 1990, Indonesia's population was

almost 10 times larger than Malaysia at 55.2 million in the workforce.73 As

before, the growth of migrant workers, the current lack of employment, and

the need for migrant workers is widespread, it is even followed by increased

wages causing a large number of both documented and undocumented

workers (illegal workers) to increase. The inflow of foreign workers

resumed. As Malaysia experiences a rapid economic recovery caused by the

economic crisis, the influx of migrant workers continues, but at a slower

pace. The third wave of foreign migration in Malaysia shows an emerging

trend in which the source of foreign workers on the Peninsula was mixed

with workers mainly from Bangladesh, Thailand and the Philippines

although Indonesia remained a major source of foreign workers, especially

in plantation and domestic servants.

Hundreds of thousands of Indonesians have flooded into Malaysia,

legally and illegal in order to fill the shortage of labour in one of Asia’s fast-

growing economies. And due to the fact that economic of Malaysia is

promising which believed by foreign workers has further affects foreign

workers in Malaysia. As shown in the table below which was obtained from

the official state government of Malaysia namely Ministry of Home Affairs,

the number of Indonesian migrant worker was one million of the total in

2006 than other countries such as Nepal, Indian, Vietnam, etc. Later, in

2008, Indonesian migrant worker in Malaysia was hit the number of one

73 Kanapathy, Vijayakumari. International Migration and Labour Market Developments In Asia:

Economic Recovery, The Labour Market And Migrant Workers In Malaysia. Malaysia: Institute of

Strategic & International Studies (Malaysia), 2004.

http://www.jil.go.jp/foreign/event/ko_work/documents/2004sopemi/2004sopemi_e_countryreport

6.pdf.

43

million and considered is 50 percent covered migrant workers in Malaysia.

In other words, majority of migrant workers in Malaysia at that time was

Indonesian, who also considered has been a long run feature of Malaysia’s

economy as mentioned earlier.74 Following is the data of regular migration

in Malaysia who came from country outside. Based on the table below, the

number of regular migrant workers from Indonesia ranked highest and

followed by the Nepal, India, etc under those mentioned periods. The data

provided is in order to portray how Malaysia experienced the highest influx

of foreign labour, particularly, foreign migrant workers from Indonesia. As

mentioned many time, Malaysia is not favourable to Indonesia, but also

other countries around. However, this data shows that Indonesian foreign

workers was the majority, surprisingly in 2008 Malaysian population was

consisted of 50% migrants coming from Indonesia.

THE COMPARISON NUMBER OF REGULAR FOREIGN

WORKERS IN MALAYSIA

*50% of the total of foreign migrant workers in Malaysia.

Table 2 Total Data of Legal Foreign Workers in Comparison to Other Countries75

74 An Overview of Indonesian Migration to Selected Countries in Asia and the Middle East.

International Labour for Migration, 2010. Accessed December 29, 42.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf. 75 Ibid

Country of

Origin

Number of Workers

2006 2008

Indonesia 1,215,000 1,120,828*

Nepal 200,200 207,053

India 139,700 138,083

Vietnam 85,800 103,338

Bangladesh 58,800 315,154

Myanmar 32,000 134,110

44

As you can see from the table, Indonesia is the largest sender of legal

workers, where in 2006 and 2008 legal workers from Indonesia touched

more than one million. Continually, in the year of 2008, legal workers from

Indonesia constituted half a percent of the total legal worker in Malaysia.

This can be attributed to the fact that legal workers from Indonesia surely

has determined Malaysia as the top country to work, in fact, legal workers

from Indonesia have the highest rates compared to other countries such as

Nepal, India, Vietnam, Bangladesh and Myanmar. Admittedly, the very

high differences in the number of workers between Indonesia and other

countries may be due to Malaysia as a country that is very accessible to

Indonesian workers themselves, such as ease of work, or the cost of living

is not as expensive as compared to other countries.76

THE NUMBER OF LEGAL FOREIGN WORKERS OF

MALAYSIA IN 2015

Country of Origin Number of Workers

2015 (Until October)

Indonesia 828,283

Myanmar 120,467

Vietnam 51,169

Philippines 18,385

Thailand 12,442

Cambodia 8,548

Lao PDR 61

Table 3 Total Number of Legal Foreign Workers of Malaysia in 201577

76 An Overview of Indonesian Migration to Selected Countries in Asia and the Middle East.

International Labour for Migration, 2010. Accessed December 29, 42.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf. 77 Ministry of Home Affairs. Number of Foreign Workers in Malaysia by Sector, 2000 - 2015.

Official Website of Economic Planning Unit Prime Minister's Department, n.d.

http://www.epu.gov.my/sites/default/files/1.5.1.pdf.

45

According to the data, legal foreign workers in Malaysia still

dominated by Indonesia, while other countries such as Myanmar, Vietnam,

Philippines were placed after Indonesia. This means until 2015 Malaysia is

the top and preferred destination country to work. Therefore, according to

Migration Survey Report of Malaysia, the period of 2014 until 2015 remains

2.6 percent of population aged 1 year and over were migrants. Meanwhile,

the report also indicates that there were 11.8 percent of international

migration has actually moved abroad to Malaysia.78 Additionally, according

to the data from BNP2TKI, the number of legal Indonesia workers in the

last year was a total different with years before. Below the data obtained by

National Authority for the Placement and Protection of Indonesian Oversee

Workers.

THE NUMBER OF INDONESIAN REGULAR MIGRANT

WORKERS IN MALAYSIA

YEAR Regular Migrant

Worker* Details

2017 88.991 January-December

2016 87.623 January-December

2015 97.635 January-December

2014 127.827 January-December

2013 150.250 January-December

2012 134.069 January-December

Table 4 Data of Official Regular Migrant Workers of Indonesia in Malaysia79

78 Department of Statistic Malaysia Official Portal. Migration Survey Report, Malaysia, 2015.

THE OFFICE OF CHIEF STATISTICIAN MALAYSIA DEPARTMENT OF STATISTICS,

MALAYSIA, 2016.

https://www.dosm.gov.my/v1/index.php?r=column/cthemeByCat&cat=125&bul_id=TkxwQkN1Y

zhwbk1JZkJvTmVZZlNLUT09&menu_id=U3VPMldoYUxzVzFaYmNkWXZteGduZz09. 79 BNP2TKI. Statistik Penempatan Indeks. n.d. http://www.bnp2tki.go.id/stat_penempatan/indeks.

46

As a matter of fact, if we compare with the number of illegal

migrants, it seemingly larger than regular migrant workers (see table 5

chapter VI). There are many factors that implicated the illegal migrants. In

the context of illegal migrant workers, the process of the document that

considered quite complicated, meanwhile, the bureaucratic process is

taking time longer, which is the problem that Indonesian workers (TKI)

are still facing now.80 According to BNPTKI, there are several

requirements that must be fulfilled to be a legal Indonesian Workers (TKI)

legal, among others, sent through an official agent who will assist in the

manufacture of passports and visas, obtain health certificates, have skills

and language skills, and pay other liability insurance funds within the

limited period.81 Secondly, the costs fee paid by the legal migrants is way

expensive. Considered, the visas cost is around 783,875 IDR, excluded the

cost that being charged for Indonesia Workers. For instance, the costs

incurred for the process until the placement admittedly can be 10-11 times

higher of the salary of TKI.82 However, in another cases of migrant who

does not have the quality of the Technical Education and Training Center

or Balai Latihan Kerja (BLK), and certification bodies in the country,

which do not perform competency tests properly and correctly – emerged

the what so called of the criminalisation program which refer the forgery

or a fake diploma without having enough competence to work out, which

the assistance of illegal bogus, they in fact has been sending to destination

country and allowed to work.

"The non-procedural TKI exists because of the complexity and

high cost of the migrant worker, and also when the Competent Test,

which many cases of a migrant do not have sufficient qualifications,

likely emerged the calo or bogus agents. However, procedurally, the

80 BNP2TKI. Menjadi TKI Ilegal Dianggap Lebih Menguntungkan Begini Jawaban Kepala

BP3TKI Makasar. Indonesia: Humas BNP2TKI, 2017.

http://www.bnp2tki.go.id/read/12901/Menjadi-TKI-Ilegal-Dianggap-Lebih-Menguntungkan-

Begini-Jawaban-Kepala-BP3TKI-Makasar.html. 81 BNP2TKI. Proses Rekrutmen TKI Terlalu Panjang. Indonesia: Humas BNPTKI, 2014.

http://www.bnp2tki.go.id/read/9681/Kepala-BNP2TKI:-Proses-Rekrutmen-TKI-Terlalu-Panjang. 82 Ibid

47

migrant who failed the competence test must take the test again to

get the certificate passed the test. It might burden the migrant. "83

While during the socialisation conducted by BNP2TKI, they

once stated that:

“Apparently, the culture of some Indonesian people in which

they wanted and rely on shortcuts or always look for the easy, but

without considering the risk instead. Because there are still many

migrant workers who leave illegally without going through the

applicable procedures because of the procedures that might

complicate the migrants.”84

In the case of why employers prefer to recruit and employ the illegal

migrant worker, they also accordingly have the exact same reason. The

process of documents and stages that have to complete is quite a few and it

may take time longer. However, the number of foreign worker especially

from Indonesia is cannot be separated with the fact that Malaysia indeed the

foreign worker to fulfil the job field due to the labour shortage. Prior to this,

Malaysia remains top main destination country for regular or illegal worker

from Indonesia, Bangladesh and, to a lesser extent, from other regions of

South and South Asia, such as Cambodia, Laos, Nepal, Philippines, Sri

Lanka and Vietnamese. Most important, for years remains Indonesian’s

much-loved country.

As mentioned earlier, the current policy on migration management

and the Indonesian migrant recruitment and protection system on the other

hand has resulted large numbers of people leaving Indonesia without

following official procedures, increasing the number of people to become

illegal migrants in destination countries ever since. These Indonesian illegal

migrant workers can be found in almost every destination country of

83 BNP2TKI. Proses Rekrutmen TKI Terlalu Panjang. Indonesia: Humas BNPTKI, 2014.

http://www.bnp2tki.go.id/read/9681/Kepala-BNP2TKI:-Proses-Rekrutmen-TKI-Terlalu-Panjang. 84 BNP2TKI. Kenapa TKI Non Prosedural Lebih Gampang dan Cepat Berangkat ke Luar Negeri?

Humas BNP2TKI, 2014. http://www.bnp2tki.go.id/read/9643/Kenapa-TKI-Non-Prosedural-Lebih-

Gampang-dan-Cepat-Berangkat-ke-Luar-Negeri?.html.

48

Taiwan, United Arab Emirate, Saudi Arabia, Hongkong though

unfortunately, Malaysia holds the largest number of illegal migrant workers

from the Indonesian state. And just like many other countries, Malaysia,

admittedly, still a top destination of illegal migrant of Indonesian and

continuously is a home to a sizeable number of illegal immigrants yet it

shown how Malaysia has become a country that provides the opportunity to

illegal migrant worker according to BNP2TKI. It was because the

opportunity to live a better life and to against the misfortune wider opened

in MALAYSIA.85 From the data obtained, approximately, about 480.000

illegal immigrants in Malaysia in year before 2002.86

Seeing the large number of Illegal Indonesian workers in Malaysia,

in August 2001 both governments agreed to address this after Megawati's

visit to Kuala Lumpur. Next year, Malaysia and Indonesia formally decide

to sign an agreement in Bali in August 2002 following massive deportation

of Indonesian migrants by the Malaysian government. However, the number

of illegal migrant still high. In 2002, the number of illegal migrant is

approximately 439,727 people, however, exact number were blurred prior

to their status as illegals.87 Continuously at present, Malaysia has become

the largest destination country for illegal migrant workers. Based on official

data in 2006 from Malaysia, estimates that there are around 700,000 illegal

migrant workers in Malaysia and the majority (70 percent) are from

Indonesia.88 As these illegals grew up in number, many things have been

conflicted. As a result, illegal migrant of Indonesia has not been solved until

today. Apart from that, we could relate to the fact that Indonesia is a source

country of illegal migrants in Malaysia, as their neighboring country, which

labelled this issue as the never-ending issue with Indonesia itself. Even this

85 Ahmad, Mohd Radzi Sheikh. "International Migration and Development - A Malaysian

Perspective." In International Symposium on International Migration and Development, 4. 2006. 86 Ibid., 5. 87 Ibid 88 An Overview of Indonesian Migration to Selected Countries in Asia and the Middle East.

International Labour for Migration, 2010. Accessed December 29, .

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf.

49

problem could be somehow a bilateral friction between both countries. And

as the problem seemingly to be unending, to number of Indonesian illegal

migrant really vary each year later.

IV.2 Indonesia and Malaysia Relations

The development of relations between Indonesia and Malaysia has

been characterized by the ups and downs dynamic. Although in general the

relationship between the two countries is quite harmonious and smooth, but

at certain times sometimes experience interference, causing some tension.

At one time it seemed tight and close, but suddenly it sometimes turned into

tenuous. The diplomatic relations between Malaysia and Indonesia were

established promptly after the independence of Malaysia when Tunku

Abdul Rahman was Malaysia’s first prime minister, in fact, it has been more

than sixty years of kinship bilateral relations. The relationship was

commonly known as “Rumpun Malayu” as particularly true by virtue of

location in which close in proximity, while those countries are beautifully

diverse in culture and ethnic. While religion practice as mostly belong to

Islam, they further have been cooperative and active to conduct bilateral

cooperation in politics, economy, social, and education. However, the

development of relations between Malaysia and Indonesia has departed

through several stages oscillating from a common feeling of “brother-sister

country” and its cooperation to outright hospitality.

Current relations are often described as positively ‘special’ and close

co-operations exist – on a bilateral level as well as within ASEAN. Indeed,

Indonesia and Malaysia have its own interest as every country does. And it

cannot be denied that “the brothers and sisters relationship” between

Indonesia and Malaysia is still experiencing tidal harmony. Various

complicated issues are often used as an excuse for both countries in sparking

disputes between the two.89 And one of the issue that likely to leash the

89 Ambalavanan, Darshainy, Ng Mun Yee, Nauval Arrazy, and Raisatun N. Sugiyanto. "IMAHO

(INDONESIA MALAYSIA IN HARMONY): STRATEGI CERDAS ALA MAHASISWA

KESEHATAN DALAM MEMBANGUN KERUKUNAN RUMPUN MALAYA." Direktorat

50

relationship of both is the problem of migrant workers, particularly illegal

migrant worker. The problem of human migration from the start is not a

matter of a single country because the nature of its activities in the form of

travel activities to other countries will always involve the interests of other

countries, at least two countries. So logically, the implications are not felt

only by one country but can be several countries in the region, and even

across the region. The implications are increasingly felt in some areas if the

intensity of its activities increases as well as the number of illegal migrant

workers increases dramatically and is massive. One of which is the issue of

migrant workers, whose share of domestic workers in the region is so high.

Despite of the existences of the Tenaga Kerja Indonesia (TKI)

started to increase as it was positively encouraged the economics of

Malaysia - both countries economically benefited through the TKI – what

has greatly raised concern of Malaysian government is the fact that most

Indonesian holds the status of illegal immigrant, specifically referred to

illegal migrant worker. Border-crossing activity will never be accepted by

any country and Malaysia is no exception even illegal worker economically

benefited Malaysia as well as Indonesia. Nevertheless, Malaysian said it

must be tackled as stated Datuk Seri Mustafar Ali, Director General of

Immigration “there would be no compromising with employers and illegal

immigrants who were found to have no documents...”.90As Malaysia is

“going hard” to tackle the number of illegal migrants, there were another

problem escalating in between. Indonesia sees the action taken by the

Malaysian was unpleasant and disadvantage Indonesian migrant worker.

The interest between country were admittedly tense the diplomatic relations

between both. Eventually, they came up with several bilateral agreements

on labour management. For instances, there was namely Medan Agreement

Penelitian dan Pengabdian Kepada Masyarakat, 2013.

http://artikel.dikti.go.id/index.php/PKMGT/article/view/138/139. 90"Immigration Dept begins crackdown on illegal workers." July 1, 2017. Accessed

February 20, 2018.http://www.themalaymailonline.com/malaysia/article/immigration-dept-

kickstarts-crackdown-on-illegal-workers#xQRGL4xutC1QpULH.99.

51

which one of the landmark collaboration for both countries specifically on

the pertaining to workforce’s recruitment and regulation. Years later, there

was a Memorandum od Understandings (MoU) on employing Indonesian

domestic workers signed by two countries, Indonesia and Malaysia. Back

then, to be said, the problem was heavily peaked in 2006, when Indonesia

has temporally stop sending domestic workers to Malaysia due to the

conflicted interest between them. It was happened until 2011 Indonesia

resumes sending migrant workers to Malaysia in December 2011.91

IV.3 Push and Pull Factors Related to the Illegal Migration

Behind the phenomenon of human migration that occurs between

Indonesia and Malaysia, there were factors which made most people from

Indonesia to migrate to Malaysia. In fact, this known as the push and pull

factor in migration, introduced by Lee.92 This concept states that migration

occurs due to rational choice with respect to the advantages of factors in the

destination country compared to the place of origin of migrants, especially

demographic and economic aspects. It is concluded as a driving and pulling

factor. Driving factors related to conditions in the country of origin such as

unemployment due to lack of employment, low salaries, or poverty. While

the pull factors include the magnitude of employment opportunities or the

needs of higher workers, stable economic state that can also affect the

performance of the market in a country.

In the case of Indonesia and Malaysia. The factors of migration that

has been considered such as (1) the economy condition that encourages

Indonesian migrants worker to Malaysia- improving their economic status

as well as their families. The high level of unemployment caused by the lack

91 Ardiansyah, Syamsul. "“Memorandum of Misunderstanding” Policy Brief on Bilateral Labor

Agreement of Indonesian." Institute for National and Democratic Studies (INDIES)

Indonesia (n.d.). Accessed February 19, 2018. http://asean.org/storage/2016/05/I1_Memorandum-

of-Missunderstanding-PolBrief-on-BilLabor-AgreeonMW-2008.pdf. 92 Iqbal, Muhammad, and Yuherina Gusman. "Pull and Push Factors of Indonesian Women

Migrant Workers from Indramayu (West Java) to Work Abroad." Mediterranean Journal of Social

Sciences 6, no. 5 (October 2015), 168. Accessed January 13, 2018.

file:///C:/Users/USER/Downloads/7893-30552-1-PB.pdf.

52

of employment opportunities available in Indonesia, which eventually made

the illegal and legal workers to immigrate outside Indonesia. Whereas, as

mentioned earlier before, Malaysia desperately needs workers in various

sectors to support the industrialization of their economic programs,

ultimately because of this opportunity, regardless of their illegal status,

these migrants found work to have a better life as stated “The accelerated

economic development programmes and the sustained high economic

growth rates in Malaysia over approximately three decades caused the

influx of migrant workers to meet the increasing demand in the Malaysian

labour market.” 93

In general, illegal migration in Southeast Asia is largely driven by

economic factors, such as poverty and lack of employment. These factors

are combined with significant differences between neighbouring countries,

leading to large-scale illegal migration to the more economically developed

countries in the region.94 For example, economic disparities in Southeast

Asia and demand for migrant workers and better employment prospects and

higher wages mainly account for illegal migration to Malaysia, especially

from Indonesia, (2) social factors which included family/relatives and

cultural expectations, etc. Since Malaysia and Indonesia are shared similar

language and cultural roots, heritage, practice, and norms even encouraged

people of Indonesia to immigrate to Malaysia. In Malaysia, there are many

ethnic groups that have lived together for generations and such groups refer

to the Malays, which comprised 57% of the populations, meanwhile the

Chinese, Indians, and other races made up the rest of it. 95 Despite of having

many ethnic groups, Malaysia is the largest country that ranked 67th in the

world by area 329,758 square km and has the largest population that ranked

93 Navamukundan, A. "Labour migration in Malaysia – trade union views." National Union of

Plantation Workers Malaysia (n.d.). 94 Online Burma Library. Accessed February 16, 2018.

http://www.burmalibrary.org/docs21/UNODC-2015-04-Migrant_Smuggling_in_Asia-

SEAsia_section.pdf. 95 "Fast Facts | Tourism Malaysia." Official Website of Tourism Malaysia. Accessed

January 15, 2018. http://www.malaysia.travel/en/my/about-malaysia/fast-facts.

53

42nd, hit the number almost 30 million people, which an official language

belongs for Indonesia, Malaysia, Singapore and Brunei. And (3)

demographic factor may contribute to individual decisions to migrate.

Figure 4 Malaysia Shared-Border Countries

Malaysia, whose capital city is Kuala Lumpur, in fact, is a royal state

whose territory is separated into two. Two areas of Malaysia are separated

by the southern Chinese sea. As we can see in the map above, some are in

the Malaysian peninsula called West Malaysia and some are in the northern

part of the island of Borneo called East Malaysia. Peninsular Malaysia

(West Malaysia) is located in southern Thailand, northern Singapore and the

eastern island of Sumatra, Indonesia.96 East Malaysia covers much of

northern Borneo and divides the border with Brunei and Indonesia. From

96 Anthony, Mely Caballero-. Regional Security in Southeast Asia: Beyond the ASEAN Way, 90.

Singapore: Institute of Southeast Asian Studies, 2007.

https://books.google.co.id/books?id=gsZ6BwAAQBAJ&pg=PA90&lpg=PA90&dq=Malaysia+sha

red+bordered&source=bl&ots=7eT2cEF1Ke&sig=-

WvKts8VIn_Eq3LFtXdff5R2pgk&hl=en&sa=X&ved=0ahUKEwiR5sWMk4_aAhUGbo8KHeG5

B4I4ChDoAQguMAE#v=onepage&q=Malaysia%20shared%20bordered&f=false.

Source: Encyclopaedia Britannica

54

the geographical position, Malaysia and Indonesia, and county like Thailand

and Singapore remains close. Particularly, Indonesia and Malaysia that is

shared-borders.

IV.4 Type of Illegal Migration in Malaysia

People hopping to another country in the 21st is one of the growing

phenomenon called cross-national migration. Thus, the cross-national

migration can be distinguished into two terms. One of those known as illegal

migration. There are several categories of migration that fall into the

following categories as "illegal", “irregular” or "undocumented migrants”,

but according to UN Protocol Against the Smuggling of Migrants by Land,

Sea and Air, Supplementing the United Nations Convention Against

Transnational Crime, illegal migration is the movement that takes place

outside the regulatory norms of the sending, transit and receiving

countries.97 Thereby, it could be categorized as (a) the entry with no legal

documentation on the other hand manages to enter clandestinely, (b) the

entry that used fraudulent documentation, or (c) entered a country lawfully

but overstayed the visas otherwise violated the terms of entry without valid

authorization.98

Therefore, in Malaysia, illegal migrants mostly can be found in the

form of worker, while the movement itself is quite variant such as (1)

unauthorized entries and work which refers to people that entered Malaysia

silently, with its presence is unknown by the authorities of Malaysia, further,

she or he being employed illegally, (2) the entry is permitted but

unauthorized employment, which refers to the a foreigner whose entry used

a valid document and being placed in a particular sector for work in the

certain period, afterwards, she/he fails to renew the working permit, or (4)

valid entry but overstaying for uncertain period, expiry the work permit.

97 UNITAR | Knowledge to Lead. Accessed March 19, 2018.

https://www.unitar.org/ny/sites/unitar.org.ny/files/IML_Irregular%20migration.pdf. 98 International Organization for Migration | Austria, 34. "Glossary on Migration." Geneva,

Switzerland: International Organization for Migration, n.d. Accessed March 18, 2018.

http://www.iomvienna.at/sites/default/files/IML_1_EN.pdf.

55

This category refers to someone who overstays in Malaysia for long, plus

the working permit has expired while she or he still hired, and (5) a contract

worker who changed their work or employer silently, in other words, she/he

violates the work permit.99 Either these people entered Malaysia by using

ports or any entry points, which facilitated by unofficial agent, people

smuggling or “calo”, will always remain illegal migrant. In such forms, it

is a violation under the immigration law of Malaysia

“may be arrested without warrant by any immigration

officer generally or specially authorized by the Director

General in that behalf or by a senior police officer, and may be

detained in any prison, police station or immigration depot for

a period not exceeding thirty days pending a decision as to

whether an order for his removal should be made”.100

IV.5 The Actors and Roles of Smuggling of Migrant

More and more people are trying to migrate to seek a better life -

trying to improve their own fate or family, who sometimes have to run away

because of poor job opportunities, unfortunate financial circumstances -

have created service demands to help them do so. In fact, not everyone who

wants to migrate has a legitimate chance to do so. As a result, profit-seeking

criminal has been advantage of this fact throughout the smuggling

migrants.101 Therefore, one may argue that some migrants considered the

legal recruitment path too consuming, costly, and complicated eventually

ultimately choose migration through illegal channels.102 And in the case of

99 Kassim, Azizah. "Policy on Irregular Migrants in Malaysia: An Analysis of its Implementation

and Effectiveness." 34, 3. https://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf. 100 Laws of Malaysia. Malaysia: The Commissioner of Law Revision, Malaysia Under the

Authority Of The Revision Of Laws Act 1968 In Collaboration with Percetakan Nasional

Malaysia Bhd, 2006. Accessed February 28, 2018.

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20155.pdf. 101 United Nations Office on Drugs and Crime. "The smuggling of migrants as a migration

phenomenon." Toolkit to Combat Smuggling of Migrants - Understanding the smuggling of

migrants, 2010, 25. https://www.unodc.org/documents/human-trafficking/SOM_Toolkit_E-

book_english_Combined.pdf. 102 "An Overview of Indonesian Migration to Selected Countries in Asia and the Middle

East." International Labour for Migration, 2010, 20.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf.

56

Indonesian illegal migrant workers seemingly shown a possibility of this

conduct may happen. Illegal Indonesian workers also pay fees to agents that

will facilitate their placement and travel to destination countries,

Malaysia.103 The cost of this conduct may reach billion rupiah, but all

depends on the type of work and location. For example, to cross Malaysian

border, which of course needed a transportation, etc. In another case, the

restrictive immigration laws to the tightening of policies and border control

enforcement arguably affected the services yet does not really reduce the

illegal migration.104 There will be an increase in the prices itself that charged

for their services, for the example, sophisticated operations namely “visa

smuggling” which can eventually be employed to bypass border controls.

In other word, the assumption of illegal migrant the service of

smugglers, to which extent illegal migration to Malaysia is facilitated by

smugglers – has been occurred for many times and as old as the movement

of humankind itself. Eventually the correlation between smugglers and

illegal migration is trends amongst and each role of people smuggling is

definitely can be distinguished. Accordingly, there are 3 types of services

offered by people smuggling to illegal migrant.105 Such types are considered

as (a) individual smuggling with a high degree of self-responsibility,

accordingly, individual travel independently mostly of their journey, which

they are using smugglers only for certain stages, such as assisting to cross a

border.106 Then, (b) visa smuggling as a pure service. In the second type it

is more involved things about the procurement of visa documents such as

103 "An Overview of Indonesian Migration to Selected Countries in Asia and the Middle

East." International Labour for Migration, 2010, 20.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf. 104 United Nations Office on Drugs and Crime. " Borders and border control measures." Toolkit to

Combat Smuggling of Migrants - Understanding the smuggling of migrants, 2010, 25.

https://www.unodc.org/documents/human-trafficking/SOM_Toolkit_E-

book_english_Combined.pdf. 105 "The People Smugglers’ Business Model – Parliament of Australia." Home – Parliament of

Australia. Accessed March 7, 2018.

https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pu

bs/rp/rp1213/13rp02. 106 Ibid.

57

providing illegal visas or particular-related documents then travel to the

destination country by themselves, and upon arrival in the destination

country, these illegal migrants directly mingle with the local community -

remain unlawfully based on their status. The second type of smuggling is

used by people who are illegally for the purpose of work, and it occurs in

Indonesian illegal workers movement. Lastly, (c) pre-organised, stage-to-

stage smuggling. illegal migrations accompanied by smugglers even for

almost their entire journey.

To be precise, the process of smuggling migrants may involve a

number of actors in which have a range of roles.107 Small-scale smugglers

of migrant generally manage all aspects of smuggling operations themselves

rather than hiring other actors in the process. In contrast, in the larger

network of smugglers, there is a clear division of work among the actors

involved. However, individuals who are heads of smuggling networks can

certainly be the most difficult actors to recognize and even put on trial. If

their activities are stopped, the smuggling of migrant continue. Following

are the roles played by actors involved.

- Coordinators/Organizers

Role

The coordinator or organizers considered as a person who responsible to the

smuggling operation.108 It can be described as the manager of a company.

Such individual has a duty to direct, employ or arrange the subcontract of

other individuals, and assign smugglers to be participated in an operation.

They oversee the whole steps and process, for instances selecting the route

and mode or modes of transport to be used, until the arrangement of

107 United Nations Office on Drugs and Crime. " Overview of actors and their role in the

smuggling of migrants." Toolkit 2 to Combat Smuggling of Migrants - Actors and processes in the

smuggling of migrants, 2010, 3. https://www.unodc.org/documents/human-

trafficking/SOM_Toolkit_E-book_english_Combined.pdf. 108 Ibid 3

58

accommodation. And according to the United Nations Office on Drugs and

Crime that

“a full smuggling operation might be organized by one

coordinator/organizer or by several acting in collaboration to make

the necessary arrangements. It is usually difficult to gather sufficient

evidence against coordinators/organizers. They often have

“employees” who have a more practical role in the operation and

who report to the coordinator/organizer as necessary.109

- Recruiters and Transporters/Guides

Role

Recruiters play a role in advertising their "service" and establish contacts

between smugglers and potential migrants (illegal) who are looking for

ways to migrate.110 Here they (the recruiters) often attract or attract these

people into illegal migration by deliberately misrepresenting the process and

conditions of migration in prospective destination countries. They prey on

vulnerable people and exploit their vulnerability. And this illegal candidate

pays a predetermined fee, directly to the recruiter. Recruiters collect initial

fees to smuggled migrants for transportation and may also use services from

people who do not directly recruit migrant for smuggling but who provide

information about where such persons can be found. In fact, in many cases,

the recruiters are the resident in the country origin or transit.

Meanwhile, the transporter has role to carry out the practical part of the

operation of the smuggling.111 It is done by guiding and accompanying

migrants’ routes to any country and across border. The smuggled migrant,

therefore, may be handed over to another transporter or guide at different

stages of the journey. Different stages here are meant the stop routes that

109 United Nations Office on Drugs and Crime. " Borders and border control measures." Toolkit to

Combat Smuggling of Migrants - Understanding the smuggling of migrants, 2010, 25.

https://www.unodc.org/documents/human-trafficking/SOM_Toolkit_E-

book_english_Combined.pdf 110 Ibid, 4 111 Ibid., 3

59

they have to go through regions. Other cases, for example, transporters or

guides are people who come from regions that have good knowledges of

around regions. When intercepted while trafficking a group of migrants,

they often try to break away as one migrant. However, their loss is said to

have no major effect in smuggling operations. However, they also play such

an important role of determining whether migrants are successful in

crossing borders and being in a safe position from state authority.

Admittedly, the role of these transporters has had a major impact on the

image of smuggling networks as a whole.

- Spotters, Drivers, Messengers and Enforces

Role

Last but not least, there are spotters, drivers, messengers and enforces.

According to the UNODC, they have role to perform and jobs that definitely

important within the part of the smuggling process.112 For instances, spotters

are people who have the responsibility to provide specific info particular-

related with by police, the border guards or army personnel. Surely, spotter

could be described as watchdog of the authorities. Thus, spotters also often

travel ahead of any kind of vehicle bringing the smuggled migrants while

do communication by mobile phone to inform of possible checks.

Meanwhile, the enforcers have act as safeguarding such operations, just like

the spotters, the enforcers also play an important role as well. If it is possibly

used threats to the smuggled migrants in order to smooth the operations if

the migrants itself are making noises or moving too much during the

operation.

112 United Nations Office on Drugs and Crime. " Borders and border control measures." Toolkit to

Combat Smuggling of Migrants - Understanding the smuggling of migrants, 2010, 26.

https://www.unodc.org/documents/human-trafficking/SOM_Toolkit_E-

book_english_Combined.pdf

60

IV.6 Discover the Indonesian Illegal Migrants “Invisible” Route to

Malaysia

Malaysia is indeed a work haven for Indonesian migrant workers:

close proximity, visa-free convenience, and abundant employment are the

main attraction.113 Unfortunately, not a few has work through unofficial

channels or illegal. In fact, the smuggling issue has become a concern for

authorities in both countries, Indonesia and Malaysia, especially given

incidents of boats carrying workers capsizing in rough sea conditions. The

smuggling is found to use a regular passenger boat, fishing trawlers or

containers on boats to transport the migrant to the destination country. In

fact, speaking of routes, there are certain invisible illegal routes that are used

by the smuggling. Sumatra and North Borneo are two examples.114

Sumatera and North Kalimantan

Especially in 2011, Batam is still the main path of prospective

Indonesian illegal migrant workers to neighbouring countries, in addition

throughout Karimun and Tanjung Pinang. It is estimated that in 2011 there

are many illegal migrant workers entering neighbouring countries through

Batam. In fact, BNP2TKI estimates that the trend will continue to increase

following the moratorium on the delivery of migrant workers to five

countries, namely Malaysia, Jordan, Kuwait, Syria and Yemen.115 In fact,

Batam considered as the island closest to the outermost point of Malaysia

who want to go Malaysia via sea, on the other hand, it only takes 30 minutes

from Batam to Malaysia by boat. However, it also said, that almost the entire

length of Batam’s coastline is used as “escape routes”. From the island of

Batam, there are seven points favoured by the Smuggling to smuggle the

113 International Organization for Migration. Labour Migration from Indonesia: An Overview of

Indonesian Migration to Selected Destinations in Asia and the Middle East, 2010.

https://www.iom.int/jahia/webdav/shared/shared/mainsite/published_docs/Final-LM-Report-

English.pdf. 114 Menon, Praveen. "Malaysia, Indonesia to let 'boat people' come ashore temporarily." The

Reuters, May 20, 2015, https://www.reuters.com/article/uk-asia-migrants-indonesia/malaysia-

indonesia-to-let-boat-people-come-ashore-temporarily-idUKKBN0O501920150520. 115 BNP2TKI. Data Penempatan dan Perlindungan TKI. Indonesia: Humas BNP2TKI, n.d.

http://www.bnp2tki.go.id/stat_penempatan/indeks.

61

illegal migrant such as Teluk Mata Ikan, Pulau Berakit, Tanjung Bemban,

Tanjung Uma, Tanjung Riau, Sekupang Ujung and Kampung Tua Patam

Lestari to the outer point of Malaysia such as Pengerang, Sungai Rengit,

Kota Tinggi, Ulu Tiram. 117

Nunukan

Nunukan has become a most favored entry point used by the illegal

migrant to Malaysia.118 There are growing possibility on how illegal migrant

entered the Malaysia by crossing Nunukan known as a regency in the

Indonesian province of North Kalimantan on the Indonesia-Malaysia

border.119 From the Nunukan, basically, migrants who intended to enter

Sabah - a region of Malaysia - have two options: either they enter by of one

officially-sanctioned channel, or they conduct consult network of informal

migration brokers or unofficial agent or another family members who will

assist their entrance by way of illicit cross-border channels. However, in

another case, after departing from Nunukan, the migrant will disembark at

Tunon Taka port. In another case, some migrant will be seeking available

documented employment in Tawau as one of the largest town in Sabah of

Malaysia bordered by Sulu Sea to the east and Celebes Sea to the south at

Cowie Bay. If there is an opportunity to be employed in Tawau, the migrants

will arrange relevant contractual documents which will enable them to work

in Sabah. Firstly, the Indonesian migrant reached the Nunukan, thus, they

will disembark at Tunon Taka Port to reach the Sabah by using ferries. The

ferries fares are variant, for instances, it costs IDR 200.000 exclude IDR.

117 Malaysiakini (Malaysia). "Batam - Island Paradise and Haven for Migrant Worker Brokers."

March 24, 2017. Accessed February 13, 2018. https://www.malaysiakini.com/news/376849. 118 Kassim, Azizah, and Ragayah H. Mat Zin. Policy on Irregular Migrants in Malaysia: An

Analysis of its Implementation and Effectivenes. Philippine Institute for Development Studies,

2011. https://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf. 119 ISEAS (Yusof Ishak Institute), and Ndrew M. Carruthers. "Clandestine Movement in the

Indonesia-Malaysia Migration Corridor: Roots, Routes, and Realities." , no. 58 (July/August

2017), 4. Accessed March 11, 2018.

https://www.iseas.edu.sg/images/pdf/ISEAS_Perspective_2017_58.pdf.

62

15,000 port tax and continually to cross the international maritime border

and Wallace Bay.120

Before further enter the Malaysia’s Coastline, ferries are consistently

stopped by Malaysian Marine Police in order to inspect the passenger and

their travel documents. After that, the ferries will dock at Tawau’s new port

terminal whereby the Indonesian migrant will pass the immigration

processing. For some migrants, they will use this “official” route because

they have the documents completed rather than availing themselves of using

a multitude of clandestine channel that practically cut across the Indonesian-

Malaysia Border. In clandestine case, it will start when the migrants have

disembarked from Thalia and Bukit Siguntang ferries at Tunon Take Port.121

They will be using a small jetty like speedboats, which costs them less than

IDR 50.000 to Bambangan on adjacent Sebatik known as an island for the

Indonesia-Malaysia border. Further, they will travel to Aji Kuning – a town

that straddling the border and they will freely walk into Malaysia. It does

not stop there, right on the Malaysian side, there will be using boats which

bring them to Tawau, along Sebatik’s rivers and the bay that adjacent

directly to Tawau. What is interesting here that the speedboat captains aware

of maritime police checking, so she/he initiatives to deposit the passengers

somewhere along Tawau’s coastline, in fact, sometimes, the Indonesian

illegal migrant bustled in areas such as Tawau’s old immigration terminal.

However, illegal migrants with relative contacts or knowledge of these

routes my only pay around RM.50 (around IDR. 209.000).122 It is cheaper

for them which considered as the experienced migrants and to be said

potentially faster than the official routes. In other circumstances, these

illegal workers may request the services of brokers or migratory

120 ISEAS (Yusof Ishak Institute), and Ndrew M. Carruthers. "Clandestine Movement in the

Indonesia-Malaysia Migration Corridor: Roots, Routes, and Realities." , no. 58 (July/August

2017), 4. Accessed March 11, 2018.

https://www.iseas.edu.sg/images/pdf/ISEAS_Perspective_2017_58.pdf. 121Ibid 15

63

intermediaries who "smuggle" them across the border, paying - as much as

RM2000 for their travel.

Figure 5 The Ferry Passenger is Inspecting Regularly by the

Malaysia’s Marine Police nearly Tawau

Source: Researchers at ISEAS – Yusof Ishak Institute

Source: Researchers at ISEAS – Yusof Ishak

Institute

Figure 6 Official and Clandestine Roads to Taw

64

IV.7 Legislative Framework and Policy Measurement

The entry of illegal foreign workers in Malaysia has been a long

feature, in fact, it has been more than a decade since the early 1970s. Thus,

significance number of illegal migrant worker has urged the government to

formulate and implement immigration policy. The policy, however, began

as a security initiative, which manage the expansion of illegal

immigrants/workers in Malaysia which also as policy that deal with the

particular-related act of illegal migration.123 It is known as the Malaysian

Immigration Act 1959/63. Under this, illegal migration will be arrested in a

detention center which currently known as Ministry of Home Affairs Depot

(MOHA Depot) or Depot Kementerian Dalam Negeri. Thus, someone

considered as illegal migration will be charged in court for violating

immigration law, sentenced and deported after serving the sentence since

they have no right instead of having no recourse to justice. Under the

Immigration Act 1959/63 Part VII, which is an act related to illegal

migration provides the meaning of “prohibited immigration” (see appendix

2), and the Malaysian authorities have power to arrest person to be removed

from Malaysia, which under the Malaysian Immigration Act Part V (see

appendix 3).124

However, the Malaysian government were initiated in a way of the

illegal migrant in Malaysia were allowed to escape of being charged,

sentenced, and deported through the regularisation program in which illegal

migrant can work legally where it was carried out periodically 1985

following the signing of the Medan agreement with Indonesia in 1984 and

between 1987 and 1989.125 Also, amnesty exercise in which illegal migrant

123 Kassim, Azizah, and Ragayah H. Mat Zin. "Policy on Irregular Migrants in Malaysia." Policy

on Irregular Migrants in Malaysia: An Analysis of its Implementation and Effectiveness, 2011, 19.

https://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf. 124 Laws of Malaysia. Malaysia: The Commissioner of Law Revision, Malaysia Under the

Authority of The Revision Of Laws Act 1968 In Collaboration With Percetakan Nasional

Malaysia Bhd, 2006. Accessed February 28, 2018.

http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20155.pdf. 125 Kassim, Azizah, and Ragayah H. Mat Zin. "Policy on Irregular Migrants in Malaysia." Policy

on Irregular Migrants in Malaysia: An Analysis of its Implementation and Effectiveness, 2011, 19.

https://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf.

65

can returned to their home country freely without the fears of being

prosecuted. The Amnesty exercises or Program Pengampunan were

conducted periodically in 1996-1998, 2002 and 2004-2005 at the state and

national levels. Under the program, illegal immigrant was given specific

periods to leave or exit the country (Malaysia) without being charged for

violating the Malaysian border or sovereignty. As a result, number of illegal

migrant in Malaysia were leaving from Malaysia to their home country.

Other measures were taken by the Malaysian government to curb the

illegal migrant, which shows that Malaysian government would not neglect

to protect their country from the influx of illegal migrant. The Malaysian

government conducted 2 security operations in which has different

objectives. First, the security operations what so called Ops Nyah 1 focused

on border control operations. Relatedly, Indonesian illegal migrant workers

more oftenly used the rat trails to reach Malaysia, thus, to prevent further

entry or clandestine of illegal migrant eventually Malaysia government

established formed this operation. This operation involved patrolling of land

border by the army and the General Operation Force (GOF), furthermore,

the GOF was relieved of its border surveillance duties in 2010, and the

authority of the sea border by the Marine Operation Force (MOF) as well as

the Malaysian Maritime Enforcement Agency (MMEA). Secondly, the Ops

Nyah 2 in order to root out illegal migrants in Malaysia who refuse or fail

to participate in the regularisation and amnesty exercises.126 It was a

continuously action after knowing the enthusiastic of legal migrant to

participate in the previous efforts is less. The lead agency of this program

namely the Division for Enforcement in the Immigration Department with

the help of other agencies such as the National Police, National Registration

Department (NRD) and urban enforcement authorities. Since then, there

126 Low, Choo Chin. "A strategy of attrition through enforcement: the unmaking of irregular

migration in Malaysia." Journal of Current Southeast Asian Affairs, no. 2 (2017).

https://www.ssoar.info/ssoar/bitstream/handle/document/54817/ssoar-jcsaa-2017-2-low-

A_strategy_of_attrition_through.pdf?sequence=1.

66

were thousands of small scale operations targeted annually at groups of

illegal migrants.127

Moreover, the government did two times emendations of

immigration act. In 1998 to introduce a penalty for violating immigration

law that is canning, on the other hand, to increase the fines and jail sentences

for migrant who did not aware the law.128 However, in 2002, the

immigration act of Malaysia was amended to introduce sanctions against

transporting Illegal Migration, employing and harbouring them as well as

forging official documents. As stated in the report based on the meeting

conducted in Geneva 23-26 July 2005 “With the rapid increase in migration

into the country and the increase in irregular migration, the government

saw the need to control the influx of undocumented migrants. The

Immigration Act 1959/63 was amended and came into effect in August

2002.”129

The second emendation reflected to impose sanctions on trafficking,

storage, use of illegal immigrants and falsification of official documents. It

introduced the whipping punishment for the unlawfully entry of illegal

immigration.130 While, on the other hand, it focuses to any particular-related

actors and acts of illegal movement such as the smuggler that either provides

transportation or forging official documents as well as the employer that

employed illegal foreign worker. As you can see, the Malaysian government

not only focus of who is practicing illegal migrants but also the actors that

involved within this movement. Without the assistance with them, the

127 Sultana, Nayeem. The Bangladeshi Diaspora in Malaysia: Organizational Structure, Survival

Strategies and Networks. LIT Verlag Münster2008.

https://books.google.co.id/books?id=65aSWwEiDu4C&pg=PA32&lpg=PA32&dq=Ops+Nyah+2+

Malaysia&source=bl&ots=f9wg1eo8Zp&sig=YNzcf2tMsgN-

UHS0DF2syKV12tQ&hl=en&sa=X&ved=0ahUKEwiUw5XumPbZAhUBLI8KHZ-

SBUA4ChDoAQgoMAA#v=onepage&q=Ops%20Nyah%202%20Malaysia&f=false. 128 New Straits Times Team. "Amendments to Sedition Act passed with several changes." 2015.

Accessed March 7, 2018. https://www.nst.com.my/news/2015/09/amendments-sedition-act-

passed-several-changes. 129 Santhiago, Anni. Human Smuggling, Migration and Human Rights: A Malaysian Perspective.

Geneva: The International Council on Human Rights Policy, 2005.

http://www.ichrp.org/files/papers/140/122_Santhiago.pdf 130 Ibid., 7

67

movement of illegal migrant is impossible to occur. In fact, the immigrations

1959/63 to be said especially refers to employer sanction. And according to

this act, employing any illegal migrants has been considered as a criminal

offence. For instances, under section 55B of immigration act 1959/63, those

who found guilty of employing or harbouring illegals are meant to be subject

to a jail term with maximum length is 12 months, and fine of between MYR

10,000 and MYR 50,000 per employee, or both.

Continually, the government of Malaysia subsequently facilitated

quick disposal of cases involving illegal migrant workers eventually

introduced the special courts in the late of 2005 in order to deal with illegal

migrant workers called Mahkamah PATI located at the MOHA depot or in

its vicinity.131 The establishment of a special court, the Mahkamah PATI

(Special Court for Illegal Immigrants) was realized in the late of 2005. As

the name implies, this court is given the special task of dealing with illegal

migrant cases occurring in Malaysia. Courts within or near the detention

center began operations in early 2006. The trial specifically addresses the

immediate release of illegal cases and early deportations.132 With the

increase in the number of illegal migrants, who are said to be remembering

in numbers give their own problems to the density of the population in many

depots. In addition, with the large number of arrests has made the

Immigration Department's administrative and financial capacity growing. In

other words, there have been many administrative and financial costs

incurred by the Immigration Department for this illegal migrant case. A few

years later, in 2010, a special department was created, namely the

Department of Interior Depot Department or the Deputy of KDN for short

(Depdagri Depot) to take care of the depot problem.133 To improve their

131 Kassim, Azizah. "Recent Trends in Transnational Population Inflows into Malaysia: Policy,

Issues and Challenges." Malaysian Journal of Economic Studies 51, no. 1 (2014), 17. 132 Ibid 133 "Enforcement." Portal Rasmi Jabatan Imigresen Malaysia. Accessed March 15, 2018.

http://www.imi.gov.my/index.php/en/main-services/enforcement/overstayed.html.

68

capacity and basic facilities in the depot through a massive renovation, but

also to build more buildings in the future.134

134 "Enforcement." Portal Rasmi Jabatan Imigresen Malaysia. Accessed March 15, 2018.

http://www.imi.gov.my/index.php/en/main-services/enforcement/overstayed.html.

Source: Khmertimeskh News

Figure 7 Malaysian Immigration Depot at Pulau Pinang

Figure 8 Immigration Depot of Malaysia at Bukit Jalil

Source: Immigration Department of Malaysia

69

As illegal migrant found to be connected to the smuggler and

sometimes vulnerable to themselves, the government initiated to form the

Anti-trafficking in Persons and Smuggling of Migrants Act 2007

(ATIPSOM). It officially institutionalized the ATIPSOM 2007 to strategize

in combating the criminal such people smuggling and human trafficking,

which relatable to foreign workers.135 Malaysian government wanted to free

the country of illegal activities that surely in connection with smuggling of

migrants as stated. As the official state government opined that people

smuggling now took place in Malaysia that directly connected to the

movement of illegal migrant, so in order to smaller the possibility of

transnational especially to the case of people smuggling and human

trafficking, this is a huge step for Malaysia as it will cover all cases related

with illegal migrant, people smuggling and human trafficking.136

135 Rahim, Rohani, and Muhammad Afiq. "Combating Smuggling in Persons: A Malaysia

Experience." 2015. Accessed March 14, 2018. https://www.shs-

conferences.org/articles/shsconf/pdf/2015/05/shsconf_icolass2014_01004.pdf.

70

CHAPTER V

ANALYSIS OF THE EFFORTS OF MALAYSIAN

GOVERNMENT TO MANAGE THE PRESENCE OF

INDONESIAN ILLEGAL MIGRANT WORKERS

V.1 Illegal Migration and Security

a. Analysis on Transnational Organized Crime in the Movement of Illegal

Migrant Workers from Indonesia

Since the world has become economically, socially, and culturally

integrated as the result of globalization that led to the changes in aspects of

human life, both at the individual, group level, and national level, in the field

of state defense eventually affect the pattern and form of threats.137 Threats

against sovereignty of the state that was originally conventional, further

developed into multidimensional (physical and nonphysical), whether

originating from abroad or from within the country.138 The threat of non-

traditional security is posed by political dynamics in a number of countries

and the widening global economic gap has led to crippling conditions that are

slowly evolving and spreading beyond state boundaries as now it is believed

the emergence of non-state actors that possess threat to national security in a

country, such as states by the International Journal of Development and

Conflict “In the 21st century, the rise of non-state actors, impact of intra-

state conflicts, degeneration of the environment, sweeping demographic

changes and the rapidly burgeoning cyber-warfare arena have replaced

137 Ramasamy, P. "Globalization and Transnational Migration: The Malaysian State’s Response to

Voluntary and Forced Migration." Asian and Pacific Migration Journal 15, no. 1 (2006). Accessed

December 11, 2017. http://journals.sagepub.com/doi/pdf/10.1177/011719680601500107. 138 Global Future Forum. "Strategic Foresight and Warning Seminar Series." In Emerging Threats

in the 21st Century. 2006.

https://www.files.ethz.ch/isn/28419/EmergingThreatsInThe21stCentury.pdf.

71

inter-state wars as the main threats to a nation’s security in the 21st

century.”139

The non-traditional security threats are closely related to the issues

which involving transnational organized crime movement such as people

smuggling, terrorism, international migration, money laundry, etc.140 In fact,

there is an increase sense of insecurity of destination country relating to illegal

migration.141 The perception of migration as a challenge to national security

has definitely heightened in current years especially in response to the

significance rise in the number of illegal migrants.142 Since illegal migration

in Malaysia is in a larger scale which eventually the number is intolerable, at

the same time, the period of occurrence is slightly every years, there is certain

concern which is inseparable regardless. Illegal migration in the form of

illegal worker considered as security is because of the movement itself has

been organized yet has close relations with people smuggling. In fact, illegal

migrant is always connected to people smuggling in any way of the

movement, which has a crucial role. As people smuggling dawned concern to

the government as an act related to the Transnational Organized Crime, thus,

one-point worth noting is the government and state official could not

determine the profile of people whose role as smuggling or even as illegal

migrant since the movement are underground as what UNODC stated “it is

difficult to draw up generalized profiles of smuggled migrants, since the

139 Srikanth, Divya. "Non-Traditional Security Threats in the 21st Century: A

Review." International Journal of Development and Conflict 4 (2014). Accessed March 23, 2018.

http://www.ijdc.org.in/uploads/1/7/5/7/17570463/2014junearticle4.pdf. 140 Buzan, Barry G. "New Patterns of Global Security in the Twenty-First Century", 432-433.

International Affairs (Royal Institute of International Affairs), 1991. 141 Koser, Khalid. "Legal migration, state security and human security." A paper prepared for the

Policy Analysis and Research Programme of the Global Commission on International Migration,

September 2005.

https://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/policy_and_research/gc

im/tp/TP5.pdf. 142 Koser, Khalid. "When is Migration a Security Issue?" Brookings. Last modified July 28, 2016.

https://www.brookings.edu/opinions/when-is-migration-a-security-issue/.

72

information currently available is too scattered and too incomplete and

global trends in migration are constantly changing.”143

To begin with, it is important to understand what Transnational

Organized Crime actually means. According to James Laki, Transnational

Organized Crime is a form of crime involving the activity of border crossing

of a country with aim to seek profit and also gives impact other countries.144

It implies criminal acts conducted by group of people consists of two or more

people in which the act highly recognized illicit and intentionally to gain

material benefit.145 Since it is a cross-border crime, automatically, it has

already violated country's boundaries, which eventually become a threat to

global security and national security.

And as mentioned above, one of transnational organized crime form

which relatable with the case of Indonesian illegal migration is the

involvement of smuggling. The author took the definition by the United

Nations Convention against Transnational Organized Crime which written in

the Protocol against the Smuggling of Migrants by Land, Sea and Air, article

3 (a) “the smuggling of migrants as the procurement, in order to obtain,

directly or indirectly, a financial or other material benefit, of the illegal entry

of a person into a State Party of which the person is not a national or a

permanent resident”. Following is the conduct associated to smuggling of

migrants in accordance to UN:

143 United Nations Office on Drugs and Crime. "Profiles of Smuggled Migrants." Actors and

processes in the smuggling of migrants, 2010, 7. https://www.unodc.org/documents/human-

trafficking/Toolkit_Smuggling_of_Migrants/10-50812_Tool2_eBook.pdf. 144 Laki, James, and Institute of Defence and Strategic Studies Workpaper. “Non-traditional

Security Issues: Securitisation of Transnational Crime in Asia”, no. 98 (2006), 1. 145 United Nations Office on Drugs and Crime. "Smuggling as a security threat (organized

crime)." Smuggling of Migrants (n.d.), 9. https://www.unodc.org/documents/human-

trafficking/Migrant-Smuggling/Smuggling_of_Migrants_A_Global_Review.pdf.

73

Source: UNODC

Figure 9 The Conduct of Smuggling of Migrants related to Organized Crime

The smuggling of migrant involves many forms of how it planned and

organized in advance. By using the sophisticated methods as well as the

advances of technology, they absolutely can create a falsified travel document

in the form of passport, visa, identity card and work permit as well. But also,

in a simple process of the movement of illegal migrants, a migrant paid a

smuggler to crossing-border him or her to a country that has been targeted to

enter.146 There is measurement which characterized to what extend migrants

are not covered the criminalisation conduct of smuggling of migrants in

which a person is cannot be charged of being smuggled by migrant such as in

the case of refugee, and asylum seeker.147

In the case of Indonesian illegal migrant workers, it oftenly reported

that the illegal migrant workers of Indonesia using agents in order to cross

border of the Malaysia from Indonesia that “Agents operating along the

Straits of Malacca between Malaysia and Indonesia use passenger boats and

fishing trawlers to transport migrants illegally from twelve exit points located

in the Indonesian islands of Sumatra, Batam, and etc”.148 Indonesian illegal

146 United Nations Office on Drugs and Crime. "What is the smuggling of migrants and related

conduct?" Toolkit to Combat Smuggling of Migrants - Understanding the smuggling of migrants,

2010, 27. https://www.unodc.org/documents/human-trafficking/SOM_Toolkit_E-

book_english_Combined.pdf. 147 Ibid. 148 Santhiago, Anni. Human Smuggling, Migration and Human Rights: A Malaysian Perspective.

Geneva: The International Council on Human Rights Policy, 2005. Accessed February 12, 2018.

http://www.ichrp.org/files/papers/140/122_Santhiago.pdf.

74

migrant workers to Malaysia is facilitated even promoted by the activities of

networks of migrant smugglers, whereby, the Indonesian illegal migrant who

seek to be employed in Malaysia also consequently paid the brokers itself.149

The fees paid by them in fact are vary, depends on the routes of departure. As

mentioned in the chapter 4, illegal migrant workers paid a hundred thousand

rupiah to be transported to Malaysia from specific point. For instances,

Indonesian migrants from Batam Island pay approximately 344,273 IDR (or

US$25), however, these fees differed from the West Nusa Tenggara Province

and considered way higher, approximately around 2,754,257 IDR (or

US$200).150 But, the most interesting fact that these fees arguably cheaper

than the official agents.151 It underlined the fact that since the cost offered by

the smuggler considerably cheaper eventually attract migrant workers, in

which they pretty much chose to be smuggled rather than used the official

channel or agents. It might also be the reason why the phenomenon of illegal

migrant in Malaysia dramatically never come to an end - that is because the

presence of the smuggling is uncountable. 152

Further, some may argue that Indonesian illegal migrant workers are a

wide range of ancillary illegal activities opined to be connected to the

smuggling as document fraud, cross-border activity by using clandestine

route to Malaysia, and however - being smuggled to avoid security check and

immigration department. It might be related to the movement of organized

crime and to some illicit actors that is crucial in supporting illegal migrations

149 Wee, Kellynn. "Research Brief Migrant Worker Recruitment Costs." Transient Workers Count

Too, June 2016, 15. http://twc2.org.sg/wp-content/uploads/2017/04/Indonesia-Recruitment-

Fees.pdf. 150 ISEAS (Yusof Ishak Institute), and Ndrew M. Carruthers. "Clandestine Movement in the

Indonesia-Malaysia Migration Corridor: Roots, Routes, and Realities." no. 58 (July/August 2017),

4. Accessed March 11, 2018.

https://www.iseas.edu.sg/images/pdf/ISEAS_Perspective_2017_58.pdf. 151 "Smuggling of Migrants in South-East Asia." Online Burma Library. Accessed

March 16, 2018. http://www.burmalibrary.org/docs21/UNODC-2015-04-

Migrant_Smuggling_in_Asia-SEAsia_section.pdf. 152 BNP2TKI. Menjadi TKI Ilegal Dianggap Lebih Menguntungkan, Begini Jawaban Kepala

BP3TKI Makasar. Indonesia: Humas BNP2TKI, 2017.

http://www.bnp2tki.go.id/read/12901/Menjadi-TKI-Ilegal-Dianggap-Lebih-Menguntungkan-

Begini-Jawaban-Kepala-BP3TKI-Makasar.html.

75

movement of how it eventually occurs.153 As stated by United Nations on

Drugs and Crime in the country report

“along the journey from Indonesia to Malaysia, migrants are

sometimes furnished with fraudulent identity documents by their

smugglers. In some cases, smugglers have connections to immigration

officials or other sources from which they obtain genuine documents by

using illegal means.”154

It shows evidence that the smugglers have such important role in

assisting or facilitating the illegal migrant workers from Indonesia to

Malaysia, considered, the Indonesian illegal migrant workers apparently used

smuggling which considered as an act that relates to transnational organized

crime. This phenomenon fits to the particular-related conduct of a smuggler

as appears in the figure 9 above. In the side of Indonesia, state official also

assumed that it has been a concern along with the presence of smuggling that

further attracted migrant as an irregular/illegal.155 As a matter of fact, people

smuggling is considered as a growing global crime that exposes thousands of

migrants.

Given such perception, it shall be considered as a threat to the national

security of Malaysia. Security shall mean the absence of threat to the state.

Thus, national security can be very rewarding defined as the ability of a nation

to protect its internal values from outside threats.156 That being said, security

means to protect, secure and prevent external (or internal) threats to the state

and its values. National security, as a matter of fact, has been interpreted by

the state as something that has been constructed including incorporating the

concept of political and economic 'interests'. To be precise, the author took

153 Koser, Khalid. "When is Migration a Security Issue?" Brookings. Last modified July 28, 2016.

https://www.brookings.edu/opinions/when-is-migration-a-security-issue/. 154 Ibid 155 International Organization for Migration (Indonesia). Indonesia: A Regional Leader in

Managing Irregular Migration, September 2015. https://indonesia.iom.int/indonesia-regional-

leader-managing-irregular-migration. 156 Berkowitz, Morton, and P. G. Bock. American National Security: a Reader in Theory and

Policy, Ed. New York: Free Press, n.d. Reading.

https://books.google.co.id/books/about/American_national_security.html?id=MbodAAAAMAAJ

&redir_esc=y.

76

the definition by Wolfers. He introduced a provisional definition in relation

between security and interests, accordingly security has the importance of not

only protection from "previously achieved values" but also the interests of the

future and valuable results that will be enjoyed in the future.157 National

Security not only emphasizes the prevention of losses, but also the prevention

of future threat that may attack the national value of the state. Therefore, the

strategic policy of the use of defense system of the state is directed to face the

threat of disturbance to national security.

Thus, in line with this, Malaysia perceived Indonesian illegal migrant

is a threat within the involvement of smuggling conducts. Malaysia’s

principal objective of the National Defence Policy is placed to the protection

and defence of Malaysia’s interest and territories from any domestic and

external threat as well.158 Malaysia with its defense system is basically

intended to create secure conditions for national interests and sovereignty,

concerning territories population, natural resources and others that might

come with any form of threat, included the movement and activity of illegal,

such as stated by the ministry of Malaysia that

“Traditional security issues remain the principal threats to

Malaysia’s sovereignty. However, non-military or asymmetric

threats have become major concerns and have the ability to

challenge government authority and the potential to undermine

regional security and stability”159

As a matter of fact, firstly, illegal migration absolutely violated the

Immigration act by the Malaysia which also opined to be national challenges

for them. Secondly, people smuggling also notably as security threat, thus, it

157 Wolfers, Arnold. "National Security as an Ambiguous Symbol." Political Science Quarterly,

no. 4 (December 1952). http://files.janjires.webnode.cz/200000014-

3cb1e3daba/Arnold%20Wolfers%20-

%20National%20Security%20as%20an%20Ambiguous%20Symbol.pdf. 158 Ministry of Defense of Malaysia. "National Interests." Malaysia’s National Defence

Policy (n.d.), 3. http://www.mod.gov.my/images/mindef/lain-lain/ndp.pdf. 159 Ibid, 9

77

violates the Anti-Trafficking in Persons and Anti-Migrant Smuggling Act,

which offences related to ‘migrant smuggling’, defines as

“Arranging, facilitating or organizing, directly or indirectly, a

person's unlawful entry into or through, or unlawful exit from, any

country of which the person is not a citizen or permanent resident

either knowing or having reason to believe that the person's entry or

exit is unlawful”160

Thus, in Malaysia, people smuggling is treated no differently with other

forms illegal entrants, in fact, they are not immune from the prosecution for

illegal entry, stay, as well as procurement of fraudulent travel or identity

documents, counted those involved in smuggling.161 Just like illegal migrant

worker, people smuggling is another phenomenon that grief worry the

government of Malaysia.

b. Analysis on the Issues of Illegal Migrant Workers of Indonesia in

Malaysia

International migration phenomenon has been a long feature of non-

traditional security issue especially after the end of Cold War in which many

finding in the academic literature has linked it to the emergence threats, or

perceived threat that involved non-state actors.162 The consequences is quite

range in regards of global and international issues, particularly refer to those

that actually operated out of the state control or those that were not regulated

within states, such as influx of illegal migration and terrorism, which

suspected to connect to other crimes. In fact, it is believed, many has

increased the migration control. Since, the emergence of transnational

organized crime in the form of people smuggling will always considerable

160 Parliament of Malaysia. Anti-Trafficking in Persons Act 2007. Laws of Malaysia. Kuala

Lumpur: Percetakan Nasional Malaysia Berhad, n.d. 161 Liow, Joseph. "Malaysia’s Approach to Indonesian migrant Labor: Securitization, Politics, or

Catharsis." Non-Traditional Security in Asia: Dilemmas in Securitization (n.d.). 162 International Organization on Migration. "AN OVERVIEW OF INTERNATIONAL

MIGRATION." MANAGING MIGRATION CHALLENGES AND RESPONSES FOR PEOPLE ON

THE MOVE, 2003. https://publications.iom.int/system/files/pdf/wmr_2003_1.pdf.

78

closely to the security of territorial sovereignty that is in fact an interest

always pursued by any state, including Malaysia as well.163

According to Reinhard Lohrmann, the movement of any person across

border could affect security at two levels.164 Firstly, the national security

agendas host countries and transit countries that eventually tends to perceive

international population movement as a threat to their economic well-being,

public order, cultural and religious values, and political stability. Secondly,

the relations among states are challenged because of population movements

tends to create tensions among them related countries, which burden the

bilateral relation, thus, will be impacting further to the regional and

international stability. The problem of illegal migration opined has suits into

the expansion of the security agenda that highlights the vulnerability of the

territorial state of its key principle of territoriality, but also the dimensions of

societal and economic security. And it places more emphasis on the national

security of the states.165 That is because, first, state sovereignty is at stake in

its ability to control borders and secure autonomy. Considered, states have an

absolute sovereign right to control who crosses their border and residing

within their country so this means illegal migrant undermining the states’

control by threaten their sovereign because of their existence that has been

unidentified by the state which refer to the understanding of state has failed

control its border.166 Secondly, mass migration or illegal migration affects the

problem of border control, national identity and national purpose. The author

will be analysing on the case of illegal migration worker in Malaysia as

163 Ministry of Home Affairs of Malaysia. "International Migration and Development – A

Malaysian Perspective." Speech, International Symposium on International Migration and

Development, Turin, Italy, June 28, 2006. 164 Lohrmman, Reinhard. Migrants, Refugees and Insecurity. Current Threats to Peace? 3, no. 4

(March 2000), 3-22. 165 Malešič*, Marjan. "The Securitisation of Migrations in Europe: The Case Of Slovenia.", no. 6

(2017), 951. https://www.fdv.uni-lj.si/docs/default-source/tip/sekuritizacija-migracij-v-evropi-

primer-slovenije.pdf?sfvrsn=0. 166 Koser, Khalid. "Irregular migration, state security and human security." A paper prepared for

the Policy Analysis and Research Programme of the Global Commission on International

Migration, September 2005.

https://www.iom.int/jahia/webdav/site/myjahiasite/shared/shared/mainsite/policy_and_research/gc

im/tp/TP5.pdf.

79

according to the government state official of Malaysia the presence of illegal

migrant worker, especially from Indonesia tends to raise concern in many

aspects related to national security of Malaysia.167

a. Internal Security and Public Health

One of the growing perception towards the notion of migration and

national security is placed in the form of internal stability. 168 Not to mention

the notion of illegal migration as a threat associated with internal security has

been presented since the 1980s.169 The possible relation with international

security is its relations with terrorism, international crime and border

control.170 As well as in Malaysia, this immediately became a matter of

national security matter. In the case of Malaysia, the illegal migrant worker

raised concerned which they tend to involve in criminal activity.171 Hence,

security concern surfaces when a worker committed to crime.172 It is believed

by many that the entry of foreign workers is considered to be concerned about

public security and security, as some migrant workers, particularly illegal

migrants, engage in criminal activity.173 As a matter of fact, according to the

report meeting on Human Right Protection of Smuggled Migrant, foreign

migrant were mainly committed to the crimes such as murder, attempted

murder, robbery armed gang as well as rape in 2004. The cases were up to

3,500 of 156,455 the total cases of crime cases committed then, constitutes

167 Hamidi, Ahmad Z. "Draft Statement." Speech, The Plenary Session of The High-Level Meeting

on Large Movements of Refugees and Migrants, New York, December 19, 2016. 168 Koser, Khalid. "When is Migration a Security Issue?" Brookings. Last modified July 28, 2016.

http://www.brookings.edu/research/opinions/2011/03/31-libya-migration-koser. 169 Kicinger, Anna. "INTERNATIONAL MIGRATION AS A NON-TRADITIONAL SECURITY

THREAT AND THE EU RESPONSES TO THIS PHENOMENON." Central European Forum for

Migration Research, 2004, 1. http://www.cefmr.pan.pl/docs/cefmr_wp_2004-02.pdf. 170 McFarlane, John, Karen McLellan, and Strategic and Defence Studies Centre. "Transnational

Crime: the New Security Paradigm." , no. 294 (1996). Accessed November 15, 2017. 171 Ministry of Home Affairs of Malaysia. "International Migration and Development – A

Malaysian Perspective." Speech, International Symposium on International Migration and

Development, Turin, Italy, June 28, 2006. 172 Basuki, Roberto C., and Priyambodo R. H. "Malaysia will help Indonesia solve illegal migrant

workers issue." Antara News (Malaysia), January 25, 2015. 173 Vijaya Kumari Kanapathy, Senior Analyst Institute of Strategic & International Studies,

“International migration and labour markets in Asia: Economic Recovery, Labour market and

migrant workers in Malaysia”, Country Report Malaysia.

80

around 2.24 percent of the total of cases.174 It is relatively smaller compared

to the crime committed by the locals, instead, it has been viewed with highly

concern as a criminal act committed by foreign migrant who notably a non-

citizen.175

As number of soft crimes committed by foreign migrant worker

appeared, it reported to be vary differed with the number in the serious crime.

It was accounted by the state official, there were 21, 859 serious crime cases

and out of 1654 are the cases committed by the migrant and represented 7.57

percent. However, in the crime related to property, it is recorded the total

number 1846 of 134 96, which represented 1.37 per cent. Most of the crimes

related to property were conducted in Sabah followed by Selangor, Johor, and

Kuala Lumpur, however, foreign migrants’ nationals are to be said included

Indonesia, Philippine and Bangladesh.176

However, back in 2006, according to Abdullah Ahmad Badawi who

was Ministry of Home Affairs period 2003 – 2009 during the Symposium on

International Migration and Development, the number of crimes associated

with migrants has increased significantly. The number was 3113 in 2002 in

which was three-folded higher since 1992.177 And, Indonesian nationals were

by virtue of their presence, opined to be committed the most of crimes “The

number of crimes committed by migrants has increased three-fold from 1,333

in 1992 to 3113 in 2002, giving raise to public concern. Further the statistic

shows that 30 to 40 percent of crimes committed by migrants are related to

crimes of violence.”178As stated above, the involvement of foreign workers

in criminality has raised concern of the public in Malaysia, considered, the

number also could be said has increased. Besides, according to the Royal

174 Dato Othman bin Talib, and Royal Malaysian Police. "Migrant Workers in Malaysia." Lecture,

MTUC/ILO Regional Workshop, Petaling Jaya, April 18, 2005. 175 Ibid 176 Anthiago, Anni. Human Smuggling, Migration and Human Rights: A Malaysian Perspective.

Geneva: THE INTERNATIONAL COUNCIL ON HUMAN RIGHTS POLICY, 2005. Accessed

March 17, 2018. http://www.ichrp.org/files/papers/140/122_Santhiago.pdf. 177 Hamidi, Ahmad Z. "Draft Statement." Speech, The Plenary Session of The High-Level Meeting

on Large Movements of Refugees and Migrants, New York, December 19, 2016. 178 Ibid.

81

Police of Malaysian, the crime involved the foreign workers was particularly

Indonesia. The data obtained from the Royal Police of Malaysian, which

clearly stated that foreign workers from Indonesia contributed much more.

Beside Indonesia, there were Filipinos, and Bangladeshis.

NUMBER OF CRIME COMMITTED BY FOREIGN

WORKERS BY SEVERAL COUNTRIES IN MALAYSIA

Source: The Royal Police of Malaysia

Table 5 Foreign Workers in Malaysia Committed in Criminality, 1992 - 2002179

Moreover, many also has suspected that foreign workers, particularly,

the undocumented ones have impacted in the area of public health at least this

is the second growing perception in Malaysia as it appeared in many academic

literatures.180 The measure taken by the government of Malaysia was under

179 Kanapathy, Vijayakumari. International Migration and Labour Market Developments In Asia:

Economic Recovery, The Labour Market And Migrant Workers In Malaysia. Malaysia: Institute

of Strategic & International Studies (Malaysia), 2004.

http://www.jil.go.jp/foreign/event/ko_work/documents/2004sopemi/2004sopemi_e_countryreport

6.pdf. 180 Vijaya Kumari Kanapathy, Senior Analyst Institute of Strategic & International Studies,

“International migration and labour markets in Asia: Economic Recovery, Labour market and

migrant workers in Malaysia”, Country Report Malaysia.

82

the establishment a national body, the Foreign Workers Medical Examination

Monitoring Agency (FOMEMA) in 1997.181 Due to the obligatory medical

screenings for foreign workers. It was also placed in the national policies in

which required the foreign workers to have compulsory medical examinations

within a month since their arrival in Malaysia, so it is clear to say that the

undocumented workers were avoided to have a compulsory health screening

since they remained illegal entry. In the Malaysian point of view, the illegal

migrant worker impacted public health through the Malaria, tuberculosis, and

leprosy diseases. In fact, it does not necessarily refer to an understanding that

illegal is a health threat in Malaysia so illegal migrant especially from

Indonesia has to be avoid. The data however just shown us, it is reasonable

for Malaysian government and locals to have their own insecurities in related

to foreign worker, especially illegal ones.

V.2 Malaysian Government in Managing the Illegal Migrant

Workers from Indonesia

In the 21st century, Malaysia has been challenged to safeguard the

security of public life and national security by the entry of illegal

immigrants.182 Many studies stated that the major problem is now a foreigner

who unlawfully came to Malaysia.183 Remains illegal, their arrival on the

other hand have shown significant number. As the number increased, the

implications brought by them in various sectors which eventually raised

negative response of the government of Malaysia, especially the high number

of Indonesian Illegal Migrant Worker in Malaysia that illegally employed in

181 Bernama. "Biometric system for foreign workers to be implemented Feb 2018." Free Malaysia

Today, December 22, 2017.

http://www.freemalaysiatoday.com/category/nation/2017/12/22/biometric-system-for-foreign-

workers-to-be-implemented-feb-2018/. 182 Ahmad, Razali. Security Challenges in the 21st Century: The Malaysian Perspective. Eighth

Asia Regional Forum Singapore Heads of Defence Universities/Colleges/Institutions Meeting,

2014. Http://Www.Asean.Org/Uploads/Archive/Arf/12arf/8th-Hducim/Doc-7.pdf. 183 Piper, Nicola, Asia Research Institute National University of Singapore. "Migrant Labour in

Southeast Asia." Case Study: Malaysia (n.d.).

file:///C:/Users/USER/Desktop/Internship%20Doc/internship%20slides/Thesis%20needs/6_000.pd

f.

83

various sector mostly construction. Thus, admittedly, Illegal immigration has

been portrayed as security challenged by the Malaysian, which eventually led

the Malaysian government to further formulated policy regardless.184 The

policy is opined may frighten the illegal to enter Malaysia. However, the

Malaysian government has initiated some actions that divided in some stages

internally as efforts to cope with the illegal migration itself. Following are the

implementation of latest efforts conducted by the Malaysian government for

Indonesian illegal migration under the period of 2011-2017:

V.2.1 The 6P Program (Registration, Regularisation, Amnesty,

Supervision, Enforcement, and Deportation) 2011

This program composed of the Malay words and consisted six stages of

implementation whereas each stage has its periods that has been set by the

official state government of Malaysian to strengthen the management of

foreigners in Malaysia, begins with Registration, Regularisation, Amnesty,

Supervision, Enforcement and Deportation.185 Carried out in stages began in

July 2011, this program is expected to be completed within a year.

Furthermore, the 6P Program represents Illegal Immigrant Comprehensive

Settlement Programme and enforcedly for foreign migrant that is holding

status as illegal.186

It was categorized to all foreigners (i) who have entered Malaysia

without permission and are now living and working in Malaysia unlawfully;

(ii) who is living in Malaysia who have exceeded the terms of the period, or

work outside the specified period; (iii) who have abused the entry, fitting or

travel documents that have been scanned or forged; (iv) who violate the fitting

184 Santhiago, Anni. Human Smuggling, Migration and Human Rights: A Malaysian Perspective.

Geneva: The International Council on Human Rights Policy, 2005. Accessed February 12, 2018.

http://www.ichrp.org/files/papers/140/122_Santhiago.pdf. 185 Immigration Department of Malaysia. PROGRAM PENGGAJIAN DAN PENEMPATAN

SEMULA PENDATANG ASING TANPA IZIN (PATI) - REHIRING. Malaysia, n.d. Accessed

March 13, 2018. http://www.imi.gov.my/images/fail_pengumuman/FAQs%20Rehiring.pdf. 186 Portal Pusat Maklumat Rakyat. Program 6P. Malaysia, n.d.

http://pmr.penerangan.gov.my/index.php/umum/11359-program-6p.html.

84

or permit conditions as established by Malaysian law.187 However, besides

the Immigration, the Government has also appointed some department that

further will be involved to assist the registration of illegal migration during

the implementation period of the program such as Ministry of Home Affairs

(KDN), Ministry of Human Resources (MOH), Labor Department Peninsular

Malaysia, Royal Malaysian Police, Malaysian Anti-Corruption

Commission.188

a. Registration

The first stage is registration, where all PATI obligated to register

themselves in which began in 1 July – 14 July 2011. This stage benefitted the

Malaysian government to obtain information of PATI and his/her employers

in the form of personal records and biometric data, which is the core element

of the program's rational implementation. This program is an action that is

also in line with the Government's initiative to create a comprehensive

database for every foreigner in Malaysia, so that the monitoring process can

be implemented more effectively. Also includes attempts to address the

problem of identity fraud and documents that have been easily falsified

because there is no biometric record. It can be said, at this stage the

government can transparently monitor illegal entrants from various countries

including Indonesia. Monitor the number of newcomers can initiate the

Malaysian government to regulate the number of dark opinions.189

b. Regularisation

This stage is started after the 2 weeks registration program end. The

second stage serves to screen every registered PATI yet further identify if

there is a need to retain them in a particular sector that has an offer of

vacancies involving foreign workers. If the result of the finding finds the

187 Ibid 188 Portal Pusat Maklumat Rakyat. Program 6P. Malaysia, n.d.

http://pmr.penerangan.gov.my/index.php/umum/11359-program-6p.html. 189 Malaysian Employers Federation (MEF). Practical Guidelines for Employers on the

Recruitment, Placement, Employment and Repatriation of Foreign Workers in Malaysia. 2014.

http://www.mef.org.my/Attachments/MEFReport_PGERPERFWM.pdf.

85

eligibility PATI to fill the vacancy, then they will be further processed

through this stage and subsequently made a valid foreign worker with a list

of registered employers.190 However, it will only be considered for sectors

and resource-based countries listed on foreign workers' employment policies,

which have been given government-specific permits, including subsidized

sub-sectors. At the same time, this process will also take into consideration

the employer's eligibility based on current needs according to sectors and sub-

sectors to be determined by ministries / regulatory agencies.

c. Amnesty

At this stage, PATI who consider being registered or who voluntarily

(involved those who voluntary surrendered) choose to return to their home

country considered will be forgiven and allowed to return at their own

expense without the fear of being deported. They will be proceeded by the

Immigration Department to get their Check Out Memo without worry of

being charged.191 However, this is limited to immigrants who commit

immigration offenses only or immigrants that have no records of any

violation, or crime. Another way around, if illegal migrants committed to be

engaged in criminality, he/she may be charged to have life in the country

before returning to home country.

d. Supervision

The fourth stage is supervision that will be implemented before an

integrated enforcement operation against the PATI is carried out nationwide.

This initiative will be mobilized via anarchy to the employer's premises to

advise other than to describe the implications of legal action if it is found to

protect the unemployed workers who are not registered with the 6P Program.

190 Immigration Department of Malaysia. Perubahan Tempoh Pelaksanaan Program Penggajian

Dan Penempatan Semula Pendatang Asing Tanpa Izin (PATI). n.d.

http://www.moha.gov.my/index.php/ms/kenyataan-media-kdn/2753-perubahan-tempoh-

pelaksanaan-program-penggajian-dan-penempatan-semula-pendatang-asing-tanpa-izin-pati. 191 The Borneo Post. "Enforcement Process Under 6P Programme Starts Earlier." November 1,

2011. http://www.theborneopost.com/2011/11/01/enforcement-process-under-6p-programme-

starts-earlier-%E2%80%94-hishammuddin/.

86

Among others, the employer and the relevant PATI may be charged under the

provisions of the Anti-Trafficking in Persons Act 2007 (Amendment 2010)

and the Immigration Act 1959/63 which could lead to a fine of up to RM1

million.

e. Enforcement

The fifth stage is enforcement - the stage in which integrated law

enforcement operations will be implemented on a large scale and mobilized

with the aim of detecting and capturing illegal immigrants and employers

identified as immigration violations. Thus, this program was started in

October by the Home Ministry, focusing on illegal immigration as well as

unregistered employers. The enforcement process would use the newly

introduced National Enforcement and Registration System (NERS), which

useful to check the status of a foreigner in exact time.

f. Deportation

This stage considerable as the continuality of enforcement stages in

which the illegal migrant will go into the last stage are expatriation which

has been captured through an integrated enforcement operation to be

subjected to legal action before being expelled from this country.192 As the

cost of this expatriation process is incurred using the Government's

allowance, each expatriation PATI will be equally blacklisted to re-enter the

country. In fact, Malaysia has always implemented a policy of deportation

of PATI and illegal migrant workers, known as security operations.193 In

this security operation, the Malaysian authorities themselves will be on duty

- which their target is illegal migrants and workers, who have no right to

enter and even work in Malaysia - to arrest and detain migrants. But under

these circumstances, security operations in Malaysia are one of the

consequences when a migrant is still illegal because of the unconscious

192 "Undocumented migrants and refugees in Malaysia: Raids, Detention and Discrimination."

March 2008, 11. https://www.fidh.org/IMG/pdf/MalaisieCONJ489eng.pdf. 193 Saroh, Mutaya. "Malaysia Deportasi 17.921 WNI Bermasalah." Tirto, January .

https://tirto.id/malaysia-deportasi-17921-wni-bermasalah-chft.

87

participation in the 6P program.194 Where, according to the Malaysian

government itself, to avoid deportation and detention, migrants should

follow the 6P program that was originally provided to assist the illegal

migrants and the illegal workers.

The Execution and Result of 6P Program

The presence of illegal migrants and illegal workers eventually

prompted the government to introduce another measure in order to control the

expansion of illegal migrant.195 And, at very least this program helps the

government of Malaysia to control the illegal migrant by making them legal

with all particular-related documents. The 6P program has been conducted by

Malaysian government in several areas such as Kuala Lumpur, Selanggor,

Johor Baru, Penang, Serawak.196 And it was the first step taken by the

Malaysia government after the event of Indonesian government stopped

sending worker temporarily to Malaysia ever since many interests conflicted

each other. Therefore, this program was intended to manage the number of

illegal migrant in Malaysia in the first place. And as mentioned earlier, there

are 6 stages that PATI must complete to be officially legal.

PATI has to register themselves in order for state official government

to easily have and identify their presence through the official biometric

fingerprint that was going to be recorded through the system by the Malaysian

government. This stage opened from 1 July 2011 – 14 July 2011, which

handled directly by Jabatan Imigresen Malaysia (JIM) and Syarikat

Pengurus.197 This registration is free if the illegal migrant did not involve in

194 Komnas Perempuan, Erna Chotim, Lisa Noor, and Tati Krisnawaty. Migrasi Tanpa Dokumen,

March 2005.

https://www.komnasperempuan.go.id/file/pdf_file/Laporan%20Pemantauan%20HAM/PP4_Migra

si%20Tanpa%20Dokumen.pdf. 195 Kassim, Azizah, and Ragayah H. Mat Zin. "Policy on Irregular Migrants in Malaysia." Policy

on Irregular Migrants in Malaysia: An Analysis of its Implementation and Effectiveness, 2011, 19.

https://dirp4.pids.gov.ph/ris/dps/pidsdps1134.pdf. 196 KBRI Kuala Lumpur - SIARAN PERS Program Re-Hiring Dengan E-Kad Kepada Pekerja

Asing Tanpa Ijin. Malaysia: KBRI Malaysia, n.d.

https://www.kemlu.go.id/kualalumpur/id/Pages/SIARAN-PERS-Program-Re-Hiring-dengan-E-

Kad-kepada-Pekerja-Asing-Tanpa-Ijin.aspx.

88

any crime. Another way around, Indonesian illegal migrant has to pay to

Syarikat Pengurus if in any case, they committed in criminality. Further,

illegal migrants can be allowed to work in Malaysia in particular-selected

sector and sub-sector through the regularisation stages, thus, must be an

agreement between the source country. This stage is a three-month period and

are entirely free for illegal migrant worker, but the employer has to pay the

Levy fee.

Further, Amnesty stage, will be allowed only to illegal migrant who

does not has any criminal record besides the illegal entry. They will be

returned to home country freely without being prosecuted or charged by the

Government of Malaysia. However, the illegal migrant worker has to return

through the selected exit point. Thereby, the illegal migrant that has not

initiated to participate in this program, the government will directly go hand-

in-hand operation which conducted regular control to ensure they have took

parts in this program.198 Whoever still remains illegal in Malaysia, excluded

Indonesian nationals, it will be flushed out from Malaysia in which will be

charged under the Anti-Trafficking in Persons and Anti-Smuggling of

Migrant. Therefore, this program is believed to obtain data / information on

illegal immigrants in the country, strengthen the management of foreigners in

Malaysia, including to monitor the entry and exit of foreigners so as to enable

identifying the location of their residence, strengthen and reinforce Malaysian

law enforcement that involves all law enforcement agencies as a more

concerted, regular, and consolidated effort to reduce the number of illegal

immigrants.200 More scheduled operations and collaborations will be more

effective in preventing entry and presence of illegal immigrants in Indonesia

Malaysia. With proper enforcement, crimes involving illegal immigrants can

also be reduced and prevented, lastly, to address the problem of shortage of

198 Low, Choo C., and Khairiah S. Mokhtar. "Deportation Turn in Malaysia: Expansion, Discourse

and Practice." Journal of Population and Social Studies 25 (April 2017).

http://www.jpss.mahidol.ac.th/PDF/JPSS-v25n2-Low-Deportation%20turn%20Malaysia.pdf. 200 "Malaysia - 6P Programme." United States Department of Labor. Accessed March 15, 2018.

https://www.dol.gov/ilab/submissions/pdf/20120203.pdf.

89

worker in certain sectors by changing the status of illegal immigrants working

in the country for legal workers who also place them to work with registered

and viable registered departments.201

Under the operation of the 6P Program, accordingly, there were

approximately 1.3 million illegal migrants registered in which 600,000 had

been regularised and eventually continued to work in Malaysia, while the rest

chose to return to home country under the amnesty stages.202 Especially

Indonesian citizens, according to data realised by the KBRI Malaysia cited

by the BNPTK, Indonesian illegal migrant is a lot, especially accordance from

the result of regularisation (6P).203 According to the Indonesian government

official, there were 348 thousand passports issued by Indonesian

representatives in Malaysia (the Embassy of Indonesia in Malaysia and the

Consulates of RI in the region of Malaysia) to the Indonesian citizens

participants of the 6P Program, thus, there were about 201 thousand citizens

who have hold legal status and safe for operation through the regularisation

program. However, there are still 147 thousand of Indonesian citizens who

might potential to be flushed out throughout the security operations or

deceived work permit agent in Malaysia.204 As a matter of fact, 80 percent of

participant of 6P Program made a legal entry but instead they did not have

proper permits.

The implementation of the 6P Program however was experienced

unpleasant factors. One of these unpleasant factors is included the role of

unauthorised and official agents of the 6P program, especially in the

registration and regularisation of illegal migrant. According to Malaysia state

201 "Malaysia - 6P Programme." United States Department of Labor. Accessed March 15, 2018.

https://www.dol.gov/ilab/submissions/pdf/20120203.pdf. 202 Ibid. 18. 203 Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia

(BNP2TKI). Pengusaha Indonesia-Malaysia Sepakat Kerjasama Tingkatkan Perlindungan TKI.

Indonesia, 2015. http://www.bnp2tki.go.id/read/10103/Pengusaha-Indonesia-Malaysia-Sepakat-

Kerjasama-Tingkatkan-Perlindungan-TKI.html. 204 Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia

(BNP2TKI). Pengusaha Indonesia-Malaysia Sepakat Kerjasama Tingkatkan Perlindungan TKI.

Indonesia, 2015. http://www.bnp2tki.go.id/read/10103/Pengusaha-Indonesia-Malaysia-Sepakat-

Kerjasama-Tingkatkan-Perlindungan-TKI.html.

90

government official namely Datuk Nur Jazlan Mohamed, the unauthorized

agents was discovered offering services through their social media, further,

has been investigated by Malaysian Police.205 The unauthorised bogus agents

basically promised identification papers and passports and will pay their

levies and get them work permits, as a result my illegal migrant even did not

get their official documents, thus leaving them as an illegal migrant, again.

Many illegal migrants basically used this kind of agent, then paid to them

directly, basically claimed that they were able to legalise, also register illegal

foreign workers, in fact, legal migrant who used this kind of services was left

duped. For instances, there was Akhwan Group led by a Bangladeshi who

offered the illegal migrant the assistance in regards this program by paying

amount of money. However, they were irresponsible by taking money for

illegal thus illegal migrant did not get anything in return.206 In the case of

official agent, they are opined could not get the illegal migrant travel

documents processed by their respective embassies within a year.

Indonesian Government Response to 6P Program

In response to the program, the Indonesian government seeks to

protect Indonesian workers in Malaysia. This program is one of Malaysia's

policies to regulate foreign migrants by way of legalizing foreign migrants

from Indonesia or taking care of all official documents including work

documents that should make them official entrants and placed them to work

in several available sectors and related to this, the Indonesian government

with Indonesia's representative government in Malaysia has made some

coordination related to the program in order to provide supervision on the

management of this program, so as not to harm the immigrants and illegal

205 Easy ManPower. Nur Jazlan: Police Investigating Bogus Foreign Worker Legalisation

Services. Malaysia: The Star, 2018. Accessed March 19, 2018.

http://easymanpower.co/tag/indonesia-worker-rehiring-program/. 206 Fai, Lee C. "How Effective was 6P?" Selangor Times, June 15, 2012.

http://www.selangortimes.com/index.php?section=insight&permalink=20120615101712-how-

effective-was-6p.

91

workers from Indonesia.207 In any case, the stage of the process also involves

the Embassy and Consulate General of Republic Indonesia where

undocumented Indonesian Migrant Workers will issue passports as well as

legalize new worker contracts with employers who have been prepared by the

Indonesian suppliers. As for undocumented Indonesian Workers will be

processed returning to Indonesia with a Travel License Passport (or Surat

Perjalanan Laksana Paspor (SPLP)) from KBRI \ KJRI.208

However, Indonesian government also thrown the complaint over

the program since the execution taking place only in a very brief period,

which logically did not decent for the illegal migrants in Malaysia that is the

number of illegal migrants in Malaysia is unbelievable many. With only a

year, it is impossible to really manage and identify the presence of illegal

migrant workers, while the program itself remains 6 stages which believed

took time longer for PATI to be legalized while the particularly-related

documents are few.

V.2.2 Deportation as Security Operation (2012-2017)

Observing above situations, the government of Malaysia was taking

into account gravely through another strategic action called deportation of

Indonesian migrant workers. Following the 6P programs, Malaysian

government run the operation in a year after. The deportation is initiated by

Malaysian government to forcefully return the TKI with hope could reduce

the number of undocumented foreigners and workers.209 Each year from

2012, Deportation has been an obligatory program conducted by the

authorities of Malaysia, it also highlighted to realize the target of zero illegal

migration of Malaysia. The lead agency for this operation is Malaysia's

People's Volunteer Corps or known as Jabatan Sukarelawan Malaysia

207 Saputra, Desy. "Pemerintah Diminta Perhatikan dan Analisa Program 6P Malaysia." Antara

News, August 10, 2011. https://www.antaranews.com/berita/271084/pemerintah-diminta-

perhatikan-dan-analisa-program-6p-malaysia. 208 Patnistik, Egidius. "KBRI Kewalahan Tangani Pemutihan." Kompas (Kuala Lumpur), n.d.

https://tekno.kompas.com/read/2011/07/14/07395968/kbri.kewalahan.tangani.pemutihan. 209 "Enforcement." Portal Rasmi Jabatan Imigresen Malaysia. Accessed March 15, 2018.

http://www.imi.gov.my/index.php/en/main-services/enforcement/overstayed.html.

92

(RELA) - which its members are the Malaysian citizens that voluntarily

serve with official main duty is to check the travelling documents and

permits of foreigners included tourist, visitors and migrant workers in

Malaysian cities- and the short-handed assistance the Division for

Enforcement in the Immigration Department and the Royal Police of

Malaysia.210

The operation takes places in several public locations and

workplaces in any sectors such as shopping places, market, in plantation

sector, moreover in a construction sector which suspected has the most

illegal workers.211 Before they are being caught, the authorities of Malaysia

is placed them to the detains depot which located in almost cities of

Malaysia. While being detained, the authorities of Malaysia is proceeding

to identify the detainees’ countries of origin dictates their period in a

detention depot according to the interview done with the division of

Enforcement done by Choo Chin Low and Khairiah Salwa Mokhtar. The

authorities of Malaysia sometimes found difficulties that complicate the

issue, which admittedly the biggest challenge goes to obtain a document

from the representative country (KBRI/KJRI) of the detainee’s country of

origin. Within seven days of detention, the police must present the for

detention to a public prosecutor. If there is decent evidence, it will have

continued to further investigate within 59 days to detention. 212

Prior to the number of illegal migrant of Indonesia which was

considered significance, through years 2012 until 2017, Malaysia has been

conducted the operation of detention to any foreigners included Indonesian

migrant workers. From the data that has been collected, the number of

210 Jabatan Sukarelawan Malaysia. "Vision and Mission." RELA – Jabatan Sukarelawan Malaysia.

Accessed February 31, 2018. http://www.rela.gov.my/. 211 Immigration Department of Malaysia (Ministry of Home Affairs). Cross-border Malaysia -

Indonesia Passes. Malaysia: Immigration Department of Malaysia, n.d.

http://www.imi.gov.my/index.php/en/border-pass-border/cross-border-malaysia-indonesia-

passes.html. 212 Low, Choo C., and Khairiah S. Mokhtar. "Deportation Turn in Malaysia: Expansion, Discourse

and Practice." Journal of Population and Social Studies 25 (April 2017).

http://www.jpss.mahidol.ac.th/PDF/JPSS-v25n2-Low-Deportation%20turn%20Malaysia.pdf.

93

illegal migrant of Indonesia in Malaysia hit billions. Aware of this issue, the

Malaysian government is continually managing the number of illegal

migrant workers. Thus, the Indonesian illegal migrant workers are being

deported from Malaysia, then the process of retuning to Indonesia is handled

by the KBRI and KJRI of Indonesia in Malaysia.

The Data of Repatriated Indonesian Illegal Migrant Workers

from Malaysia

Table 6 Data of Illegal Migrant Workers from Indonesia through Deportation213

As you can see from the table above, the number of illegal migrant

workers that been deported was considered many. And according to

BNP2TKI, the illegal migrant workers being repatriated mostly through

Entikong located in West Kalimantan and Tanjung Pinang, carried out by

boat. The implementation of this security operation further helps the

Malaysian government in reducing the number of illegal migrant workers.

While it is worth noting, the implementation is procedurally conducted by

the Malaysian.

213 Konsulate Jenderal Republik Indonesia di Johor Baru Malaysia. Siaran Pers - Deportasi 590

WNI/TKI-B, 29 dan 30 Oktober 2014. 2014. https://www.kemlu.go.id/johorbahru/id/arsip/siaran-

pers/Pages/Deportasi-590-WNI-TKI-B-29-dan-30-Oktober-2014.aspx.

Year Number of Indonesian

Illegal Workers Detail

2017 4.863 January – December

2016 10.261 January – December

2015 17.193 January – November

2014 22.373 January – November

2013 19.281 January – August

2012 7.763 January – 7 June 2017

94

V.2.3 Rehiring Program with Enforcement Card (2017)

The Malaysian government is determined to deal with illegal workers

in Malaysia. In addition to the 6P program implemented in 2011,

Enforcement Cards is a program for undocumented foreign workers in order

to obtain temporary permit to register rehiring if it meets the conditions

specified Enforcement Cards (E-Kad), handled by the Immigration

Department and the Ministry of Home Affair of Malaysia. To obtain E-Kad,

workers must pay RM 180 (male) or RM 190 (female) check-ups, RM200

rehiring fines, administration to E-Kad RM 400 vendors and pay Special

Pass RM 100. Furthermore, follow the E-Kad program, Indonesian illegal

workers must pay between RM 980 / RM 990 or equivalent Idr 3.1 million

(exchange rate RM1 = Rp 3.100).214

Considered, this is an initiative launched by the Malaysian

Government to allow illegal foreign workers to work in the Malaysian

sectors openly and legally, and the E-Kad itself will function as a temporary

work verification.215 The 6P difference and rehiring program lies in the

status of the PATI, which devoted to illegal foreign worker who have

employers, which believed that this program supposedly not to happen. As

stated by Malaysian Trades Union Congress (MTUC) president Abdul

Halim Mansor during the interview with IMAN "We have become a state

that accepts PATI by giving them permission to get permits without them

needing to return to their home country, whereas they should be hunted and

captured."216

This program has been implemented on 15 February to 30 June 2017

and will be valid until February 2018 as it opened for Indonesia,

214 Reza. "Indonesia Minta Malaysia Perpanjang Program Rehiring." Liputan 6, July 6, 2017.

http://news.liputan6.com/read/3013741/indonesia-minta-malaysia-perpanjang-program-re-hiring. 215 Immigration Department of Malaysia. Program Penggajian Dan Penempatan Semula

Pendatang Asing Tanpa Izin (Pati) - Rehiring. Malaysia, n.d. Accessed March 13, 2018.

http://www.imi.gov.my/images/fail_pengumuman/FAQs%20Rehiring.pdf. 216 "Akhbar Sinar Harian: Pati: Adakah Program Pemberian E-Kad Membantu? (Laporan Pada 30

Januari 2017)." IMANTKI. Last modified January 31, 2017.

http://www.imantki.com/2017/01/31/akhbar-sinar-harian-pati-adakah-program-pemberian-e-kad-

membantu-laporan-pada-30-januari-2017/.

95

Bangladesh, Philippines, India, Indonesia, Kazakhstan, Cambodia, Laos,

Myanmar, Nepal, Pakistan, Sri Lanka, Thailand, Turkmenistan, Uzbekistan,

and Vietnam. However, a foreign worker who can follow this program must

have legal entry data in Malaysia, must have an employer who hired him for

more than 6 months and of course illegal workers should be free of criminal

records.217 And speaking of the Enforcement Card itself, the author has

provided the appearance of E-Kad which useful for illegal migrant worker

to have this as the temporary work permit.

Figure 10 E-Kad as a Temporary Card for Illegal Migrant Workers in Malaysia

As you can see, the E-Kad itself contains the information of illegal

migrant workers as well as the employers. Considered as temporary work

permit, illegal migrant workers of Indonesia will not be deported by the

Malaysian government in case of security operation that is held by the

217 Immigration Department of Malaysia. Program Penggajian Dan Penempatan Semula

Pendatang Asing Tanpa Izin (Pati) - Rehiring. Malaysia, n.d. Accessed March 13, 2018.

http://www.imi.gov.my/images/fail_pengumuman/FAQs%20Rehiring.pdf.

Source: Easy Manpower Malaysia

THE EXAMPLARY OF ENFORCEMENT CARD UNDER

THE REHIRING PROGRAM

96

Malaysian government. Further, this Rehiring program applies to the

taxation, construction, farming, Agriculture, Services sectors. The

government inaugurated several departments to deal directly with illegal

workers from certain countries, and for Indonesia the Malaysian government

gave a mandate to the International Marketing and Net Resources Bhd

(IMAN) to deal with PATI citizens of the Republic of Indonesia. As the

result, a total of 15,822 PATI people have been registered under the Rehiring

Program covering 9.738 PATI Indonesian nationals, 3,808 PATI Bangladeshi

citizens, 425 PATI citizens of Myanmar and 1,851 PATI citizens nationals.218

Further, the latest data stated that in the implementation, Malaysian

Immigration stated that the number of PATI participating in this program

amounted to 161,065 PATI (23%) with about 21,000 employers (data at 22.00

on 30 June 2017).219

Although Malaysia has launched several programs to alleviate foreign

migrants (PATI) - recruitment (rehiring) - in fact there are still many illegal

foreign workers, especially Indonesian workers, who are reluctant to join the

program.220 However, according to Indonesia the costs set by the Malaysian

government to obtain E-Kad is very expensive, and on the other hand

burdening Indonesian workers. Previously Malaysia set the cost of the RM

1350 then it was reduced to RM 800 after Indonesia repeatedly asked for a

decline, since the fee also does not include transportation ticket to Indonesia.

According to the state official of Indonesia, one of the factors, according to

218 Immigration Department of Malaysia. Perubahan Tempoh Pelaksanaan Program Penggajian

Dan Penempatan Semula Pendatang Asing Tanpa Izin (PATI). n.d.

http://www.moha.gov.my/index.php/ms/kenyataan-media-kdn/2753-perubahan-tempoh-

pelaksanaan-program-penggajian-dan-penempatan-semula-pendatang-asing-tanpa-izin-pati. 219 KBRI Kuala Lumpur - SIARAN PERS Program Re-Hiring Dengan E-Kad Kepada Pekerja

Asing Tanpa Ijin. Malaysia: KBRI Malaysia, n.d.

https://www.kemlu.go.id/kualalumpur/id/Pages/SIARAN-PERS-Program-Re-Hiring-dengan-E-

Kad-kepada-Pekerja-Asing-Tanpa-Ijin.aspx. 220 Suastha, Riva D. "TKI Ilegal di Malaysia Enggan Ikut Pemutihan karena Mahal." CNN

News(Indonesia), July 7, 2017. https://www.cnnindonesia.com/internasional/20170707164144-

106-226375/tki-ilegal-di-malaysia-enggan-ikut-pemutihan-karena-mahal.

97

the Ministry of Foreign Affairs of Indonesia is a complex process and the

number of brokers that cause the workers to have to spend more.221

On the other side, Indonesia, notably, shows its support to this program,

as the Indonesian government encourages all migrant worker from Indonesia

to participate, instead of running away. While to get a permit, Indonesian

worker can continually do a work in Malaysia. Despite the fact of it is better

to manage to be legal migrant worker in which narrower the possibility of

being detained and then deported as stated by the Counsellor in Protocol and

Consular Section namely Yusron B Ambary:

“The E-Kad program set by the Malaysian government from 15

February to 30 June 2017 is an opportunity for undocumented

Indonesian workers to obtain valid work permits, thus I appeal to

Indonesian citizens in undocumented Malaysia in order to take

advantage of this program.”222

Therefore, Indonesia will always support Malaysian programs as long

as the program does not harm illegal workers of Indonesia in Malaysia. The

Indonesian government's response was considered positive through the

actions of the Indonesian government itself requesting the program to be

extended. Unfortunately, the Malaysian government itself cannot grant the

petition of Indonesian government considering the management of this

program must be passed several agreements from various parties. In addition,

any policy through a program implemented by the Malaysian government

unilaterally may strengthen bilateral relations between the two countries.

222 KBRI Kuala Lumpur - SIARAN PERS Program Re-Hiring Dengan E-Kad Kepada Pekerja

Asing Tanpa Ijin. Malaysia: KBRI Malaysia, 2017, n.d.

https://www.kemlu.go.id/kualalumpur/id/Pages/SIARAN-PERS-Program-Re-Hiring-dengan-E-

Kad-kepada-Pekerja-Asing-Tanpa-Ijin.aspx.

98

CHAPTER VI

CONCLUSION

In recent years, the government of Malaysia itself has introduced several

programs related to the management of illegal migrant workers of Indonesia. It is

known as 6P Program, which the implementation was in 2011. The 6P program is

focusing on the management of illegal migrant) in which they are procedurally

being legalized by the Malaysian government. However, the implementation of this

program was experienced unpleasant factor despite of the fact the program ended

well. Due to the involvement of unofficial brokers which made the illegal migrant

workers have nothing in return resulted they are not participated in the program

itself, Malaysia government considered to act towards directly and cooperate with

the Royal Police of Malaysia. Hence, the 6P programs was so contributed in

reducing the number of illegal migrant workers from Indonesia.

As the continually efforts, the Malaysian government conducted more

programs in which shows determination in reducing the illegal migrant workers.

Years after the conduct of 6P Program, they introduced the Rehiring Program with

Enforcement Card in which this program was intentionally created for illegal

migrant workers to be given temporary work permits in the sectors in Malaysia and

for employer in Malaysia to register their illegal migrant workers. Most

importantly, the Rehiring programs could have benefitted both sides, the illegal

migrant workers as well as Malaysian government itself as Malaysia needs legal

foreign workers in some sectors. While, in years between namely 2012-2017,

security operation was conducted to help the government maintain the number of

illegal migrant workers whereas the illegal migrant and illegal migrant workers

from Indonesia is being deported and repatriated forceful.

That being said, the way of Malaysian government managed the presence

of Indonesian illegal migrant workers were by legalizing them to be official workers

under the programs but on the other hand by flushing out the illegal migrant and

illegal migrant workers through the deportation considered as security operations.

99

While all these programs at least help the Malaysian Government to identify and

manage the presence of illegal workers', on the other hand, has benefitted Malaysia

itself through the placement of foreign workers in some sectors that are Malaysia’s

lacking. It draws us to the historical fact that the needed of foreign worker in

Malaysia and its demand was quite high. By having this program, Malaysia

government had the opportunity to place the Indonesian migrant workers in some

needed sector since shortages at workers while Malaysia’s government had

managed and reduced the number of illegal migrant workers particularly from

Indonesia. While the presence is in fact needed by the Malaysian, the act conducted

by the migrant is in regards of security.

The number of illegal workers in Malaysia was in significant existence could

be caused by the security patrols in the borders of Indonesia and Malaysia is

lacking. The illegal border gates with less tight border guards enhanced the number

of illegal migrants and the smuggling Indonesians eventually becoming

increasingly widespread because as a matter of fact there were many clandestine

routes from Indonesia which to Malaysia, in fact, Malaysia admittedly is very

accessible to Indonesian. Also, because of the demand of illegal migrant workers

in Malaysia eventually invites more illegal to work in Malaysia. The opportunity to

work is wider finally attract the illegal migrant workers.

In the context of Malaysian, Indonesian illegal migrants have threatened their

national security. Here lies the notion of illegal migrant as a threat to security

alongside the huge number of illegal migrant workers of Indonesia. As a matter

of fact, illegal migrant worker which closely related to the smuggling falls into the

category of the prohibited acts as constituted in Malaysia Immigration Act. It may

be argued to pose a threat to national security of Malaysia, which has been viewed

as an act violated the sovereignty of Malaysia and impacted their national security,

while the movement that has been organized in one way another. This movement

likely linked to the Transnational Organized Crime is also refer to the conduct of

the faux of documents, the border crossing and entrance illegally to Malaysia in

which the movement is taking place assisted by the smuggler. Moreover, the role

of what so called brokers is crucial since the occurrence of the illegal migrant

100

worker movement is involving their assists otherwise would not have happened.

Thus, the feeling of insecurities raised and placed to the extent of migration could

link to the terrorism, and other syndicates of crimes, which will danger the

Malaysia itself. Furthermore, in the context of Malaysia, illegal migration has

been placed closely to the notion of security also since it seemingly to be a

challenge for national security. As the illegal migrant is associated to criminal

activities, Malaysian government portrayed this as a security issues crucially

threaten their national security. The perception lies here is that illegal migrant

from Indonesia worker to be said, has impacted the internal stability. Thus,

internal stability will further affect to the development of Malaysia and peace of

the state. And when an issue has touched the crucial part of a state, it urges states

to take actions.

101

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APPENDIX 1

Source: International Labour Organization in Asia

and the Pacific

121

APPENDIX 2

122

Source: Home Affairs Ministry of Malaysia

123

APPENDIX 3

Source: The Malaysian Act of Immigration

124

APPENDIX 4

125

Source: KBRI Kuala Lumpur