MALAYSIAN GOVERNMENT EFFORTS IN MANAGING THE …
Transcript of MALAYSIAN GOVERNMENT EFFORTS IN MANAGING THE …
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
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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
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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
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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.
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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
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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
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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
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“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.”
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
.
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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.
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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.
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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