Vol. 5, No. 7, July 2024
E-ISSN: 2723-6692
P-ISSN: 2723-6595
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Jurnal Indonesia Sosial Sains, Vol. 5, No. 7, July 2024 1820
KEYWORDS
ABSTRACT
Migration; Irregular
migration; Bali Process
Migration, or the movement of people from their country of origin
to another country, is not a new phenomenon in human life.
Transnational crime occurs not only due to free trade factors and
weak law enforcement but also due to the geographical conditions
of the country itself. This research aims to analyse and determine
Indonesia's efforts to handle irregular migration as an
implementation of the Bali Process. This research uses a type of
qualitative research that is descriptive analysis. The data collection
techniques used in this research are secondary documents and
internet-based techniques. The results of the research show that
Indonesia's efforts to deal with irregular migration can be carried
out with preventive and repressive efforts as stated in Article 89,
paragraphs 1. 2, and 3. Cooperation between Indonesia and
Australia to deal with irregular migration in the Bali Process has
resulted in several equal partnerships in an MOU. Efforts to handle
and protect irregular migration in the Bali process are carried out
by taking into account the policies of each country with a
comprehensive regional approach in accordance with the
principles of Burden sharing and collective responsibility.
Cooperation between Australia and Indonesia uses the basic
assumptions contained in the theory of institutional liberalism put
forward by Robert Keohane and Joseph Nye, in the form of: 1. Trust
in Cooperation, 2. International regime, 3. Complex dependency,
and 4. Interdependence.
Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
1. Introduction
Migration, or the movement of human beings from their home country to another country, is
not a new phenomenon in human life. For centuries, long before the state was formed, humans have
travelled in search of a better life elsewhere. Globalisation has increased the factors that encourage
Indonesia's Efforts as a Transit Country in Handling Irregular
Migration through the Bali Process
Gloria Wibowo, Sylvia Yazid
Universitas Katolik Parahyangan, Bandung, Indonesia
Email: gloriawibowo93@gmail.com
Correspondence: gloriawibowo9[email protected]m
*
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immigrants to seek fortune abroad, which can give rise to positive and negative aspects in every
country, both developed and developing countries (Akbar, 2017).
The conflicts that have taken place in several countries to date have caused a group of people
living in the country to experience fear, worry and feel uncomfortable to be in the country. As a
result of their discomfort, they have to seek refuge (asylum) and flee to certain countries to survive
until the conflict that occurs in their country ends. The rise of conflicts that occur in Islamic
countries, especially in the Middle East, Africa and South Asia, has made some people decide to leave
or flee their countries in search of safety and decent life as well as protection in other countries
(Azura & Munir, 2023).
The issue of international migration has become the main concern of the world community in
recent years. This is due to the increase in immigrant flows due to ongoing socio-economic
problems in the home countries of immigrants, which include high unemployment, poverty, hunger,
and prolonged conflicts in the home countries. So, many residents move to other countries to find a
more decent life. Indonesia is a strategic archipelagic country in the world crossing. This condition
has long been a pulling factor for thousands of people from conflict countries to continue to enter
Indonesian territory and make it a transit area before heading to Australia (Saragih & Pramita, 2020).
Transnational crime occurs not only due to the factor of free trade and weak law enforcement,
but also the geographical situation of the country itself. Indonesia has become a country with the
potential for transnational crimes in the practice of people smuggling in the world, which has
increased in recent years. Indonesia is often used as a transit country by illegal immigrants, and
Australia is a destination country. Australia has become a destination country for illegal immigrants
because Australia ratified the Refugee Convention (Dhafasha et al., 2021).
Australia is one of the signatories to the 1951 Refugee Convention and the 1967 Protocol,
which seeks to provide international protection for refugees or asylum seekers, and this strengthens
asylum seekers to immigrate to Australia. Growing up in Australia's multiethnic community makes
it easier for asylum seekers to adapt. In addition, there is a belief among asylum seekers that it is
easier to obtain refugee status in Australia than in other countries and that they are trying to come
to Australia in a variety of ways. A number of these asylum seekers tried to come directly to
Australia using wooden boats illegally as boat people (Akbar, 2017).
The relationship between the Indonesian and Australian governments has been established
for a long time in various aspects such as politics, economy, society, and culture. The initial contact
between these two regions occurred through trade and maritime interactions during the colonial
period. However, bilateral relations between the Government of Indonesia and Australia have
experienced ups and downs due to disruption since the treatment of Operation Sovereign Border
was held on September 18, 2013. The Indonesian government feels aggrieved and has repeatedly
raised its objections to the policy of handling asylum seekers. This policy is considered to be more
concerned with the interests of the Australian Government and ignores the national interests of the
Government of Indonesia. The cooperation was implemented between the Governments of
Indonesia and Australia in 2000, which was outlined in the form of a Regional Cooperation
Agreement. However, in 2013, the Australian Prime Minister issued a turn-back for the boat policy,
which resulted in the breakdown of cooperation in providing information related to human
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smuggling between Indonesian law enforcement and the Australian Government
(Kristin & Dewi,
2021).
The Government of Indonesia has an interest in maintaining the integrity of security in its
territory and invites the Australian Government to cooperate in countering all existing security
threats. Furthermore, the Australian Government also has the same interest in this. The Australian
government sees bilateral relations with Indonesia, especially in the security and foreign policy
sectors, as almost as important as the United States. Indonesia and Australia have a very sensitive,
intense and unstable bilateral relationship. Repeated crises have tested bilateral relations between
the two countries. The source of this instability is the problem of illegal fishing, people smuggling,
and terrorism. From Australia's geopolitical perspective, Indonesia is a key partner in countering all
regional threats (Ariani & Elistania, 2019). Terrorism, piracy, and smuggling networks must go through
the northern route where the policy of the Government of Indonesia plays an important role for the
Australian Government in filtering all forms of security threats.
The Australian government initiated the multilateral meeting of the Bali Process in 2002,
which was attended by 45 members, including the United Nations High Commissioner for Refugees
(UNHCR), the International Organization for Migration (IOM) and the United Nations Office of Drugs
and Crime (UNODC). The countries are Bangladesh, Afghanistan, Malaysia, Maldives, Indonesia,
Pakistan, New Zealand, Thailand, Australia and Sri Lanka. The meeting marks the Australian
Government's seriousness in tackling the growing influx of illegal immigrants. As a continuation, in
March 2011, the Regional Cooperation Framework (RCF) was approved, which binds members to
carry out active activities to eradicate smuggling and trafficking in persons (illegal immigrants) and
transnational crime (Sofyan, 2020).
The existence of the Bali Process as a form of regional cooperation in the Asia Pacific is highly
expected to follow up on the issue of irregular migration. Initially, the Bali Process was formed with
the aim of addressing problems in people smuggling, trafficking in persons and other forms of
transnational crime in the Asia Pacific region. However, as time went by and seeing issues related to
irregular migration which are currently growing, the Bali Process then added an agenda and focused
on dealing with the problem of irregular migration. In 2010, in the Bali Process, UNHCR proposed
the formation of the Regional Cooperation Framework with the aim of providing practical
arrangements for responding to and effectively regulating refugees and irregular migration in the
Asia Pacific region
(Ismail & Burhanuddin, 2019). This cooperation framework assists member
countries in developing responses and supporting in dealing with such movements.
Irregular migration mostly comes from conflict and relatively poor areas in the Middle East,
South Asia, and Africa, seeking refuge in other countries. One of the countries that the refugees are
heading to is Australia. The increase in the number of irregular migrations, such as human
smuggling and human trafficking, has had a negative impact on Asia Pacific countries, especially for
transit countries such as Indonesia. Indonesia's strategic geographical position as a link between the
Central Asian and Middle Eastern regions with Australia in the movement of migration flows causes
Indonesia to become a transit area that these immigrants widely travel.
Along with the entry of irregular migration followed by the entry of other issues such as
infectious diseases, smuggling of goods, narcotics and humans, even related to terrorist groups. As
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countries where transit and destinations for irregular migration, the Governments of Indonesia and
Australia have made considerable efforts in the Bali Process. In addition to being the initiators of the
establishment of the Bali Process, the Governments of Indonesia and Australia have also increased
their commitment to irregular migration ion through the Bali Process, the two countries cooperate
and are committed to solving the problem of smuggling and human trafficking.
The current immigration problem is not only dominated by one specific country, but because
of its natural nature and immigration will involve every Indonesian country because of its
distinctive geographical location. This is one of the main routes of human movement towards
Australia, which has a higher level of welfare and more decent life opportunities. Although
Indonesia has a policy in handling immigrants in determining the status of refugees, the Indonesian
Government cannot determine it on its own because it does not have a legal framework and status
determination. After all, Indonesia is not a party to the 1951 UN Convention on Refugee Status or
the 1967 protocol. Thus, UNHCR is an organization that directly processes refugee status requests
that have been in Indonesia.
Figure 1 Phenomenon of Irregular Migration in Indonesia in 2016-2020
Source: Unhcr(2016-2020)
Based on the data reported by UNHCR in Figure 1.1 above, it can be known that the
phenomenon of Irregular Migration entered Indonesia in 2016-2020, where in 2016, there were
13,829 people. Furthermore, in 2017, there were 13,840 people, as many as 15,562 people in 2018,
as many as 13,657 people in 2019, and as many as 11,131 people in 2020 who entered Indonesian
territory. Data shows that there are fluctuations in the number of irregular migrations entering the
territory of Indonesia; most of the irregular migrations come from Afghanistan, Somalia, Myanmar,
Iraq and Sudan. These countries are sequentially the 5 (five) largest countries with the largest
number of Irregular Migration consisting of refugees and asylum seekers to Indonesia.
0
2.000
4.000
6.000
8.000
10.000
12.000
14.000
16.000
18.000
2016 2017 2018 2019 2020
Irregular Migration in Indonesia 2016-2020
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Cooperation between the Governments of Indonesia and Australia through the Bali Process
and Indonesia's participation in the Working Group on Protocol to Prevent, Suppress and Punish
Trafficking in Persons, especially Women and Children, is an important step in addressing human
trafficking. Through this collaboration, law enforcement training can be carried out to improve the
ability of law enforcement officials to overcome human trafficking cases (Dewi et al., 2023). The
prevention efforts carried out by the Ministry of Education and Culture aim to increase public
awareness, increase understanding and provide knowledge and skills to them to protect themselves
and others.
The uncontrolled situation of irregular migrations, the absence of a clear determination of
refugee status, and the dangerous risks faced by immigrants by crossing the ocean using boats that
threaten the lives of hundreds or even thousands of immigrants, especially in Indonesia, which is
one of the countries most affected by irregular migration movements should certainly act as a
proactive country in an effort to make the Bali Process cooperation effective. This was known at the
Eighth Bali Process Ministerial Conference, the Ministers acknowledged regional and global
developments that increase the risk of regional instability and the occurrence of irregular migration,
including the ongoing impact of COVID-19, conflict, misuse of technology, human trafficking for
online fraud, and natural and humanitarian disasters, including those related to climate. The
Adelaide 2023 partnership strategy has been updated to revive the agile, relevant, and responsive
Bali Process 20 years after its inception (The Bali Process, 2023).
As transit countries and destinations for irregular migration, the Governments of Indonesia
and Australia have a considerable role in the Bali Process. In addition to being the initiators of the
Bali Process, the Governments of Indonesia and Australia have also increased their commitment to
Irregular Migration. Through the Bali Process, the two countries cooperate and are committed to
solving the problem of smuggling and human trafficking. On March 15, 2012, the two countries held
the Indonesia-Australia Foreign and Defence Ministers Dialogue in Canberra. In this meeting, it can be
seen that the Governments of Indonesia and Australia have worked together through the Bali
Process and will always prioritise the Bali Process approach to overcome Irregular Migration.
Research conducted by Sudirman et al. (2022) stated that the existence of this regulation
could make the number of immigrants, asylum seekers and victims of the practice of people
smuggling accumulate in Indonesian territory. Ismail & Burhanuddin (2019) revealed that the
Government of Indonesia plays an active role as much as possible in implementing the Bali Process
cooperation framework, where there are still challenges and obstacles faced. Research by Rafiki
(2017) also shows that the cooperation between the Governments of Indonesia and Australia to
overcome irregular migration within the framework of the Bali Process has resulted in several equal
partnership cooperations in an MOU. Cooperation between countries of origin, transit and
destinations to stop illegal migration, human smuggling, human trafficking and related
transnational crimes.
This research is important to carry out in order to find out Indonesia's efforts in handling
irregular migration. The researcher wants to conduct research more deeply related to the handling
of irregular migration with the research title "Indonesia's Efforts as a Transit Country in Handling
Irregular Migration Through the Bali Process.”
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2. Materials and Methods
The research method used is a qualitative research method used for the purpose of increasing
understanding of phenomena, activities and social processes. This research focuses on a descriptive
approach to analysis (Sugiyono, 2019). Therefore, this study will focus on describing the efforts of
Indonesia as a transit country in handling irregular migration through the Bali Process to prevent
negative impacts on Indonesia and other Asia Pacific countries. With qualitative research methods,
the data produced will be in the form of words, images or objects and verbal data.
The type of research used is to use case studies which are types of research with the
investigation of one or more 'examples' of something consisting of cases in a study. The case can be
something related to before and after the implementation of irregular migration in the Bali Process,
such as the temporary shelter policy for immigrants in Law Number 6 of 2011 Article 83 related to
the detention of foreigners without permission to enter Indonesian territory, the Government of the
Republic of Indonesia implements a selective policy and problems in people smuggling, trafficking
in persons, and forms of other transnational crimes in the Asia Pacific region before and after the
enactment of irregular migration through the Bali Process. In addition, case studies are very aptly
used for "how" questions. There are six pieces of evidence in the case study, namely (1)
documentation, (2) interviews, (3) archival recordings, (4) direct observation, (5) actor observation,
and (6) physical devices. Here the researcher is allowed to select one, some or all of the sources of
evidence (Yin R. K, 2009).
Data Collection Techniques
The data collection techniques used in this study are secondary document-based techniques
and the internet. Secondary documents are documents obtained by people who were not present at
the scene, but they received information by interviewing eyewitnesses or by reading primary data
(Bailey, 1994). The use of the internet is to gather factual information about a topic or information
on a particular event that seeks to support research. Through the internet, we can also access
government websites to get quick access to official statements and transcripts of press interviews.
This data collection technique was chosen because of the limitations of researchers in
conducting interviews and direct observations in the field. The data analysis method used is by
triangulation of sources. Source triangulation is used to test the credibility of virgins by checking
data obtained from several data sources that have been obtained which are then described and
categorized as which views are the same, different and specific so as to produce a conclusion.
3. Result and Discussion
Indonesia's Efforts in Handling Irregular Migration as an Implementation of the Bali Process
Policies in Indonesia in Dealing with Irregular Migration
Issues related to humanity are some of the most serious issues discussed, especially related to
the problem of refugees and asylum seekers from conflict countries that are currently flooding and
spreading to various countries in the world. The United Nations Convention Relating to the Status of
Refugees 1951 reveals that a refugee is a person who cannot or will not return to his or her home
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country due to fear of a situation that threatens the safety of life in issues such as race, religion,
nationality, membership in social groups or political issues (Ismail & Burhanuddin, 2019).
The policy implemented by Indonesian immigrants is called a selective policy, meaning
immigrants who are not threatening security are allowed to enter and visit the Republic of
Indonesia. The Indonesian government has made efforts to prevent and solve problems related to
international migration crimes. However, several policies have not been implemented, such as the
role of immigration in the area of immigrant entry and exit and the control of the presence of
immigrants in Indonesia. Immigrants are required to comply with the rules contained in the
Selective Immigration guidelines and laws in Indonesia. This means that carrying out the
immigration function has an important role in maintaining sovereignty and security in Indonesia
(Rasji et al., 2024).
Based on the policy and for the protection of national interests, only foreigners provide
benefits and are not threatened. Security and public order are allowed to enter and remain in
Indonesian territory. In essence, this selective basis requires that only certain foreigners who can
enter can be: (Abdillah et al., 2023)
1. Foreigners who have certain positive benefits who are allowed to enter and stay in
Indonesia;
2. Foreigners who do not pose a dangerous effect and comply with the order are allowed to
enter the country;
3. Foreigners must comply with the rules that apply in the country;
4. Foreigners who enter and are in the country must have their activities in accordance with
their purpose.
One of the factors causing the increase in illegal immigrant cases in Indonesia every year is
Indonesia's geographical condition as an archipelagic country, which has many small islands that
are close to other countries. Illegal migration is defined as an attempt to enter an area without
permission. Illegal immigrants can also mean that they stay in an area beyond the time limit for
which a valid residence permit is valid or violated or do not meet the requirements to enter an area
legally. There are three basic forms of illegal immigrants, which are as follows: (Junef, 2020)
1. Crossing the border illegally.
2. Crossing a border in a way that is ostensibly official (in an official way), using a forged
document or using an official document belonging to a person to whom it is not his/her right
or by using a remit document for an illegal purpose.
3. Stay after the expiration of official status as an official immigrant.
According to Law Number 6 of 2011 concerning immigration, the Explanation of Article 98
paragraphs 1 and 2, where the Deterrence Authority is a manifestation of the implementation of
state sovereignty to maintain security and public order, which is carried out based on immigration
reasons. The official authorised in this provision is the head of a government agency. Immigration
efforts against law enforcement against immigration crimes are as follows: (Hendrawan et al., 2022)
1. Immigration Supervision: Immigration supervision is not only when entering and exiting
Indonesian territory but also while in the territory of the Republic of Indonesia, including its
activities. Supervision is an activity that determines what is being done, namely the
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implementation and needs to take action for its implementation. In supervision as an
administrative act of immigration against foreigners, law and human rights are given special
powers that no other body has. Article 69 of Immigration Law Number 6 of 2011 states that in
order to carry out Immigration supervision of foreigners' activities in the Indonesian Territory,
the Minister establishes a foreigner supervision team whose members consist of relevant
government agencies or agencies, both at the central and regional levels.
2. Immigration Measures: This immigration action is carried out to enforce immigration
supervision of foreigners in the territory of the Republic of Indonesia who carry out activities
that are contrary to applicable laws and regulations. Article 75, paragraphs 1 and 2 in Law
Number 6 of 2011 concerning immigration, Immigration Officials are authorised to take
immigration administrative action against foreigners in Indonesian territory who carry out
dangerous activities and should be suspected of endangering security and public order or
disrespecting or disobeying laws and regulations which may include: (Hendrawan et al., 2022)
a. Immigration administrative actions, as referred to in paragraph 1, in the form of:
1) List of precautions;
2) Application, modification or residence permit;
3) Not allowed to be anywhere in Indonesian Territory;
4) The need to live in certain regions of the Indonesian Territory;
5) Charging for drinks;
6) Removal from Indonesia
b. Immigration administrative actions in the form of deportation can also be carried out
against foreigners who are in Indonesian territory because they are trying to avoid threats
and the execution of punishment in the country.
3. Immigration Quarantine; Immigration quarantine was replaced with Immigration Detention
Houses based on the Regulation of the Minister of Law and Human Rights of the Republic of
Indonesia Number M.05IL.02.01 of 2006 concerning Immigration Detention Houses. Article 83,
paragraphs 1 and 2 in Law number 6 of 2011 concerning Immigration is that the Immigration
Officer is authorised to place a foreigner in an immigration detention house or immigration
detention room if the foreigner, including:
a. Being in Indonesian territory without having a valid residence permit or having an invalid
residence permit.
b. Being in Indonesian territory without having a valid travel document
c. Subject to immigration administrative action in the form of cancellation of residence permits
for committing acts that are contrary to laws and regulations or disturbing security and
public order.
d. Waiting for the implementation of Deportation.
e. Waiting for departure out of Indonesian territory because they were refused an entry card.
According to the researcher, Indonesia's policy in dealing with irregular migration is very
important because Indonesia is the host and one of the initiators in the Bali process. Indonesia has a
great responsibility in addressing regional issues related to human smuggling, human trafficking,
and illegal migration. Thus, Indonesia not only strengthens its own security but also contributes to
regional stability and security.
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Preventive and Repressive Efforts in Handling Irregular Migration Cases in Indonesia
Illegal immigrants are exploitative, which is an elaboration between the willingness of victims
to be smuggled juxtaposed with syndicates who want to make profits with this desire. In addition,
criminal acts can occur because there are asylum seekers who do not have access to legal channels
to avoid prosecution and seek asylum abroad. The crime of human trafficking and cross-border
human smuggling is closely related to the traffic of people either as perpetrators or victims. The
basic concept is the transfer of humans from one place to another for profit. The handling of victims
of human trafficking and human smuggling is a preventive and repressive effort in order to prevent
the occurrence of human trafficking and human smuggling crimes (Bondi et al., 2023).
Law Number 6 of 2011 concerning Immigration regulates preventive and repressive efforts in
handling cases of Irregular Migration in Indonesia, which are listed in Article 89, paragraphs 1, 2
and 3,: (Sumolang, 2020)
1. The Minister or Immigration Officer who is appointed to carry out preventive and repressive
efforts in order to prevent the occurrence of human trafficking and human smuggling.
2. Preventive efforts as intended in paragraph (1) shall be carried out by:
a. Exchange of information with other countries and related agencies in the country,
including modus operandi, supervision and security of Travel Documents, as well as the
legitimacy and validity of documents.
b. Technical cooperation and training with other countries include humane treatment of
victims, security and quality of travel documents, detection of fake documents, exchange
of information, as well as monitoring and detection of human smuggling by conventional
and non-conventional means.
c. Provide legal counselling to the public that human trafficking and human smuggling are
criminal offences so that people do not become victims.
d. Guarantee that the issued travel or identity documents are of good quality so that they
are not easily misused, forged, altered, imitated, or illegally issued.
e. Ensure the integrity and security of travel documents issued or issued by or on behalf of
the country to prevent the unlawful creation of such documents in terms of their issuance
and use.
4. Repressive efforts, as referred to in paragraph 1, are carried out by:
a. Immigration Investigation of Perpetrators of Human Trafficking and Human Smuggling.
b. Immigration administrative actions of perpetrators of criminal acts against human
trafficking and human smuggling.
c. Cooperation in the field of investigation with other law enforcement agencies.
Furthermore, the criminal provisions of Article 120 and Article 126, Letter B of the
Immigration Law have a cumulative nature, which means that the punishment given to a person
(perpetrator) is double the violation that has been committed, such as criminal punishment, fines
and imprisonment. This cumulative punishment occurs when one person commits two or more
criminal acts at the same time. Criminal sanctions related to cases of illegal immigrants in the field
of immigration according to the criminal provisions regulated in Law Number 6 of 2011 are as
follows: (Alfarizi & Syahada, 2019)
1. Article 120 contains sanctions: Human Smuggling Cases are subject to imprisonment for a
minimum of 5 (five) years, a maximum of 15 (fifteen) years, and a fine of at least
Rp.500,000,000.00 (five hundred million rupiahs), and a maximum of Rp.1,500,000,000.00
(one billion five hundred million rupiahs).
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2. Article 126 letter b contains sanctions: Using the Travel Document of the Republic of
Indonesia of another person or who has been revoked or declared void to enter or exit
Indonesian territory without rights shall be sentenced to a maximum of 5 (five) years in
prison and a maximum fine of Rp.500,000,000.00 (five hundred million rupiah).
3. Article 130 contains sanctions: Any person who deliberately and unlawfully possesses a
Travel Document or other Immigration Document belonging to another person shall be
sentenced to imprisonment for a maximum of 2 (two) years and a maximum fine of
Rp.200,000,000.00 (two hundred million rupiahs).
According to researchers, preventive and repressive efforts in handling migration cases in
Indonesia are very important to be overcome effectively. Preventive efforts include counselling and
educating the public about the dangers and consequences of illegal migration, as well as increased
cooperation with countries of origin and destinations of migrants to address the root causes of
irregular migration. In addition, the government has also strengthened surveillance at the country's
borders and entrances to prevent the entry of illegal migrants. On the other hand, repressive efforts
are carried out with strict law enforcement against smuggling and human trafficking perpetrators,
as well as sanctions for those involved. This combination of preventive and repressive measures is
expected to reduce cases of irregular migration and protect the rights of migrants.
Bali Process as a Form of International Cooperation in Handling Irregular Migration Cases in
Indonesia
Every country has the right to its territory. The rights owned by this state are full sovereignty
for the state, which ultimately gives birth to the arrangement that the state has the right to refuse
foreign parties to enter its territory. The state also has the right to provide conditions for foreigners
to enter its sovereign territory. This sovereignty is necessary to maintain the security of a country as
well as the social stability and order of the country. All of these rights are then enshrined in an
immigration regulation. If the immigrant does not meet the requirements and processes in carrying
out immigration, then this condition is considered illegal immigration or illegal immigration. In
Indonesia, this regulation is outlined in the immigration law (Manurung & Ridollah, 2021).
In Indonesia, regulations regarding immigration are regulated in Law No. 6 of 2011
concerning Immigration, Law No. 12 concerning citizenship, Law No. 5 of 2009, Law No. 14 of 2009,
and Law No. 15, which refers to the ratification of international protocols related to the handling of
immigrants. The implementation of immigrant handling is a step that requires the cooperation of
various parties to ensure that the process runs properly and fulfils human rights without disturbing
the country's sovereignty.
The Bali Process is a regional cooperation forum formed with the aim of increasing
cooperation and increasing regional awareness of the problem of human smuggling and
transnational crime. The Bali Process is a forum for policy dialogue, information exchange and
practical cooperation to help the region in facing these challenges. The Bali Process's strategy for
working together, including in organising and implementing future programs, is directed by the
ministers. The Bali Process, chaired by Indonesia and Australia, has more than 48 members,
including the United Nations High Commissioner for Refugees (UNHCR), the International
Organization for Migration (IOM), and the United Nations Office of Drugs and Crimes (UNODC), as
well as other observer countries and international agencies (Ismail & Burhanuddin, 2019).
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Bali Process has its head office, The Regional Support Office (RSO). The RSO was established to
support and strengthen cooperation and to protect migrants and international migrants, including
victims of human trafficking and smuggling. Cooperation in the Bali Process aims to achieve several
important goals in the context of irregular migration and human trafficking in the region. The main
objectives of the Bali Process in this international cooperation include: (Dewi et al., 2023)
1. Exchange of Information encourages the exchange of information between member states on
irregular migration, including smuggling and trafficking of persons. This exchange of
information aims to enhance a shared understanding of trends, patterns, and practices related
to illegal migration and human trafficking.
2. Law Enforcement Cooperation, increasing cooperation in law enforcement to tackle human
smuggling and human trafficking. This includes collaboration in the investigation, arrest, and
prosecution of perpetrators of crimes, as well as the repatriation of victims to their countries
of origin.
3. Border and Visa System Cooperation, increasing cooperation in the development of effective
border and visa systems to detect and prevent irregular human movement. This includes
cooperation in the use of technology and border policies aimed at reducing the risk of illegal
migration and human trafficking.
4. Public Awareness Enhancement, rallying support and raising public awareness about crimes
related to irregular migration, such as human smuggling and human trafficking. This is
through information and education campaigns to increase understanding of the risks and
negative impacts of illegal migration and human trafficking.
5. The drafting of the National Law encourages member states to adopt national laws that
criminalize smuggling and human trafficking. This move aims to strengthen the legal
framework for dealing with this crime at the national level.
6. Victim Protection, increasing the protection of victims of human trafficking, especially women
and children. This involves efforts to provide shelter, rehabilitation services, and psychosocial
support for victims, as well as improve their access to the justice system.
7. Root-cause treatment discusses and addresses the root causes of irregular migration, such as
political instability, poverty, conflict, and human rights violations. It involves cooperation in
prevention and recovery efforts, including through development programs and partnerships,
to create better economic and social opportunities for communities.
8. Asylum Management: providing assistance and support to member states in managing asylum
in accordance with the principles of the Refugee Convention. This includes cooperation in
capacity building, information exchange, and the fulfilment of asylum seekers rights.
Cooperation between Indonesia and Australia to tackle irregular migration in the Bali Process
has resulted in several equal partnership cooperation in an MOU. As agreed at the Bali Procces
meeting in 2002, cooperation between countries of origin, transit and the goal of stopping illegal
migration, the issues of human smuggling, human trafficking and related transnational crimes have
been discussed together. These efforts were strengthened in the Lombok Agreement in 2006,
including with the cooperation of naval patrols, especially between Indonesia and Australia. In
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2012, the two countries again made an agreement to increase joint patrols in waters that are traffic
for irregular migrants (Rafiki, 2017).
According to Australian authorities, the decision will also reduce the intake of Australian
refugees and asylum seekers from Indonesia registered with UNHCR before July 1 with a more
limited number of places. Previously, Indonesia and Australia have collaborated in handling asylum
seekers within the framework of the Bali Process, which includes cooperation in handling illegal
immigrants and asylum seekers. Indonesia views and responds to the refugee issue as a universal
human rights issue. As an active member of the United Nations (UN), Indonesia has the
responsibility to uphold and uphold human rights, not only for Indonesian citizens but also for the
world community as the embodiment of the Indonesian nation's goals, as stated in paragraph 4 of
the preamble to the 1945 Constitution (Akase et al., 2023).
Based on data reported by UNHCR related to the problem of irregular migration, Indonesia
found that in 2016, there were 13,829 people; in 2017, there were 13,840 people; in 2018 there
were 15,562 people in 2018; and as many as 13,657 people in 2019, and as many as 11,131 people
in 2020 entered Indonesian territory. This has resulted in Indonesia continuing to make every effort
to stem this irregular migration problem. One of them is collaborating with Australia. There are
factors that cause cases of irregular migration, such as Indonesia's strategic geographical location
and being a country with a wider sea area, high poverty rates, lack of knowledge of Indonesian
citizens related to human trafficking and human smuggling crimes, and lack of a legal umbrella that
regulates human trafficking and smuggling in Indonesia. This cooperation at least provides
advantages for Indonesia in handling irregular migration cases to get assistance from foreign
countries. The cooperation between Indonesia and Australia actually had a significant impact, which
then made human trafficking cases in Indonesia vulnerable in 2016-2019, decreasing every year.
Efforts to handle and protect irregular migration in the Bali process are carried out by paying
attention to the policies of each country with a comprehensive regional approach in accordance
with the principles of Burden sharing and collective responsibility. In addition to using these
principles, this forum also emphasizes state cooperation with international organizations, the
business/private sector, and civil society in handling the issue of irregular migration. The principle
of burden sharing means that the member countries of the Bali Process forum cannot throw the
burden on other countries because the burden obtained by the members of the Bali Process is equal.
Meanwhile, collective responsibility means shared responsibility between the country of origin,
transit and destination of irregular migrants. The Bali Process, in this case, emphasizes that the state
must cooperate with international organizations, the business/private sector, and the role of civil
society, which has an important role in handling irregular migration because they are better able to
monitor when such cases occur (Aplugi et al., 2023).
The Lombok Treaty is a basic reference for the two countries in establishing various security
cooperation covering many fields, such as defence cooperation, law enforcement, counter-terrorism,
maritime security, and emergency response (Marini, 2018). In analyzing the cooperation between
Australia and Indonesia, it can be seen using the basic assumptions contained in the theory of
institutional liberalism put forward by Robert Keohane and Joseph Nye, which are as follows:
1. Trust in Cooperation; Australia and Indonesia's cooperation through the Bali Process shows
their belief that working together is better than acting alone in handling the problem of
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irregular migration. Both countries believe that through regional cooperation, better results
can be achieved in addressing this complex challenge.
2. International Regime; The Bali Process as a regional forum is an example of an international
regime that regulates cooperation between countries in handling irregular migration.
Australia and Indonesia, as active members of this forum, follow the rules and norms set by
the Bali Process to achieve common goals in addressing this issue.
3. Complex Dependency; Australia's and Indonesia's dependence on each other in terms of
regional security and economic stability has prompted the two to work together through the
Bali Process to address the problem of irregular migration. Both recognize that the stability of
one country can affect the stability of another and that regional cooperation is necessary to
achieve common goals.
4. Interdependence; Cooperation between Australia and Indonesia through the Bali Process also
reflects the understanding that the actions of one country can have an impact on other
countries on the issue. Therefore, both strive to achieve a mutually beneficial solution through
good cooperation in this forum.
One of the efforts to overcome human smuggling is to prevent it by strengthening information
programs to increase public awareness of human smuggling crimes. To overcome the problem of
smuggling people, various efforts and cooperation are needed by the authorities by involving
community participation. The form of cooperation of law enforcement officials by arresting
smugglers can at least reduce the crime rate for now, but it is possible that this transnational crime,
if not handled immediately, can become a flow of movement and displacement that can be used by
any party, especially countries that have political interests with Indonesia. Efforts to combat human
smuggling in Indonesia involve various steps taken by the government, law enforcement agencies,
and non-governmental organizations. The efforts to overcome people smuggling carried out in
Indonesia are as follows: (Junef, 2020)
1. Through border controls aimed at limiting the movement of illegal immigrants and smugglers.
2. Through deportation and the ratification of policies in Indonesia in its implementation,
deportation cannot be carried out if there is no refugee status granted by UNHCR, so a policy
endorsement from the government regarding the status of these immigrants is needed.
3. Through inspections and reviews of work sites, conducting raids and strict sanctions against
human smuggling agents.
The Bali Process, as a form of international cooperation in handling irregular migration cases
in Indonesia, can be associated with the theory of constitutional liberalism, which emphasizes the
importance of the rule of law, democracy and human rights in international relations. As a regional
forum that brings together countries to discuss and cooperate in addressing the problem of
irregular migration, the Bali Process reflects the principles of constitutional liberalism by
championing the protection of migrant rights and joint efforts to achieve a just and sustainable
solution. Through the Bali Process, Indonesia as the host country and an active member of the
forum, plays a role in promoting the values of constitutional liberalism by supporting the
establishment of international legal rules that regulate the protection of migrants, increasing
transparency in the migration process and increasing international cooperation in handling
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irregular migration cases involving Indonesia as a transit country. Thus, the Bali Process can be seen
as a concrete manifestation of the principles of constitutional liberalism in an effort to create a more
just and humane international system in dealing with migration issues.
From the explanation above, the researcher concludes that the Bali Process is a very
important form of international cooperation in handling cases of irregular migration in Indonesia
because, through this forum, Indonesia and other countries can share information, experiences, and
strategies to overcome this problem comprehensively. Through the Bali Process, member states are
working together to strengthen border surveillance systems, increase law enforcement capacity,
and improve protection mechanisms for migrants. This cooperation also includes the formulation of
more effective joint policies and harmonization of rules that can minimize loopholes for illegal
migration. With the Bali Process, Indonesia is not only able to deal with the problem of irregular
migration more effectively but also strengthens its position in international cooperation in the Asia-
Pacific region.
Obstacles and Challenges in Handling Irregular Migration Cases in Indonesia
Indonesia is not a country that has ratified the convention and protocol; Indonesia remains
committed to providing protection to refugees and asylum seekers as reflected in international
provisions in general until the issuance of Presidential Regulation No. 125 of 2016, which made
Indonesia have guidelines for handling refugees and asylum seekers. This can be considered that the
Indonesian government's policy is supportive of the success of the policy carried out by Australia. In
this case, Australia's efforts to carry out burden shifting to Indonesia can avoid violations of
international obligations such as the Refugee Convention. On the other hand, Indonesia's status as
not ratifying the 1951 Refugee Convention and the 1967 Protocol causes Indonesia to have no
authority to provide refugee status claims or called Refugee Status Determination (RSD) (Iki et al.,
2024). The inhibiting factors in efforts to overcome irregular migration in Indonesia are as follows:
(Rafiki, 2017)
1. Australia's attitude is outlined in its foreign policy towards irregular migration which rejects
the entry of refugees into its country. Australia's securitization of migration makes it more
difficult for asylum seekers who want to reach their destination country. As a consequence,
they use the services of human smuggling networks so that transnational crime is growing.
Some irresponsible parties will take advantage of the refugees' situation and try to smuggle
them into Australian territory. Australia's policies towards asylum seekers have further
complicated efforts to cooperate in tackling irregular migration, which is the goal of the Bali
Process. Australia's stance tends to impose unilateral policies that are not always in line with
multilateral efforts.
2. The case of wiretapping carried out by Australia against Indonesian officials and interests.
The issue of immigrants is often a hindrance in the relationship between Indonesia and
Australia. Various events have disrupted bilateral relations between the two countries and
made it increasingly difficult to continue to cooperate to overcome irregular migration.
Mistrust between the two countries hampers coordination and joint efforts to address the
problem of illegal migration.
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3. The growing conflict in the Middle East. The growing conflict in the Middle East and South
Asia has led to an increase in the number of refugees and migrants trying to seek refuge in
other countries, including Indonesia. Indonesia faces major challenges in dealing with the
increasing number of refugees. Limited resources and infrastructure to manage refugees are
significant obstacles. As long as the conflicts in the Middle East and South Asia are not
resolved, migration flows will not decrease. Efforts to combat irregular migration will always
face major challenges as long as the situation in the countries of origin of migrants is unstable.
So, in this case, there are several challenges in handling irregular migration cases in Indonesia,
which are as follows:
1. Limited resources; Indonesia has limited human, financial, and technical resources for
managing and monitoring the movement of illegal migrants. This makes it difficult for the
government to identify and handle cases of irregular migration effectively.
2. Regulatory Complexity; Complex and multi-layered regulations related to migration in
Indonesia often confuse and complicate the process of handling irregular migration cases.
Coordination between government agencies and a poor understanding of regulations can be
obstacles.
3. High demand for foreign workers; Indonesia's high demand for foreign workers can
encourage the emergence of illegal migration practices. Efforts to overcome this must be in
accordance with the workforce's needs and applicable regulations.
4. Uncertainty of legal status; Migrants who enter illegally often face uncertainty of legal status,
which can leave them vulnerable to exploitation, abuse, and violence.
5. Regional and International Cooperation; Given that migration is a cross-border issue, strong
regional and international cooperation is urgently needed. Challenges related to coordination
between countries in handling cases of illegal migration are also an important factor in
handling irregular migration cases in Indonesia.
In handling Irregular Migration cases, Indonesia faces various obstacles and complex
challenges. One of the main obstacles in handling irregular migration cases is the limitation of
resources, both in terms of budget and manpower, which makes surveillance at the border and law
enforcement less than optimal. Another challenge is the high level of corruption which can disrupt
the law enforcement process and facilitate the passage of illegal migration. In addition, Indonesia
also has to deal with smuggling syndicates that are increasingly sophisticated and organized. The
lack of cooperation between countries in sharing information and experiences is also an obstacle,
coupled with the difficulty of identifying and assisting victims of human trafficking. All of these
obstacles and challenges require a coordinated and comprehensive approach to be addressed
effectively.
4. Conclusion
Indonesia plays an important role in tackling illegal migration and transnational crimes such
as smuggling and human trafficking in the Asia-Pacific region through the Bali Process. Although
Indonesia has not ratified the 1951 Refugee Convention, it still provides protection to refugees and
asylum seekers based on humanitarian principles. Selective immigration policies are implemented
to ensure security and regulatory compliance. Geographical factors and high poverty rates
contribute to the increase in cases of illegal migration. Law enforcement efforts, such as
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surveillance, immigration measures, and immigration quarantines, are part of Indonesia's strategy
to address this issue. Preventive and repressive are the main approaches: community counseling,
increased international cooperation, border control, and law enforcement against traffickers and
human smuggling. Through the Bali Process, Indonesia is working with other countries to share
information and strategies, improve border surveillance, law enforcement capacity, and protection
for migrants. This cooperation strengthens Indonesia's position in tackling illegal migration and
supporting regional stability. However, Indonesia faces obstacles such as limited resources, high
levels of corruption, sophisticated smuggling syndicates, and a lack of international cooperation in
information sharing. To address this, a coordinated and comprehensive approach is needed.
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