1

ii
KEYNOTE FROM THE NATIONAL
CHAIRMAN OF ATTF

T
he crime of trafficking in persons (TIP) is the heaviest crime against humanity
that occurs in the world, with a total of 24.9 million victims. In Indonesia, there
were thousands of victims of TIP in the 2015-2019 period. The majority of them
were adult women (around 77%).

The government has made combating the crime of trafficking in persons an important
focus, because it is a form of transnational crime against the dignity of humanity and
violates human rights. The seriousness of the government is manifested by issuing Act
Number 21 of 2007 concerning the Eradication of TIP.

Through the Presidential Regulation Number 69 of 2008, to strengthen efforts to

eradicate TIP, the government established Anti-Trafficking Task Force (ATTF) led
by the Coordinating Minister for Human Development and Culture (previously the
Coordinating Minister for People’s Welfare). The Daily Chairman is the Minister for
Women’s Empowerment and Child Protection (previously the State Minister for
Women’s Empowerment), with 19 Ministers and Heads of Institutions as members.
The government also published a National Action Plan for ATTF as a guide for the Task
Force in carrying out it and as a reference for local governments in preparing a Sub-
national Action Plan for TIP.

During the period of 2015-2019, a number of achievements of the Task Force can be
noted. The establishment of 32 Provincial Task Forces and 245 Sub-Province Task
Forces is one of them. In addition, Community Watch (CW) has been established in
31 provinces, covering 320 villages and 1,681 agents of change. CW is a model of
TIP prevention at the grassroots level by involving community participation, including
traditional leaders, religious leaders, community leaders, village/ village heads, PKK
(Family Welfare Development), Youth Organization, NGOs, educators, students, and
others.

iii
C omprehensive and sustainable
socialization and advocacy are also
carried out to build understanding and
an understanding that the legal process
is useful to ensure the fulfillment of
victims’ rights. In addition, law enforcers
awareness of all stakeholders down to the should be able to change their mindset
grassroots level. to be more victim-oriented than to the
perpetrator. The TF must also have an
The government has 27 units of Trauma integrated database through an online
Center Safe House (RPTC) that provide system accompanied by a good evaluation
integrated services, both as crisis centers mechanism. Other related regulations,
and traumatic centers for victims of such as technical guidelines for health
violence. It also provided social guidance rehabilitation financing from the center
for TIP victims to stop them from being to the regions, need to be formulated to
victims in the future. strengthen the handling of TIP victims.

In terms of regulations, the Government We convey our appreciation for the hard
committed to guarantee compensation work and tirelessness of the ministries/
for TIP victims by issuing the Government institutions that are members of the ATTF
Regulation Number 7 of 2018 concerning and civil society who care about it. Hopefully
Providing Compensation, Restitution and the well-established cooperation can get
Assistance to the victims of TIP. closer and better in order to protect all
The ATTF is still expected to be able to citizens from the TIP.
further improve its performance. Among
other things, in the field of prevention, Hopefully this report can provide an
the dissemination of information related overview of the implementation of the ATTF
to the placement and protection of IMW and can be a useful source of information
(Indonesian Migrant Workers) must be for improving the implementation and
carried out on an ongoing basis. In the handling of victims of trafficking in persons
field of victim protection, apart from in Indonesia.
assisting victims, the TF needs to provide

Coordinating Minister of Human Development and Culture,

Republic of Indonesia

Muhadjir Effendi

iv
KEYNOTE FROM THE DAILY
CHAIRMAN OF ATTF

Best wishes for all of us.

P
raise be to, and my gratitude for the presence of Almighty God, because for His
blessings and grace the “Report on the Implementation of the Prevention and
Response to the Crime of Trafficking in Persons for 2015-2019” by the ATTF
at the National Level was well written. This report is the mandate of Law Number 21
of 2007 on eradication of TIP and Presidential Regulation Number 69 of 2008 on the
ATTF.

After thirteen years of implementing Law Number 21 of 2007, the ATTF faces quite
a number of challenges and obstacles in carrying out its duties. For this reason, we,
as the Daily Chairman of the National ATTF, convey the highest appreciation to all
members of the ATTF, both at the national and sub-national levels for their performance
in combating TIP during this period of 2015-2019. However, the Task Force should not
be complacent and careless because we still have much to improve its implementation
to provide protection for all Indonesian citizens from this heinous crime/practice.
Therefore, we need to improve collaboration, synergy and synchronization of the work
of all stakeholders at the national to sub-national levels.

Finally, we would like to express our deepest gratitude to all ministries/ agencies,
community institutions, development partners, and all parties who have provided
constructive input in the process of compiling this report. We hope that this report
could become a reference in making decisions and formulating policies related to ATTF
Apart from that, it can also serve as a guide regarding what performance should be
maintained, improved, and initiated.

Minister of Women Empowerment and Child Protection

I Gusti Ayu Bintang Darmawati

v
TABLE OF CONTENTS
KEYNOTE FROM THE NATIONAL CHAIRMAN OF ATTF ___________________________ iii
KEYNOTE FROM THE DAILY CHAIRMAN OF ATTF ________________________________ v
TABLE OF CONTENTS __________________________________________________________ vi
LIST OF TABLES _______________________________________________________________ viii
REPORT SUMMARY ___________________________________________________________ xvii
CHAPTER 1 – INTRODUCTION __________________________________________________ 2
1.1 Background ______________________________________________________________ 3
1.2 General Picture of TIP _____________________________________________________ 5
1.3 Structure and Implementation of ATTF ______________________________________ 14
CHAPTER 2 – PREVENTION ____________________________________________________ 19
2.1 Achievements ___________________________________________________________ 22
2.2 Challenges and Problems _________________________________________________ 41
2.3 Recommendation ________________________________________________________ 42
CHAPTER 3 – HANDLING ______________________________________________________ 43
3.1 Health Rehabilitation _____________________________________________________ 45
3.1.1 Achievement _______________________________________________________ 47
3.1.2 Challenges and Problems ____________________________________________ 53
3.1.3 Recommendation __________________________________________________ 54
3.2. Social Rehabilitation, Repatriation, and Reintegration ________________________ 55
3.2.1 Achievements _____________________________________________________ 57
3.2.2 Best Practices _____________________________________________________ 71
3.2.3 Problems and Challenges ___________________________________________ 78
3.2.4 Recommendation __________________________________________________ 80
CHAPTER 4 – LAW ENFORCMENT _____________________________________________ 81
4.1 Investigation ____________________________________________________________ 84
4.1.1 Achievement _______________________________________________________ 84
4.1.2 Challenges and Problems ____________________________________________ 89
4.1.3 Recommendation ___________________________________________________ 89
4.2. Prosecution _____________________________________________________________ 90
4.2.1 Target _____________________________________________________________ 90
4.2.2 Challenges and issues _______________________________________________ 99
4.2.3. Recommendation __________________________________________________ 99
4.3. Court Sector ___________________________________________________________ 100
4.3.1 Outcomes _________________________________________________________ 101
4.3.2 Best Practices _____________________________________________________ 107
4.3.3 Challenges and Problems ___________________________________________ 115
4.3.4 Recommendations _________________________________________________ 115
4.4. Field of Witness and Victim Protection _____________________________________ 116
4.4.1. Achievement ______________________________________________________ 116
vi
 4.4.2. Best Practices ____________________________________________________ 121
4.4.3. Challenges and Problems __________________________________________ 137
4.4.4. Recommendation _________________________________________________ 139
4.5 Financial Transaction Reports and Analysis Center (INTRAC) __________________ 141
4.5.1. Achievements _____________________________________________________ 141
4.5.2 Challenges and Problems ___________________________________________ 146
4.5.3 Recommendation __________________________________________________ 147
4.6 Capacity Building of the Law Enforcement Officers ___________________________ 147
CHAPTER 5 – DEVLOPING LEGAL NORMS _____________________________________ 151
5.1 Achievement ____________________________________________________________ 155
5.1.1 Criminal Code Bill __________________________________________________ 155
5.1.2 Draft of Government Regulation on the Guidelines for the Registration of
Children’s Cases __________________________________________________ 161
5.1.3 Draft of Government Regulation on the Implementation of Coordination,
Monitoring, Evaluation and Reporting Procedures _____________________ 161
5.1.4 Draft of Government Regulation on the Guidelines for the Implementation of
Diversion and Handling of Children under 12 Years Old _________________ 162
5.1.5 Draft of Presidential Regulation on Integrated Education and Training for
Law Enforcers and Related Parties regarding the Juvenile Criminal
Justice System ____________________________________________________ 162
5.1.6 Handling of Victims of TIP and Human Smuggling in Act Number 6 of
2011 on Immigration _______________________________________________ 162
5.1.7 Ratification of ASEAN Convention on TIP, Especially Women and Children
(ACTIP) ___________________________________________________________ 163
5.2 Challenges and Problems ________________________________________________ 166
5.3 Recommendation _______________________________________________________ 166
CHAPTER 6 – COORDINATION AND COOPERATION ___________________________ 167
6.1 Government ___________________________________________________________ 169
6.1.1 Achievements _____________________________________________________ 169
6.1.2 Challenge and Problem _____________________________________________ 176
6.1.3 Recomendation ____________________________________________________ 176
6.2 Regional Government ____________________________________________________ 177
6.2.1 Achievements _____________________________________________________ 177
6.2.2 Challenge and Problem _____________________________________________ 178
6.2.3 Recomendation ____________________________________________________ 178
6.3 International Collaboration ________________________________________________179
6.3.1 Multilateral ________________________________________________________ 179
6.3.2 Regional___________________________________________________________185
6.3.3 Challenge and Problem______________________________________________190
6.3.4 Recomendation____________________________________________________ 191
Appendix__________________________________________________________________ 192

vii
LIST OF TABLES
TABLE 1 : OLD AND NEW TIP MODES ........................................................................ 6
TABLE 2 : INDONESIAN CITIZEN TIP VICTIMS ABROAD DURING YEARS 2015-
2019 .............................................................................................................. 8
TABLE 3 : NUMBER OF ANALYSIS RESULT SUBMITTED TO INVESTIGATOR
BASED ON PREDICATE OFFENSE ........................................................... 11
TABLE 4 : CUMULATIVE NUMBER OF COURT VERDICT RELATED TO MONEY
LAUNDERING CRIME BY PREDICATE OFFENCE ................................... 12
TABLE 5 : HEAT MAP SRA TIP BASED ON GEOGRAPHICAL LOCUS .................... 13
TABLE 6 : STRUCTURE AND IMPLEMENTATION COORDINATION MECHANISM
OF ATTF ...................................................................................................... 15
TABLE 7 : 2019 DISTRICT/CITY PRONE TO TIP LOCUS ......................................... 25
TABLE 8 : IDENTIFICATION OF TIP POTENTIAL WITH LABOR MODE .................. 30
TABLE 9 : LOCATION DISTRIBUTION OF THE COMMUNITY OF MIGRANT
WORKERS FAMILIES OF 2017-2018 ....................................................... 36
TABLE 10: DATA FOR THE ESTABLISHMENT OF COMMUNITY FOR THE
PREVENTION AND HANDLING OF TIP (TIP-CW) ................................... 38
TABLE 11: NUMBER OF DEPARTURE POSTPONE IN IMMIGRATION
CHECKPOINTS IN 2017-2019 .................................................................. 40
TABLE 12: COMMUNITY HEALTH CENTERS CAPABLE OF KTP/A AND TIP
GOVERNANCE ........................................................................................... 49
TABLE 13: HOSPITALS CAPABLE OF KTP/A INCLUDING TIP GOVERNANCE ...... 50
TABLE 14: LIST OF HEALTH SERVICE FACILITIES FOR TROUBLED INDONESIAN
MIGRANT WORKERS FROM ABROAD .................................................... 51
TABLE 15: REHABILITATION, REPATRIATION, AND SOCIAL REINTEGRATION
PROGRAM IN THE YEAR 2019 ................................................................. 58
TABLE 16: SOCIAL GUIDANCE TO TIP VICTIMS INDONESIAN MIGRANTS ...........59
TABLE 17: DATA OF VICTIMS OBTAINING SOCIAL REHABILITATION IN RPTC ... 61
TABLE 18: TRAUMA CENTRE SAFE HOUSE CLIENT BY CASE ............................... 61
TABLE 19: DATA INDONESIAN EMBASSY SENDING TIP VICTIMS REHABILITATED
IN BAMBU RPTC ........................................................................................ 63
TABLE 20: REPATRIATION OF TROUBLED INDONESIAN MIGRANT FROM
MALAYSIA BY YEAR ................................................................................. 64

viii
TABLE 21: INTERVENTION OF MINISTRY OF SOCIAL AFFAIRS ON SOCIAL
REINTEGRATION THROUGH PRODUCTIVE ECONOMIC BUSINESS
FOR RELIANCE OF TIP VICTIMS .............................................................. 66
TABLE 22: INTERVENTION OF MINISTRY OF SOCIAL AFFAIRS, RELATED TO
SOCIAL REINTEGRATION FOR VIOLENCE VICTIMS ............................. 68
TABLE 23: DATA OF TRAUMA CENTER AND WOMEN SOCIAL PROTECTION SAFE
HOUSE IN INDONESIA .............................................................................. 69
TABLE 24: CHILDREN SOCIAL PROTECTION SAFE HOUSE IN INDONESIA ......... 70
TABLE 25: CRIMINAL ACT AND CRIMINALIZATION OF TIP PERPETRATOR
ACCORDING TO ACT NUMBER 21 OF 2007 ........................................... 92
TABLE 26: RECAPITULATION OF TIP CASES ............................................................ 97
TABLE 27: SUMMARY OF TIP CASES BY HIGH PROSECUTOR OFFICE ................ 98
TABLE 28: NUMBER OF CASES ON ERADICATION OF TIP BY THE HIGH COURT
FOR 2018 .................................................................................................. 102
TABLE 29: NUMBER OF CASES ON ERADICATION OF TRAFFICKING IN PERSONS
BY THE HIGH COURT FOR 2019 ............................................................ 103
TABLE 30: TOTAL PROTECTED THROUGH THE TIP WITNESS AND/OR VICTIM
PROTECTION BY LPSK ........................................................................... 116
TABLE 31: TOTAL SERVICES THROUGH THE TIP WITNESS AND/OR VICTIM
PROTECTION PROGRAM BY LPSK ....................................................... 117
TABLE 32: TOTAL PROTECTION SERVICES THROUGH THE TIP WITNESS AND/OR
VICTIM PROTECTION BY LPSK .............................................................. 118
TABLE 33: TOTAL THE PROTECTED RECEIVING RESTITUTION THROUGH THE
WITNESS OR VICTIM PROTECTION PROGRAM OF LPSK ................. 120
TABLE 34: RESTITUTION LIST CALCULATED BY LPSK ......................................... 132
TABLE 35: LIST OF COURT VERDICT ON THE CASE OF BENJINA ....................... 135
TABLE 36: DEVELOPMENT IN THE NUMBER OF STR RECEIVED BY INTRAC
BASED ON ALLEGATIONS OF PREDICATE OFFENCE ........................ 144
TABLE 37: DEVELOPMENT OF THE NUMBER OF ANALYSIS RESULT
DELIVERED TO INVESTIGATORS BASED ON ALLEGATION OF
PREDICATE OFFENCE ............................................................................ 145
TABLE 38: DATA OF LAW ENFORCEMENT PERSONNEL THAT HAVE BEEN
TRAINED BY THE MINISTRY OF WOMEN EMPOWERMENT AND
CHILDREN PROTECTION ....................................................................... 149

ix
LIST OF FIGURES
FIGURE 1 : ROUTE OF HUMAN TRAFFICKING CRIME ................................................ 7
FIGURE 2 : 2017 – 2019 TIP PREVENTION PROGRAM LOCUS ................................ 24
FIGURE 3 : HEALTH SERVICES FOR TROUBLED INDONESIAN MIGRANT
WORKER ..................................................................................................... 48
FIGURE 4 : PROCESS FLOW OF REPATRIATION OF TROUBLED INDONESIAN
MIGRANT FROM MALAYSIA TO THEIR HOME ORIGIN ........................ 65
FIGURE 5 : DATA OF TIP CASE HANDLING ............................................................... 85
FIGURE 6 : RESTITUTION SUBMISSION MECHANISM .......................................... 106
FIGURE 7 : UNFULFILLED RESTITUTION SCHEME .................................................107

x
LIST OF CHARTS
CHART 1 : NUMBER OF ATTF ..................................................................................... 17
CHART 2 : TOTAL POLICE REPORT ON TIP .............................................................. 85
CHART 3 : CLASSIFICATION OF POLICE REPORTS AMOUNT ............................... 86
CHART 4 : TIP CASES BY MODES .............................................................................. 87
CHART 5 : NUMBER OF THE SUSPECTS OF TIP BY YEAR ...................................... 88
CHART 6 : RECAPITULATION OF CRIMINAL TIP SPECIFIC CASSATION ............ 101
CHART 7 : TOTAL SERVICES THROUGH THE TIP PROTECTION OF WITNESS
AND/OR VICTIM PROTECTION BY LPSK 2015 - 2019 ......................... 119

xi
GLOSARIUM

AAPTIP : Australia-Asia Program to Combat Trafficking in Persons

ACTIP : ASEAN Convention Against Trafficking in Persons, Especially
Women and Children
AICHR : ASEAN Intergovernmental Commission on Human Rights
AML : Anti Money Laundering
AP : Associated Press
APG : Asia-Pacific Group on Money Laundering
ARF : ASEAN Regional Forum
ASEAN-ACT : ASEAN-Australian Counter Trafficking
ASEANAPOL : ASEAN National Police
ATM : Automated Teller Machine

ATTF: Anti-Trafficking
Task Force

BMOIWI : Badan Musyawarah Organisasi Islam Wanita Indonesia

(Consultative Board of Organizations of Indonesian Moslem
Women)
BNP2TKI : Badan Nasional Penempatan dan Perlindungan Tenaga Kerja
Indonesia (National Agency for Placement and Protection of
Indonesian Migrant Workers)
BP2MI : Badan Perlindungan Pekerja Migran Indonesia (Indonesian
Migrant Workers Protection Agency)

xii
BP3TKI : Balai Pelayanan Penempatan dan Perlindungan Tenaga Kerja
Indonesia (Indonesian Migrant Worker Placement and Protection
Service Agency)
CDF : Child Detention Facilites
CHB : Clean Healthy Behavior
CC : Correctional Center
CID-INP : Criminal Investigation Division of Indonesia National Police
CIA, POLRI : Crime Investigation Agency of Police of Republic of Indonesia
CIQ : Custom Immigration Quarantine
CPMI : Calon Pekerja Migran Indonesia (Indonesian Migrant Worker
Candidate)
CSIMW : Computerized System of Indonesia Migrant Workers
CSOs : Civil Society Organizations
CTIP : Combating Trafficking in Person
CTKI : Calon TKI (Indonesian Migrant Worker Candidate)
CW : Community Watch
DCC : Draft Criminal Code
Desbumi : Desa Peduli Buruh Migran (Migrant Workers Caring Village)
Desmigratif : Desa Migran Produktif (Productive Migrant Village)
DPRI : Dokumen Perjalanan Republik Indonesia (Travel Document of
Republic of Indonesia)
DtZ : Down to Zero
DW : Domestic Workers
Fasyankes : Fasilitas Pelayanan Kesehatan (Health Care Facilities)
FATF : Financial Action Task Force
FGD : Focus Group Discussion
FIU : Financial Intelligence Unit
GABF : Government and Business Forum
GCM : Global Compact for Safe, Orderly and Regular Migration
GFMD : Global Forum on Migration and Development
HR : Human Resources
HSU : The Heads of Specialist Anti-trafficking Units
IBC : Indonesian Broadcasting Commission
ICPC : Indonesian Child Protection Commission
ICT : Information and Communication Technology

xiii
IEC : Information and Education Communication
IMWU : Indonesian Migrant Workers Union
INCDs POST : Integrated Non-communicable Diseases Post
INTRAC : Indonesian Financial Transaction Reports and Analysis Centre
IOM : International Organization for Migration
IR : Investigation Report (BAP, Berita Acara Pemeriksaan)
ITDC : Indonesia Tourism Development Corporation
JCM : Joint Committee Meeting
KBRI : Kedutaan Besar Republik Indonesia (Embassy of the Republic of
Indonesia)
Kemenko PMK : Kementerian Menteri Koordinator Bidang Pembangunan
Manusia dan Kebudayaan (Coordinating Ministry for Human
Development and Culture))
KKBM : Komunitas Keluarga Buruh Migran (Migrant Worker Family
Community)
KPPM : Komunitas Purna Pekerja Migran (Community of Retired Migrant
Workers)
K-PPTPPO : Komunitas Pencegahan dan Penanganan Tindak Pidana
Perdagangan Orang (Prevention and Response to the Crime of
TIP Community)
KSP : Kantor Staf Presiden Republik Indonesia (The Presidential Staff
Office of the Republic of Indonesia)
LEO : Law Enforcement Officers
LPAD : Lembaga Perlindungan Anak Desa (Child Protective Services
Institution in rural areas)
LPKS : Lembaga Penyelenggaraan Kesejahteraan Sosial (Social Welfare
Institution)
LPSK : Lembaga Perlindungan Saksi dan Korban (Witness and Victim
Protection Agency)
LTKM : Laporan Transaksi Keuangan Mencurigakan (Suspicious
Financial Transaction Reports)
MOLIN : Mobil Perlindungan Perempuan Dan Anak (Car for Women and
Children Protection)
MOWECP : Ministry of Women’s Empowerment and Child Protection
MoU : Memorandum of Understanding
NAP CTIP : National Action Plan of Combating Trafficking In Persons

xiv
NFEU : Non Formal Education Units
NGO : Non Government Organization
NP : Non Procedural
NRA : National Risk Assessment
OHE POST : Occupational Health Efforts Post
P2TP2A : Pusat Pelayanan Terpadu Pemberdayaan Perempuan dan Anak
(Integrated Service Centre for the Empowerment of Women and
Children)
PMI : Pekerja Migran Indonesia (Indonesian Migrant Workers)
PP KtP/A : Pencegahan dan Penanganan Kekerasan terhadap Perempuan
dan Anak (Prevention and Response to Violence against Women
and Children)
PPTKIS : Pelaksana Penempatan Tenaga Kerja Indonesia Swasta
(Implementing Agency of Private Indonesian Worker Placement)
RPSA : Rumah Perlindungan Sosial Anak (Child Social Protection House)
RPSW : Rumah Perlindungan Sosial Wanita (Women’s Social Protection
House)
RPTC : Rumah Perlindungan/Trauma Center
RSO : Regional Support Office
RTMG : Risks, Trends and Methods Group
Sarkes : Sarana Kesehatan (Health Facility)
SCC : Supreme Court Circulars
SIAK : Sistem Informasi Administrasi Kependudukan (Population
Administration Information System)
SIMKIM : Sistem Informasi dan Manajemen Keimigrasian (Immigration
Management Information System)
SK : Surat Keputusan (Letter of Decree)
SOMTC : Senior Officials Meeting on Transnational Crime
SOP : Standar Operasional Prosedur
TF : Task Force
TFPP : Task Force on Planning and Preparedness
TG : Technical Guidance
TIP : Trafficking in Persons
TORLIN : Motor Perlindungan Perempuan Dan Anak (Motorcycle for
Women And Children Protection)
TOTC : Training of Trainer Candidates

xv
TPPU : Tindak Pidana Pencucian Uang (Crime of Money Laundering)
TVPA : The Trafficking Victims Protection Act of 2000
UEP : Usaha Ekonomi Produktif (Productive Economic Business)

UU PTPPO: Act no 21, 2007 on

eradication of TIP

WCPMIS : Women and Children Protection Management Information

System
WMW : Women Migrant Workers
VAWC : Victims of Violence Against Woman and Children
WNI : Warga Negara Indonesia (Indonesian Citizen)
WTC : Work Training Center
YKAI : Yayasan Kesejahteraan Anak Indonesia (Indonesian Children
Welfare Institution)
YPII : Yayasan Plan Internasional Indonesia (Plan International of
Indonesia Institution)

xvi
 S
R U
E M
P M
O A
R R
T Y
xvii
 Twelve years of implementing Act Number 21 of 2007
on Eradication of TIP, various advances have been made
and various challenges have been faced. The TIP is the
most heinous crime against humanity that occurs in the
world, with a total of 24.9 million victims.1

TIP happened to Indonesian citizens domestic and abroad 2 , while thousands of

expatriate victims of TIP have also been reported to have occurred in the territory of the
Republic of Indonesia in the last five years (2015-2019), among them foreign crew Thai-
flagged fishing ships operating in Indonesian territorial waters. Thousands of foreign
crew were then rescued and repatriated by the Indonesian government in early 2015
through coordination with various parties. 3 Based on reports, Indonesia is not only a
country of origin and destination, but also a transit country for trafficking in persons.

The government in the eradicating and preventing TIP refers to the

National Action Plan to Eradicate and Prevent the Crime of Trafficking in
Persons. The National Action Plan as a work program at the national level
is a reference in efforts to prevent, protect victims, law enforcement and
regional and international cooperation in CIP in

1
2019 Laporan Perdagangan Orang, Office to Monitor and Combat Trafficking in Persons,
Departement of State, United States of America, https://www.state.gov/wp-content/
uploads/2019/06/2019-Trafficking-in-Persons-Report.pdf

2
Data of 2015-2019 Ministry of Foreign Affairs of the Republic of Indonesia and CID-INP

3
Data of 2015-2019 Ministry of Marine Affairs of the Republic of Indonesia and International
Organization for Migration (IOM) Indonesia 2015-2019 Data, CID-INP

xviii
 In carrying out the action plan, the Task Force is divided into
six Sub Task Forces. The first is the Prevention Sub-Task Force,
which aims to increase TIP prevention efforts. The Prevention
Sub-Task Force succeeded in preventing departures and
refused the issuance of passports for 20,853 Indonesian citizens
who were suspected of being Indonesian Migrant Workers
Non-Procedural and at risk of becoming victims of trafficking in
persons, forming a Non-Procedural Indonesian Migrant Worker
Prevention Task Force in 21 embarkation and disembarkation
locations, preventing the placement of 12,757 Non-Procedural
Indonesian Migrant Worker candidates.

In addition, Ministry/Agency members of the Sub-Task Force also carry

out institutional strengthening through advocacy to the Sub-national
Government, development of models at the grassroots level (CW, Migrant
Worker’s Family Community, and Desmigratif (Productive Migrant Village
Program), development of various Information Communication and Education
materials and dissemination through various media, approaches with parents or
guardians of students, the establishment of one-stop integrated services, and
also through the drafting of laws and regulations. Even so, the commitment of the
sub-national head still needs to be improved as many provinces and sub-Provinces
have not budgeted for the Anti-TIP program. Then, evaluation and monitoring
of the ongoing programs still need to carry out, comprehensive discussion of
the Information Communication and Education materials disseminated to suit
the existing TIP mode in the field, and the method of dissemination to consider
aspects of culture and local wisdom.

Second is the Sub-Task Force for Health Rehabilitation, achieving the

objective to improve health rehabilitation services for TIP victims, starting
from promotion, preventive, curative, and rehabilitative efforts. It has
conducted health rehabilitation services for witnesses and/ or TIP victims,
since they were at the entry point carried out by the local Port Health Post.
Currently, there are many first and referral health services capable of

xix
managing victims of violence against children and women, including TOP.
Even so, the provision of health rehabilitation services still faces challenges,
for example the perspective of response to TIP between Ministries/
Agencies is still not the same, no legal protection regulating an integrated
data system causing health workers to refuse to share information related
to confidential victim data, and also the issuance of health services due to
criminal acts of maltreatment, sexual violence, victims of terrorism, and of
trafficking in persons from the benefits of JKN (National Health Insurance)
financing based on Presidential Regulation Number 82 of 2018 concerning
Health Insurance.

Third is the Sub-Task Force for Social Rehabilitation, Repatriation and

Social Reintegration. The objective is to improve social rehabilitation,
repatriation and social reintegration services for TIP victims. During the
2015-2019 period, Ministry/Agency members of the Sub-TF have made
many efforts, such as repatriating TIP and PMI-B victims, assistance
at an Trauma Center safe House (RPTC) before returning to their home
areas, implementing socialization/social guidance to the community
regarding safe migration in areas high overseas migration, disaggregated
data handling practices of TIP victims, and also providing stimulants
to strengthen the economy for survivors. A total of 1,975 TIP victims
abroad who are scattered in various countries have been identified and
given rehabilitation and repatriation services. TIP victims who received
social rehabilitation at a RPTC were 2,541 people. Even so, there are still
challenges that must be faced by the Ministries/ Agencies of the Sub-TF
members, such as not all repatriation processes run smoothly, because
there are victims who are sent home sick, physically disabled, mentally ill,
and even dead. This condition requires binding and permanent cooperation
with health care providers.

Next is the Sub-Task Force for Law Enforcement. The objective is to

improve law enforcement for TIP cases. In the field of investigation, Sub-
national Police and CID-INP managed to handle 554 police reports, with
2,648 victims and 757 suspects. About 87% of TIP victims handled by the
police are women and girls. Other efforts that have been made are the
formation of a TIP TF at Sub-national Police which is the area of origin
for the most TIP victims, strengthening the capacity of TIP investigators,
socializing TIP in its vulnerable areas, and compiling a guidebook for
handling TIP cases for investigators. For the prosecution phase, the
Attorney General’s Office and High Prosecutors throughout Indonesia
have successfully completed 413 cases of TIP cases. Other efforts are the
preparation of several technical guidelines for handling TIP cases, building
capacity for prosecutors, and facilitating the provision of restitution for
TIP victims. At the court stage, the Supreme Court handled as many as
94 cassation cases and case review of TIP cases. It was also reported that
many cases have been subject to articles regarding TIP, but decisions
regarding restitution payments are still rarely applied.

Furthermore, in the law enforcement process of LPSK (Witness and

Victim Protection Agency) succeeded in providing protection for 1,165
witnesses and/ or victims of TIP with a total service received by victims
of around 2,189. Another achievement, Indonesian Financial Transaction
Reports and Analysis Centre (INTRAC) succeeded in delivering financial
intelligence products in the form of 24 Analysis Results proactively to
Police Investigators regarding the Criminal Act of Money Laundering for
TIP. Even though there have been many efforts made by Ministry/ Agency
members of the Law Enforcement Sub-Task Force, their implementation
still faces obstacles, for example the absence of Mutual Legal Assistance
between countries in the law enforcement process in TIP cases. In addition,
there are still few guidelines on investigating TIP cases using the ‘follow the
money’ approach at the national and sub-national levels, so that Human
resources competencies are still low in implementing this approach. In
the process of financial analysis, Ministries/Agencies also reported that
cooperation between the public and private sectors in the disclosure of
TIP cases is still difficult to implement due to the constraints of tight data
confidentiality regulations.

Fifth is the Legal Norms Development Sub-Task Force. The objective is

to apply laws and regulations related to TIP. Some of its achievements are
the discussion of the RKUHP (Draft of Indonesian Criminal Code) between
the Government and the Indonesian Parliament which includes several
articles on TIP. Then, the Government of Indonesia has also ratified the
ACTIP convention which binds countries in ASEAN through Law no. 12 of
2017. Even so, the slow pace of LEO education and training institutions
in adjusting their material to the new norms contained in the ACTIP
ratification is still an obstacle. This then has an impact on the capacity of

xxi
LEO and implementing human resources in implementing new regulations
in the law enforcement process.

Sixth is the Sub-Task Force for Coordination and Cooperation. The

objective to achieve is the creation of cooperation and coordination between
stakeholders at the national level. At the national level, cooperation between
Ministries/ Agencies and TF members, cooperation between Ministries/
Agencies and the private sector, and Ministry/ Agency cooperation
with NGOs and development partners in the Anti-TIP are increasing.
Forms of cooperation include organizing a pilot project to improve CPMI
(Indonesian Migrant Worker Candidates) competence and prevent non-
procedural CPMI departures, strengthening capacity and drafting ATTF
NAP in priority Sub-province, compiling integrated cross-agency TIP
data collection guidelines, guidelines for the service mechanism of TIP
witnesses and/or victims for victim assistants, and technical guidelines for
the formation of ATTF at the Sub-province level.

Finally, the international cooperation efforts carried out include: The

Bali Process on People Smuggling Cooperation Forum, Trafficking in
Persons and Related Transnational Crime (Bali Process), and the ASEAN
Ministerial Meeting on Transnational Crime/Senior Official Meeting on
Transnational Crime (AMMTC/ SOMTC). In this international cooperation
mechanism agreed that several efforts to eradicate TIP together, such as
in the Bali Process, that the Bali Declaration contains recommendations
and practical steps to handle non-regular migration, including trafficking
in persons, which emphasizes protection of victims. The next
point is to agree on the role of the private sector in handling
trafficking in persons, primarily through the provision of jobs
and a procedural recruitment process. In addition, within
the AMMTC/SOMTC framework it was agreed that the
establishment of an ASEAN legal instrument to eradicate
TIP in the Region, strengthening cross-border in handling
TIP, and exchanging data or information.
introduction
1
CHAPTER 1

The government is very concerned

about the issue of eradicating the
crime of trafficking in persons. Various
policy measures and programs were
developed to reduce the impact
of losses caused by trafficking in
persons. To improve coordination
and cooperation in efforts to prevent
TIP and response to the victims and
prosecution of trafficking offenders, the
government has issued ATTF National
Action Plan for 2015-2019 through the
decree of the Coordinating Ministry
for Human Development and Cultural
Affairs No. 2, 2016.

2
1.1 Background

T
his action plan becomes a The government has made the Prevention
reference for the ATTF for the and eradication of TIP its main focus,
Prevention and Response to the because it is a form of transnational crime
Crime of Trafficking in Persons in taking against dignity and violates human rights.
steps to: improve the prevention of TIP; This criminal act has an impact not only
improve health rehabilitation services for in the form of health problems, physical
TIP victims; improve social rehabilitation disabilities, being infected with sexually
services for TIP victims; improve return transmitted diseases, experiencing
services for TIP victims; improve social mental disorders and severe trauma, but
reintegration services for TIP victims; also death.
realizing the laws and regulations on
TIP and increasing the harmonization TIP has the potential to cause social
of laws and regulations related to the diseases impacting on aspects of the life of
prevention and response to TIP improve the nation and state. Victims of trafficking
law enforcement in handling victims and are not only experienced by adults, but
prosecution of TIP perpetrators; improve also children. Child victims of trafficking
cooperation and coordination among experience obstacles in their growth
stakeholders at the national level; improve and development. Their basic needs are
cooperation and coordination among not fulfilled. Another finding is that the
stakeholders at the international level; and victims of undocumented immigrants are
enhancing cooperation and coordination threatened with punishment, because
among task force members. of incomplete immigration documents,
forged/ confiscated by their employers.

3
 If we look at the facts and impacts caused by this crime against
humanity, efforts to prevent and response to TIP require concrete,
comprehensive steps, and the involvement of all elements,
including the government, society, business world, media, and
other stakeholders. This effort is at the same time an instrument
that can be used as a basis for ensuring various progress has
been made, including the challenges and problems faced in the
implementation of Act Number 21 of 2007 on Eradication of TIP.

In order to know part of the picture regarding the implementation of the

National Action Plan as well as policy and program steps in Eradication
of TIP during 2015-2019, the ATTF Secretariat issued a “Report
on the Performance of the Task Force for the Prevention and
Response to the Crime of Trafficking in Persons for 2015-2019.”
This report contains various achievements, challenges and problems
faced, and recommendations for resolving them.

4
1.2 General Picture of TIP

S
Most of the victim of TIP revealed in the court are traded for sexual exploitation
purposes (53.6 %) specially commercial sex. Nevertheless, CID-INP also noted
more than 44% undergone labor exploitation. They are usually employed abroad
as Indonesian Migrant Worker, ship crew, and domestic workers. From all the total
cases handled by Indonesian Police from 2015 to 2019, one case was found related for
human organ trade and seven cases of children trafficking.

The primary factor are amongst5, the habit of “going to bigger town” or “internship”
to improve livelihood, consumptive culture, tradition or child marriage, the flourishing
business of sending labor abroad, the increase of cross border organized crime, and
gender discrimination. Poverty, unemployment, and low education level, and minimal
social protection from families and society to children and teenagers and school
dropouts became intervening factor that causes vulnerabilities and powerlessness of
victims, shoving them into the perpetrator web.

Indonesian police had identified various modus flourishing in the TIP cases. During
12 years of Anti TIP Act and the disclosure of cases, these mode can be grouped into
period of old modus and new mode. The police stated that the prominent old mode
are identity document forgery such as Identity card, passport, contract marriage, labor
migration using visitation visa, sending of informal Indonesian Migrant workers through
non-procedural path6, recruitment is conducted directly by perpetrator or perpetrator
network, with direct meet between victims and perpetrator/perpetrator networks. The
new mode is done through document forgery of arranged marriage, visit visa, then
abandoned with the aim to obtain status. Malaysia and Singapore become places of
transit and recruitment through social media, and victims do not directly meet the
perpetrator/perpetrator network.

5
Sudharmawatiningsih, Supreme Court, 2018
6
CID-INP, 2018

5
 O
ne important note about the new mode, is that CID-INP found a mode
shift in TIP. ASEAN countries (Malaysia and Singapore) are no longer
destination country, but are TIP transit countries. Thus also the mode
of order bride, expanded to provinces outside West Borneo, such as West
Java, Central Java, East Java, and Banten. The perpetrators utilizes information
technology and social media in the TIP process. There is also shift in TIP
perpetrator network pattern, victims are deployed by principal perpetrator so the
TIP perpetrator network expanded rapidly. The victim that become perpetrator
create new network, direct communication to users7.

TABLE 1: OLD AND NEW TIP MODES

Old Mode New Mode

• Document Forgery of identity card • Document forgery of letter from

and Passport citizen office and civil registry
• Contract Marriages between • Order Marriage, specially
Indonesian national, and non- to China due to “Population of
Indonesian from Middle East, China are getting older” involving
Chinese descent Indonesian Indonesian citizens from various
citizen broght to Hong Kong and regions not limited to Chinese
Taiwan to get married descent
• Using visit visa to work abroad • Using Visit visa, then abandoned/
• Candidate of Informal sector IMW arrested with the aim to obtain
sent directly to destination country status
or non destination country (Non- • Malaysia and Singapore become
Procedural IMW sending) transit place
• Direct recruitment by perpetrator/ • Recruitment through social
perpetrator network media
• Victims meet directly with • Victims don’t meet directly with
perpetrator/perpetrator network perpetrator/perpetrator network

Source: CID-INP, 2019

7
CID-INP, 2018
6
 In the specific TIP case of “Contract/order marriage Mode”
between Indonesian citizen and Chinese Citizen, many victims are
children8. Initially victims are recruited with the promise of a high
salary work, but in reality, the victims are brought to marriage.
The victim had the status of wife but are exploited (sent to work
without pay, experiences sexual deviation, physical and mental
violence), and transfer marriages. The problem of these modus
are that the workers are tied to legal marriage compliant to the law
in destination country, thus it is difficult to protect and return the
victim even though the case had been legally proven as TIP and
the perpetrator had been detained9.

FIGURE 1: ROUTE OF HUMAN TRAFFICKING CRIME

Source: CID-INP, 2019

8
CID-INP, 2018
9
CID-INP, 2018
7
In 2015-2019, CID-INP identified a found 10 routes of human trafficking, with important
note, Malaysia and Singapore as transit route with destination of Middle East. The TIP
routes are as follow:

1. Jakarta – Malaysia – Middle East.

2. Jakarta – Batam – Malaysia – Middle East.
3. Jakarta – Medan – Malaysia – Middle East.
4. Jakarta – Batam – Singapore – Middle East.
5. Bandung – Batam – Malaysia – Middle East.
6. Surabaya – Jakarta – Batam – Malaysia – Middle East.
7. Surabaya – Batam – Malaysia – Middle East.
8. West Nusa Tenggara – Surabaya – Jakarta – Pontianak – Malaysia – Middle
East.
9. West Nusa Tenggara – Surabaya – Batam – Malaysia – Middle East.
10. East Nusa Tenggara – Surabaya – Batam – Malaysia – Middle East.

Meanwhile, there is a significant amount of indicated TIP related to labor exploitation

that had been directly handled by ministries and related bodies. Amongst, the Ministry
of foreign affairs of Republic Indonesia had handled 1,975 TIP cases of migrant workers
being exploited for labor10. TABLE 2 describes the details of distribution of TIP victim
cases abroad that had been handled by ministry of foreign affairs from 2015 to 2019.

TABLE 2: INDONESIAN CITIZEN TIP VICTIMS ABROAD

DURING YEARS 2015-2019

No Region Cases %
(1) (2) (3) (4)
1 East and Southeast Asia 802 40,61
2 Middle East 858 43,44
3 Africa 235 11,90
4 Oceania 35 1,77
5 Europe 33 1,67
6 South and Central Asia Selatan 12 0,61
Total 1.975 100

Source: Directorate of Indonesian citizen Protection, Ministry of Foreign Affairs, 2019

10
Segregated Data 2015-2018, Directorate of PWNI-BHI, Ministry of foreign affairs (2018)

8
Further, The National Body of Indonesian Worker Placement and protection (Badan
Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia/BNP2TKI) that had
changed name into Indonesian Migrant worker protection (Badan Perlindungan Pekerja
Migran Indonesia/BP2MI)11, had returned 4,474 case laden Indonesian Migrant
Workers of 3,929 (88%) males, and 545 (12%) females through Soekarno-Hatta Airport.
Based on the segregated data form BP2PMI, Problem-Laden Indonesian Migrant
Workers are repatriated mostly due to Overstayers 2,090 people (46.7%). The rest are
due to Amnesty 420 people (9.4%), Sickness, 408 people (9.1%), Independent migrant
workers 397 people (8.9%), arbitrary lay-off 299 people (6.7%), and ship-crew, 296
people (6.6%). Based on the repatriated Indonesian migrant workers, BP2PMI noted
that 31 people (0.7%) are victims of TIP victims. Meanwhile there are also indication of
TIPC to 126 Indonesian Migrant worker and Indonesian Migrant worker candidates that
had been handles as follows: (1) issues of departure documents, 85 (1.9%) IMW and 21
(0.5%) Indonesian Migrant worker candidates, and (2) non match between promised
and implemented work of Indonesian Migrant worker, 20 people (0.4%).

West Java is indicated as origin Troubled Indonesian Migrant worker province, with
total victims of 1,658 people, (37.1%), followed by West Nusa Tenggara Barat, 879
people (19.6%); Central Java, 435 people (9.7%); East Java, 379 people (8.5%.) The
following provinces are on the lower ranks under 10% of total Troubled Indonesian
Migrant worker handled by B2PMI: Banten Province, 227 people (5.1%); East Nusa
Tenggara, 188 people (4.2%); Lampung 118 people (2.6%), and Jakarta, 110 people
(2.5%). Other provinces that contributes to Troubled IMW are amongst North Sumatera,
South Sulawesi Selatan, Yogyakarta, Central Sulawesi, South Borneo, Mollucas, Soth
East Sulawesi, West Borneo, Bali, Aceh, South Sumatera, Riau Islands, North Sulawesi,
West Sulawesi, Bengkulu, Riau, West Borneo, West Sumatera, Central Borneo, North
Borneo, North Mollucas, Jambi, Gorontalo, and Bangka Belitung islands.

11
The chance of name from National Body of Placement and protection of Indonesian Worker (BNP2TKI)
to Migrant worker Protection Body (BP2MI) refers to Act number 18 2017 on Indonesian Migrant worker
that replace Act number 39 2004 on Placement and Protection of Indonesian workers abroad

9
 G
overment estimated 6 millions people currently works as Indonesian
Migrant worker abroad, in informal as well as formal sector. Female
Indonesian Migrant worker generally worked in informal sector such as
domestic workers, baby and elderly sitters. Vulnerability to TIPCoccurs due to
non procedural departure, lack of working visa and stay permit, excessive work
hours, manipulated work contract, and debt due to excessive placement cost.
The vulnerability does not happen only to informal sector Indonesian Migrant
worker, but also male Indonesian Migrant worker working in other sectors such
as manufacturing plant, construction, and palm oil plantation, and fishing ships.

Destination countries that returned most Troubled Indonesian Migrant workers are Uni
Arab Emirate 1,373 people (30.7%), Malaysia 1,083 people (24.2%), and Saudi Arabia
718 peopele (16.0%), the rest are Syria, Qatar, China, Kuawit, Oman, Bahrain, Yordan,
Singapore, Brunei Darussalam, Taiwan, Egypt, Senegal, Suriname, South Korea,
Hong Kong, Iraq, Morocco, Fiji, Libya, Africa, Turkey, Sudan, Colombo, US, Argentina,
Afganistan, Guyana, Peru, Ceylon, Netherlands, Philippines, Japan, Somalia, Tanzania,
Thailand, Tunisia, Samoa, Greece, Chili, England, Italy Macau, Maldives, Moscow, and
Panama.

The flourishing of TIP cases in many countries oblidged the world to seriously address
the issue. Apart of International Organization for Migration (IOM), ASEAN-Australia
Counter-Trafficking Program, and UNICEF (United Nations International Children
Emergency’s Fund), Financial Action Task Force (FATF) as the Anti money laundering
task force, also have serious concerns on the TIP issues.

As the trend setter on policies to address world money laundering, FATF has 40
reccommendations that binds to each member state or juridictions as well as those
tied to FATF-Style Regional Bodies (FSRB), in this case, Indonesia is member of Asia-
Pacific Group (APG) on Money Laundering. One of the FATF reccommendation number
three is related to money laundering states that predicate offences of Money laundering
shoul include all serious crimes.

In the perspective of Anti money laundering (AML) regulation regime as commanded

by Act number 8 year 2010 on Eradication and prevention of Money Laundering crimes
(AML Act), TIPC is one of the predicate offences stipulated in article 2 sub article (1)
letter l of the AML Act.

The cumulative statistics up to December 2018, on the handling of anti-money laundering

10
and terrorism financing, the development of Suspicious Financial Transaction received
by The Indonesian Financial Transaction Reports and Analysis Centre (INTRAC) –
focal point of Indonesian AML regime – there are 38 suspicious financial transaction
reports (SFTR) of TIP predicate offence. On these SFTR, analysis had been conducted
since January 2013 to December 2018, with total of 24 Analysis Results (AR/Financial
Intelligence) submitted to investigator. Nevertheless, cumulatively from 2005 to 2018
there is only one AML related court verdict with predicate offence of TIP.

The result of 2015 risk National assessment on predicate offence of Money Laundering
crimes, it is known that Money Laundering ranks as medium risk crime, compared to
corruption, narcotics, and tax that sit in the top rank (high risk crimes).
Further, based on risk map distribution of SFTR submission dispersion, the largest
regions of suspected TIP transactions are the provinces of Jakarta, East Nusa Tenggara,
and West Java.

TABLE 3: NUMBER OF ANALYSIS RESULT SUBMITTED TO

INVESTIGATOR BASED ON PREDICATE OFFENSE.
Suspect Predicate Offence Before After AML-Act number 8/2010 (since January 2011) Total
AML- Year Year 2017 Year 2018 Total From
Act (up 2011- Dec Cumulati Nov Dec Cumulati Jan
to Oct 2016 2017 ve 2018 2018 ve 2003 to
2010) to Dec to Dec Dec
2017 2018 2018
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
Ø Corruption 580 1166 23 196 24 19 240 1602 2182
Ø Bribery 40 59 1 14 0 0 5 78 118
Ø Narcotics 47 93 5 29 2 7 49 171 218
Ø Banking Sector 46 41 0 5 0 0 4 50 96
Ø Stock Market sector 0 1 0 0 0 0 0 1 1
Ø Insurance Sector 1 0 0 0 0 0 0 0 1
Ø Customs 9 20 2 9 0 0 10 39 48
Ø Terrorism/ terrorism 19 74 1 23 0 2 22 119 138
Financing
Ø Theft 4 5 0 0 0 0 0 5 9
Ø Embezzlement 42 64 2 16 0 1 7 87 129
Ø Fraud 419 278 7 49 6 8 65 392 811
Ø Forgery 5 5 0 0 2 2 8 13 18
Ø Gambling 17 40 0 1 1 1 3 44 61
Ø Prostitution 4 2 0 0 0 0 0 2 6
Ø Tax sector 7 197 4 43 10 9 67 307 314
Ø Forestry sector 6 7 1 1 0 0 2 10 16
Ø Fisheries and ocean sector 0 0 1 3 0 0 0 3 3
Ø Trafficking in Person 0 7 2 8 1 0 9 24 24
Ø Environmental sector 0 0 0 0 0 1 1 1 1
Ø Other offences 0 26 4 13 0 0 5 44 44
sanctionable 4 years of more
Ø Unidentified/others 185 188 0 4 0 0 1 193 378
Total AR 1431 2273 53 414 46 50 498 3185 4616

Source: Bulletin Statistics APU/PPT December 2018, INTRAC

11
 TABLE 4: CUMULATIVE NUMBER OF COURT VERDICT
RELATED TO MONEY LAUNDERING CRIME BY
PREDICATE OFFENCE

Predicate Offence Cumulative 2005 to % Distribution

2018
(1) (2) (3)
Corruption 46 23.7
Narcotics 51 26.3
Fraud 23 11.9
Embezzlement 23 11.9
Banking 17 8.8
Forgery 9 4.6
Gambling 4 2.1
Psychotropic 2 1.0
Theft 2 1.0
Trafficking in Person 1 0.5
Fund Transfer 2 1.0
Extortion 1 0.5
Tax crime 1 0.5
Bribery 1 0.5
Cash carry violation 1 0.5
Forestry 1 0.5
Other Crimes 9 4.6
Total 194 99.9

Source: Bulletin Statistics APU/PPT December 2018, INTRAC

12
 TABLE 5: HEAT MAP SRA TIP BASED ON
GEOGRAPHICAL LOCUS

Source: Institutional Research of Sectoral Risk Assessment on Human Trafficking, INTRAC

In the future, considering the important role of INTRAC as the focal point of Indonesia
APU/PPT in which TIP is predicate offence, then it is necessary to involve finance
intelligence unit as member of ATTF, having central role in supporting TIP law
enforcement through the approach of eradication and prevention of Money laundering
crimes, i.e. through “follow the money paradigm”.

13
1.3 Structure and Implementation of ATTF

The structure of ATTF is based on the presidential decree number 69 year 2008 on the
task force for prevention and eradication on crimes of trafficking in person. ATTF is a
coordinating body, carrying the mandate of coordinating the efforts of eradicating and
preventing TIP in the national level. The structure comprises of chairman, daily chairman,
and members. The chairman id the coordinating minister of human development and
culture (formerly coordinating minister of people welfare), while the daily chairman is
the minister of women empowerment and child protection, (formerly state minister
of women empowerment). The members are 19 ministries, namely Ministry of Home
affair, Ministry of foreign affairs, Ministry of finance, Ministry of Religion, Ministry of Law
and human rights, Ministry of transport, Ministry of labor (previously ministry of labor
and transmigration), Ministry of social affairs, Ministry of health, Ministry of Education
and culture (formerly Ministry of education), Ministry of tourism (previously ministry
of Culture and tourism), Ministry of communication and informatics, State Ministry of
development planning/Director of National Planning Board, State ministry of Youth
and sport, Chief of Indonesian national Police, Supreme Judge, Director of National
Body of Migrant worker placement and protection, Director of State Intelligence Body,
and Head of Central Statistic body.

14
TABLE 6: STRUCTURE AND IMPLEMENTATION
COORDINATION MECHANISM OF ATTF

15
 Task force is aided by Secretariate work unit. This work unit is led by
secretariate head, who functionally is responsible to the central Task
Force and administratively responsible to the Minister. The task Force had
the following task:

Coordinate the efforts of prevention and address of TIP.

Conduct advocacy, socialization, training, and collaboration, in national as well

as international level;

Monitor the development of implementation of victim protection including

rehabilitation, return and social integration;

Monitor the development of law enforcement; and

Conducting report and evaluation.

To assure synergy and sustainability of integrated measures to eradicate TIP, National

TF, Provincial TF and Sub-provincial TF conducts direct coordination and connection to
the related bodies and other stakeholders to formulate policies, program, and activities,
in the form of National Action Plan, and sub-national action plan.

Sub-national level ATTF had been established in 32 provinces and and 245 sub-
province/municipalities. The distribution can be seen in Graph 1. The chart shows that
in some province of origin and transit and destination of TIP, there is a decrease of
number of sub-province TF (West Java, East Java and South Sulawesi).

16
 CHART 1: NUMBER OF ATTF

The result of ATTF institutional evaluation conducted by ministry of Women

Empowerment in 2018 showed that there are still 27% Task Force that lacks Sub Task
Force, only around 36% provincial and sub-provincial ATTF possess sub-national action
plan, and around 45.7% does not have budget allocation. Other general challenge faced
by Task Force are the minimal TIP data in their region, inadequate coordination, and
less trained Human Resources. With such conditions, it is very difficult to expect that
provincial and sub-province Task Force to be able to carry their duties well.

Thus, the role of Ministry of home affairs is expected to monitor the progress of ATTF in
sub national level. The Ministry of home affairs, in strengthening the sub-national Task
Force had issued the regulations as follows
1. Regulation of Minister of Home Affairs Number 98 Year 2018 on Sub-national
development Information System;
2. Regulation of Minister of Home Affairs Number 33 year 2017 om Guidance for
sub-national 2018 budgetting;
3. Regulation of Minister of Home Affairs Number 86 year 2017 on procedures for sub
national development planning, control and evaluation, Procedures for long term
and Medium term sub national development plan, and the procedures for changes

17
 on long term, medium term sub-national development plan, and sub national
government work plan; and

4. Regulation of Minister of Home Affairs number 110 year 2017 on the supervision
policies of 2018 sub-national government implementation.

The National level ATTF have relatively better condition, having

National Action Plan for TIP eradication and funding support.
Nevertheless the coordination between Task Force members should
be improved and there should be review on Task Force member to be
improved to meet the change situation.

18
prevention
19
CHAPTER 2

Ministry of Education
and culture assumes
the role as coordinator at
the Sub Task Force, for
prevention, with support of
Ministry of foreign affairs,
Ministry of communication
and Informatics, Ministry of
Social affairs, and Ministry of
Tourism.

20
The goal is to increase the prevention of TIP.

Indicators:

1. The number of Technical Policies prepared for the prevention efforts

which was carried out through compiling technical guidelines on
prevention efforts, and formulating policies related to the prevention
of Trafficking In Persons (TIP)
2. The number of trained Human Resources for the prevention of TIP
which was carried out through debriefing activities for candidates of
Consular Officers at the Indonesian representative offices, activities
on training and on increasing the capacity of Human Resources and
other stakeholders, and activities on training and increasing the
capacity for Law Enforcement personnel, community, religious, and
indigenous leaders, and service agency officers.
3. The number of Information Education and Communication materials
prepared in an effort to prevent TIP are done through compiling and
disseminating Information Education and Communication products
and other promotional materials in both print and electronic media.
4. The number of models compiled for the prevention of TIP at the
national level through the formation and development of prevention
models, the formation of Community Watch at the village level, and
the formation of TIP Task Force at the village level.

21
2.1 Achievements

In terms of achievements in the prevention of TIP, the Ministry of Education and

Culture through the Secretariat of the Directorate of Family Education Development,
Directorate General of Early Childhood Education and Community Education as Chair
of the Prevention Sub-Task Force together with members consisting of 49 Ministers/
Institutions, had performed various tasks, among others:

1. Mapping cases of criminal trafficking in persons, including sexual exploitation

of children.
2. Developing a model for the prevention of the crime of trafficking in persons,
including sexual exploitation of children.
3. Community education on family resilience.
4. Facilitating the realization of children’s participation in the prevention of TIP,
including sexual exploitation of children.

Taking steps for Program implementation, The Ministry of Education and Culture had
implemented efforts, among others:

1. Improve coordination and integrate programs/activities with members of

Prevention Center Sub-Task Force.
2. Establishing partnership with Anti-TIP organizations and actor in National as
well Sub-national levels.
3. Providing Training for Trainer candidates to the 20 target districts/cities.
4. Strengthening the role and resilience of the family.
5. Providing training to local stakeholders and encouraging them to carry out
TIP prevention action program.
6. Develop facilities for Information and Education Communication including
Norms, Standards, Procedures, and Criteria (NSPC), learning sources, and
films.
7. Disseminate good prevention practices through family education.

The program targets are:

1. Representatives of Elementary School Principal Working Group at district/city

level.
2. Representatives of School Principal Forum (MKKS) for Junior High School
and High School/Vocational School at the sub-district or district/city level.

22
 3. Representatives of Student Parents’ Association/school committee at all
educational levels in selected districts (Junior High School and High School/
Vocational School).
4. Representatives of students and student organization from Junior High
School and High School/Vocational School levels and their companions,
preferably Counseling Teachers.
5. Representatives of the management of youth organizations/scouts/ youth
organization.
6. Representatives of subdistrict and village/urban village government (Heads of
Neighborhood and Hamlet).
7. Religious and community leaders.
8. Management of social/religious organization/social institutions.
9. Representatives of Family Welfare Development/other relevant organizations.
10. Managers of Non-Formal Education Institutions, including the Community
Learning Activity Center (PKBM), Course and Training Institute (LKP), Smart
House, and Collaborative Learning Center.
11. Representatives of relevant Early Childhood Education Programs and
Community Education’s partner organizations.
12. Private College Forum (BMPS) that organizes private school administrators at
the district/city level.

During the 2015-2019 period, the Ministry of Education and Culture published various
books that were used as materials for the dissemination of TIP prevention. From a
number of these publications, among others are as follows:

1. What, Why, and How to Prevent TIP.

2. Parent Education Series: Prevention of the TIP.
3. Book of the TIP.
4. Education and Prevention of TIP and Sexual Exploitation in Schools.
5. Life Skills Education Book.
6. Parent Education Series Book: Come on! Recognize Sexual Exploitation of
Children.
7. Guidelines for the Socialization of the Prevention of the TIP and Child Sexual
Exploitations.
8. Handbook for Central and Local Public Involvement in the Prevention of TIP.

23
T
he Information and Education Communication Program is distributed through
the Mobile Library owned by the Karawang District Government. Further
outreach on Prevention Model to youths in North Central Timor District, East
Nusa Tenggara Province. Further outreach at the Scientific Work Training Center
of Kediri City, East Java Province. Further outreach to the women of Family Welfare
Development of Taman Baloi Urban Village, Batam City, Riau Islands Province. Further
outreach at Cooperative Vocational School, Pontianak City, West Kalimantan Province.

TIP Prevention Programs through family and community involvement in education

units, consisting of activities: attending meetings organized by the Education Unit;
joining Parents/Guardian class; become a resource person in activities in the Education
Unit; and play an active role in year-end class performance activities. This activity
is carried out in 20 (twenty) district/city. This program is carried out by parents, by
providing and increasing religious understanding to children; improving partnership
and communication with school and the community to protect children from TIP; and
getting to know children more closely and understanding the problems that are being
faced in the family.

Information are conveyed to children and teenagers, so that they are not easily tempted
by promises of easy money; they are aware of the fraudulent methods perpetrated by
TIP actors; and they know the requirements to work both at home and abroad.

FIGURE 2: 2017 – 2019 TIP PREVENTION

PROGRAM LOCUS

Source: The Ministry of Education and Culture, 2019

24
 There are 20 partners of the Ministry of Education and Culture in the TIP
prevention program, including: PKA Nias with target of Gunung Sitoli City, YPKM
in Serdang Bedagai District, Bina Mandiri Foundation in Batam City, Yayasan
Melati in Subang District, Bahtera Foundation in Bandung District, Terung
Le Foundation in South Minahasa, Indonesian Social Observer Foundation in
Majalengka District, Kakak Foundation in Pati District, LP2D Blitar in Trenggalek
District, LP3T2A Malang in Ponorogo District, KPS2K in Tulungagung District,
Lentera Anak Bali Foundation in Karangasem District, Panca Karsa Association
in East Lombok District, Kabar Bumi of West Sumbawa Branch in Sumbawa
District, Tapen Bikomi Foundation in Malaka District, Nusa Bunga Abadi
Foundation in Belu District, JPIT in South Central Timor District, Nusantara
Social Solidarity Foundation in Sanggau District, Asa Puan in Sambas District,
and Aisyah Primary and Secondary Education in Nunukan District.

TABLE 7: 2019 DISTRICT/CITY PRONE TO TIP LOCUS

NO INSTITUTION TARGET AREA
(1) (2) (3)
1. PKPA Nias Gunung Sitoli City
2. YPKPM Serdang Bedagai District
3. Bina Mandiri Foundation Batam City
4. Melati Foundation Subang District
5. Bahtera Foundation Bandung District
6. Terung Le Foundation South Minahasa District
7. Indonesian Social Observer Foundation Majalengka District
8. KAKAK Foundation Pati District
9. LP2D Blitar Trenggalek District
10. LP3TP2A Malang Ponorogo District
11. KPS2K Tulungagung District
12. Lentera Anak Bali Foundation Karangasem District
13. Panca Karsa Association East Lombok District
14. Kabar Bumi West Sumbawa Branch Sumbawa District
15. Tapen Bikomi Foundation Malaka District
Nusa Bunga Abadi Foundation Belu District
17. JPIT South Central Timor District
18. Nusantara Social Solidarity Foundation Sanggau District
19. Asa Puan Sambas District
20. Aisyah Primary and Secondary Education Nunukan District
Source: Ministry of Education and Culture, 2019
25
The Ministry of Education and Culture conducts training and improvement on the
capacity of human resources and stakeholders in various regions, including:

1. TIP Prevention Workshop in West Nusa Tenggara on February 2018. This

workshop was attended by 80 people, representatives from Provincial
Education Office, District/City Education Office, Junior High School, High
School/Vocational School Supervisors, partners of the Non-Formal Education
Units (Satdik PNF), and other elements from 10 provinces and 32 district/city.
2. Technical orientation for 20 organizations receiving TIP Prevention Program
assistance in Jakarta in March 2018.
3. Training for TIP Prevention Facilitator Candidates with 20 participants from
partner institutions in Tangerang on April 2018.
4. Capacity building for 3,000 stakeholders from village level government officials,
teachers and student representatives, youth organizations, social/religious
organizations, social/religious leaders, and representatives of student parents
in 20 district/city in 10 provinces.
5. National publications of five packages of educational books for parents, good
practices, technical instructions, implementation manuals, and short films.
6. Local publications of 20 packages of Information and Education Communication
Materials, containing contain documentary films, leaflet, poster, banner,
billboards, and radio/TV talkshow scripts by partner institutions in 20 district/
city in 10 provinces.
7. The establishment of the prevention of TIP in the form of further outreach to
youths, students, parents, and community members.

26
A
nother significant achievements in the prevention of TIP is the effort made by
the Indonesian Police by sending telegrams to all Provincial Police Chiefs to
provide directions in carrying out TIP prevention in their respective jurisdiction.

Another achievement was from the Ministry of Foreign Affairs with efforts to prevent
TIP as follows:

1. Compiling 5 packages of technical guidance on prevention efforts

during 2015-2019.

To standardize the quality of service and protection, the Ministry of Foreign

Affairs published 71 technical Standard Operational Procedures (SOP) related
to the protection of Indonesian citizens/Indonesian Legal Entities, obtained ISO
9001: 2015 certification in the field of Services and Protection of Indonesian
citizens/Indonesian Legal Entities abroad, and built the Integrity Zone Towards
a Corruption Free Area.

Within the framework of the Bali Process on People Smuggling, Trafficking

in Persons and Related Transnational Crime regional cooperation, in 2017,
the Regional Support Office of the Bali Process has compiled a guideline that
aims to assist first referral recipients, law enforcers, as well as immigration
and border officials dealing with victims of child trafficking. This guidelines
can help officers understand the primary needs of child victims of trafficking,
protect them from dangers, and turn the children over to someone who can
help them further. This guidelines also raises things that should be considered
in conducting interviews.

2. Conduct training for assistants and services for victims of TIP.

Within the framework of Bali Process on People Smuggling, Trafficking in

Persons and Related Transnational Crime regional cooperation, the total number
of Regional Support Office (RSO) activities since 2016 to 2019 reached around
60 activities. In this regards, there are 43 countries with 1,409 participants
who have participated in RSO programs, consisting of governments, business
groups, international organizations, and civil society groups.

3. Conducting outreach to the community/Working Group about TIP.

27
 Community empowerment is carried out, among others, through Public
Awareness Campaign through print/electronic media in several regions in
Indonesia as part of preventive efforts, early detection, and education to the
public, especially in Indonesian Migrant Workers areas. The empowerment
aims to garner community support in efforts to protect Indonesian citizens
abroad, including encouraging the realization of a safe migration process.

Next, the Ministry of Communication and Information Technology conducts TIP

prevention programs, including:

1. Synergize with community organizations in providing education to the public

about Information Communication Technology (ICT) in 33 provinces and 145
district/city.
2. Through Pandu Desa12, overseeing the village to be technology literate.
3. Training of apparatus in technology literacy.
4. The formation of Creative Cyber Team totaling 80 agencies from ministries and
non-governmental organizations.
5. Child Online Protection’s efforts include installing parental tools in technological
devices.
6. Programs to block sites or contents containing racial and pornographic
contents or TIP with community complaints and to collect clean websites to be
distributed to schools.

The prevention of TIP is not only pursued by the Ministry of Education and Culture,
but also by the Ministry of Labor. The steps taken by the Ministry of Labor are in the
protection areas for Indonesian Migrant Workers (IMW). The protection towards IMW
is carried out before work – all activities to provide protection from registration to
departure; during work – all activities to provide protection since IMW and their family
members are abroad; and after work – all activities to provide protection from the time
Indonesian migrant workers and their family members arrive at the debarkation in
Indonesia until they return to their places of origin, including further services to become
productive workers.

12
Scouting movement that combines community and village empowerment activities
by maximizing the use of information technology and utilization.

28
IMW protection13 includes: prospective IMW - every Indonesian worker who qualifies
as a job seeker who will work abroad and is registered with the district/city government
agency responsible for Labor affairs; IMW - every Indonesian citizen who will, is currently,
or has been doing work by accepting efforts outside the territory of the Republic of
Indonesia; PMI’s family - husband, wife, children, or parents, including relationships
due to court decisions, whether residing in Indonesia or living with IMW abroad.

Requirements for working abroad14 are 18 years of age, physically and mentally
healthy, registered with the district/city One Stop Integrated Service/Labor Office,
social security, competence, and complete documents (Article 5 Law No. 18/2017).
In essence, IMW needs 4 (four) readiness, namely: physically and mentally ready,
documents readiness, readiness for language, culture, and customs of the country of
destination, and skills/competencies readiness.

The Ministry of Labor still prohibits the placement of IMW to (Ministry of Labor Decree
No. 260/2015)15 : Saudi Arabia, Algeria, Bahrain, Iraq, Kuwait, Lebanon, Morocco,
Mauretania, Egypt, Oman, Palestine, Qatar, Sudan, Syria, Tunisia, United Arab
Emirates, Yemen, and Jordan.

13
IMW Protection Concept (Law No. 18/2017) - The state does not mobilize but facilitates prospective
Migrant Workers (not recruited, but registers) - IMW as an active subject - social security through the
National Social Security System Scheme, High criminal sanctions against lawbreakers, migrant workers
cannot be burdened with placement fees, optimizing the role of the central and regional governments
and villages, preferring protection (competence as the main requirement).

14
Completeness of the prospective IMW/IMW documents (Article 13 ((18/2017): certificate of marital
status, for those who are married attach a copy of the marriage book; certificate of husband or wife
permission, parental consent or guardian’s permission known to the village head or village head;
work competency certification; health certificate based on the results of medical examinations and
psychologists; passports issued by the local immigration office; work visas; Indonesian migrant worker
placement agreements; and work agreements.

15
Requirements for the country of destination for IMW placement: have laws and regulations that
protect foreign workers, have a written agreement between the government of the country of placement
destination and the Indonesian government, and have a social security and/or insurance system that
protects foreign workers.
29
 TABLE 8: IDENTIFICATION OF TIP POTENTIAL WITH
LABOR MODE
No. Actors TIP Actors
(1) (2) (3)
1 IMW sponsor/broker Lying to prospective IMW regarding working
con ditions or providing documents with false
information (for example: age, occupation, given
a down payment)
2 IMW Recruiting Agent Accommodate or force people to do work they do
not want to do (for example: sex work),
accommodate without documents
3 Government Personnel Falsifying documents, breaching recruitment or
helping to cross the borders illegally, passing
ineligible IMW, changing age, status, address
4 Relatives Selling children, making contracts for their
children for exploitative works, help falsify
documents, etc.
Source: The Ministry of Labor, 2019

Furthermore, the achievements of the Ministry of Labor in preventing TIP, include:

1. The formulation of Act Number 18 of 2017 on Protection of Indonesian Migrant

Workers which was ratified on October 25th, 2017 through the Indonesian
House of Representatives’ Plenary Session and promulgated on November
22nd, 2017, the State Gazette of the Republic of Indonesia Number 242 of 2017,
and Supplement to the State Gazette of the Republic of Indonesia Number
6141, which replaced Act No. 39 of 2004 on the Placement and Protection of
Indonesian Migrant Workers Abroad. This law provides a new paradigm in the
protection of Indonesian Migrant Workers (PMI) which positions Indonesian
Migrant Workers as subjects, no longer as objects, and gives a greater role to
the government and reduces the role of the private sector in the placement and
protection of IMW.

2. Issued Ministerial Regulation as implementing regulations of Act number 18 of

2017, which regulate the Protection of Indonesian Migrant Workers, including:

30
 • Regulation of the Minister of Labor of the Republic of Indonesia No. 18 of
2018 on the Social Security of Indonesian Migrant Workers
• Regulation of the Minister of Labor of the Republic of Indonesia No. 9 of
2019 on Procedures for Placement of Indonesian Migrant Workers.
• Regulation of the Minister of Labor of the Republic of Indonesia No. 10
of 2019 on Procedures for Granting Company Permits for Placement of
Indonesian Migrant Workers
• Regulation of the Minister of Labor of the Republic of Indonesia No. 17 of
2019 on the Termination and Prohibition of Placement of Indonesian Migrant
Workers

3. Preparing Government Regulations and Presidential Regulations that as

implementation rules for Act Number 18 Year 2017, together with related
Ministries /Agencies, namely:

• Draft of Government Regulation on Procedures for the Placement of

Indonesian Migrant Workers;
• Draft of Government Regulation on the Implementation of Protection for
Indonesian Migrant Workers;
• Draft of Government Regulation on Placement and Protection of Migrant
Trading Ship Crew and Migrant Fishing Ship Crew;
• Draft of Presidential Regulation on the Indonesian Migrant Workers
Protection Agency issued through Presidential Regulation Number 90 of
2019 concerning the Indonesian Migrant Workers Protection Agency;
• Draft of Presidential Regulation on the Duties and Authorities of the Labor
Attaché.

4. Forming a Non Procedural IMW Prevention Task Force in 21 embarkation

and disembarkation locations, namely North Sumatra, Tanjung Balai, Batam,
Riau Islands, Dumai, East Tanjung Jabung, Jakarta Special Capital Region,
Banten, West Java, Solo, Central Java, East Java, Bali, South Kalimantan, West
Kalimantan, Nunukan, North Sulawesi, Central Sulawesi, Pare-Pare, West
Nusa Tenggara, and East Nusa Tenggara. In 2020, the Task Force membership
will be increased to 22 locations, with the following duties and functions:

• coordinate with stakeholders and related agencies for efforts to prevent

Non-procedural IMW;
• conduct outreach in order to anticipate the non-procedural placement/

31
 departure of IMW;
• Follow up on all reports of information from the public regarding indications
of IMW non-procedural placement/departure;
• Facilitate the prevention and resolution of problems related to IMW departures
in a non-procedural manner (conducting unannounced inspections based
on public reports).
• Conduct an early warning before IMW Candidates leave for the placement
country so that the Non Procedural IMW Candidate departure can be
prevented.

5. Preventing the Nonprocedural placement of Indonesian Migrant Workers to

12,757 IMW candidates at 21 embarkation and disembarkation locations, with
details:
• Prevented 1,584 Non-Procedural IMW candidates in 2015;
• Prevented 1,310 Non-Procedural IMW candidates in 2016;
• Prevented 1,151 Non-Procedural IMW candidates in 2017;
• Prevented 3,106 Non-Procedural IMW candidates in 2018; and
• Prevented 5,606 Non-Procedural IMW candidates in 2019.

6. Developing a Productive Migrant Village Program (Desmigratif) at the location

of the Indonesian Migrant Worker Base in 402 villages involving 682 Desmigratif
officers, with the distribution of:
• In 2016: 2 IMW Base Villages in 2 Districts, 2 Provinces;
• In 2017: 100 IMW Base Villages in 50 District/City, 20 IMW Base Villages in
10 District/City in East Nusa Tenggara;
• In 2018: 30 IMW Base Villages in 65 District/City, 20 IMW Base Villages in
10 District/City in East Nusa Tenggara;
• In 2019: 50 IMW Base Villages in 75 Districts.

7. Collaboration with the International Labor Organization, through the ILO Safe
and Fair program. This program is a program of “Service Mapping and Needs
Assessment for the Development of the Migrant Resource Center (MRC) Model
for Improving the Protection of the Rights of Women Migrant Workers and Their
Families in their Regions of Origin (3 regions: Tulungagung, Cirebon, and East
Lampung)”. This mapping aims to ensure that the MRC model in Indonesia as
a country of origin and the services provided by the Migrant Resources Center
are right on target according to the regional context and the needs of women
migrant workers and their families: Employment information, pre-employment

32
 counseling, official authorized information related to safe and regulated
(procedural) migration procedures, legal aid services, case complaints, case
handling, psychological counseling, strengthening/mentoring village services,
strengthening IMW groups at the level village (organizing), and services others
needed by IMW and their families.

8. Encourage and provide assistance for the establishment of One-Stop Integrated

Services (LTSA). There are 32 LTSA and 10 LTSA that have been formed and
operated until 2019, and 10 LTSA are in the process of being built and 2 are in
the upgrading process.

9. Distributing leaflets, brochures, advertisements, and videos on the flow of

placements as a medium for disseminating information to the public.

10. Conducting outreach to Candidate IMW, Village Apparatus, Provincial/District/

City Apparatus and related stakeholders.

a. In 2015: 63 locations divided into:

• 5 Provinces, namely East Java, West Java, West Nusa Tenggara, South
Sulawesi, and Lampung.
• 58 locations were in district/city, namely: Kulon Progo, Central Lombok,
Demak, Ponorogo, Blitar, Ngawi, Tabanan, Gianyar, Sukabumi, Brebes,
Bantul, Sampang, Pamekasan, Kupang, Sumenep, Jember, Madiun,
Trenggalek, Kabumen, Ciamis, Garut, Kerawang, Labuhan Batu,
Tasikmalaya, Purwakarta, Gunung Kidul, Sleman, East Tj. Jabung,
Salatiga, South Tangerang, Kerawang, Lamongan, Magetan, Malang,
Nganjuk, Wonosobo, Tegal, Pemalang, Bogor, Jepara, Bima, Kuningan,
Sumbawa, Magelang, Pati, West Sumbawa, North Lombok, Purworejo,
Semarang, Rembang, Blora, Bangkalan, Kudus, Jombang, Mojokerto,
Tangerang Kota, Batang, with 18,900 participants from the elements of
the Labor Office and the community.
b. In 2016, 3 Districts, namely: Sumenep, Gianyar, and Kendal.
c. In 2017: 6 Districts, namely: Karawang, Tasikmalaya, Kebumen, Sleman,
Bantul, and Brebes.
d. In 2018: 2 Provinces, namely West Java and Central Java, as well as 1 District,
namely Sikka.
e. In 2019: 3 Provinces, namely Banten, Lampung, and East Java as well as 5
Districts, namely Banyumas, West Bandung, Pati, Blitar and Bulukumba.

33
 11. Cooperation Agreement between the Ministry of Labor and several Ministries
and Institutions (Ministry of Law and Human Rights, Ministry of Foreign
Affairs, Ministry of Religion, National Agency for Placement and Protection
of Indonesian Workers, Coordinating Ministry for Political, Legal and Human
Rights) on Prevention and Handling of Non Procedural Indonesian Migrant
Workers in 2017. The purposes and objectives of this Cooperation Agreement
are as follows:

a. As a joint effort in the context of preventing and handling Non-procedural

Indonesian Migrant Workers in a coordinated and integrated manner
b. Realizing the placement of Indonesian Migrant Workers in accordance with
the provisions of laws and regulations

The scope of this Cooperation Agreement includes:

a. Exchange of data and information;
b. Cooperation in development and system integration;
c. Socialization/dissemination/publication;
d. Document verification and validation;
e. Patrol in land and sea border areas;
f. Departure supervision

12. Technical Guidance for 682 officers in the migration offices in the Desmigratif
program in 405 villages of IMW base district/city.

Next, in preventing TIP, the National Board for the Placement and Protection of
Indonesia Overseas Workers (BNP2TKI) took several actions, including:

1. Socialization of the Placement and Protection of Indonesian Workers abroad,

including:

a. Socialization of policies for the placement and protection of Indonesian

Workers with relevant agencies in Banda Aceh (100 participants) consisting
of: BNP2TKI, Aceh BP3TKI, Aceh Provincial Labor Office, Immigration Office,
Population and Civil Registry Office, Health Service, Police, Vocational
Training centers, the Implementer of the Placement of Indonesian Workers
in Private Sector (PPTKIS), Health Facilities and Insurance.
b. Socialization of Opportunities for Foreign Work and Safe Migration with

34
 strategic partners in 110 locations (200 people/location) with a total number
of 22,000 participants, consisting of: community, job seekers, religious
leaders, community leaders, village officials. This activity was carried out
in the provinces of Aceh, North Sumatra, West Sumatra, Riau, Bengkulu,
South Sumatra, Lampung, Banten, Special Capital Region of Jakarta, West
Java, Central Java, East Java, West Nusa Tenggara, East Nusa Tenggara,
South Sulawesi, Central Sulawesi, and Papua.
c. Socialization of the Placement and Protection of Indonesian Workers in
collaboration with other relevant agencies/NGOs in 20 locations (100
people/location), with a total number of 2,000 participants, consisting of: the
community, job seekers, and families of IMW, religious leaders, community
leaders, and village apparatus. Activities carried out in the provinces of
Lampung, Banten, Special Capital Region of Jakarta, West Java, Central
Java, East Java, West Kalimantan and Central Kalimantan.
d. Socialization of the Placement and Protection of Indonesian Workers through
the media of cultural arts in 30 locations (500 people/location), with a total
number of participants of 15,000 people, consisting of: the community,
job seekers, and families of Indonesian Migrant workers, religious leaders,
community leaders, and village officials. This activity was carried out in the
Provinces of Lampung, Banten, West Java, Central Java, and East Java.
e. Socialization of the Placement and Protection of Indonesian Workers
through Thematic Student Community Service (KKN) in collaboration with
universities, at 6 colleges (1,000 people/college) with a total number of
participants of 6,000 people, with participants: Field Supervisors, Student
participants, community, religious leaders, community leaders and village
officials. This activity was carried out in the provinces of Lampung (Unila),
Banten (UIN Serang), Central Java (Wahid Hasyim University Semarang),
East Java (Unair), West Nusa Tenggara (UIN Mataram), and East Nusa
Tenggara (Uncen).

2. In order to provide ease of placement services for IMW, BNP2TKI has

established LTSA since 2014. This service involves several agencies, namely:
District/City Labor Office, BP3TKI/LP3TKI/P4TKI, Immigration, Population
and Civil Registry Service, Health Facilities, Banking, and Insurance, in 24
locations, namely: Mataram in 2014, Surabaya (2015), Nunukan, Yogyakarta,
Gianyar and Indramayu (2016), Surabaya, Sambas, Central Lombok, Cirebon,
Sumbawa, Cilacap, and Sukabumi (2017), and Entikong, East Lombok, Pati,
Karawang, Subang, Tulungagung, Brebes, Kendal, Tanjung Pinang, Batam,

35
 West Lombok, and Banyuwangi (in 2018)..

3. Through the Decree of the Head of BNP2TKI No. Kep. 39/KA/III/2018 dated
March 20th 2018, 30 villages were designated as locations for the Community
of Migrant Worker Families (KKBM) for 2018 (see Table 7 which has been
accumulated with the 2017 KKBM), with the following functions.

a. disseminating information on the Procedure for Placement and Protection

of Indonesian Migrant Workers Abroad;
b. information on job opportunities abroad;
c. providing advocacy and assistance on prospective IMW or Troubled IMW;
and
d. empowerment of ex IMW.
KKBM development received appreciation from the Ministry of Foreign
Affairs by giving the “Hassan Wirajuda IMW Protection Award (HWPA)”
Award for the Category of Regional Government in Awarding Letmafo Village,
Central Insana District, North Central Timor District, East Nusa Tenggara
(2018) and Lontar Village, Serang District, Banten Province (Year 2019).

TABLE 9: LOCATION DISTRIBUTION OF THE COMMUNITY

OF MIGRANT WORKERS FAMILIES OF 2017-2018

No. Working Area District/ Sub District Village

(Province) City
(1) (2) (3) (4) (5)
Lampung
1. East Lampung Metro Kibang Margototo
Sekampung Giriklopomulyo
Purbolinggo Taman Endah
South Lampung Palas Bumi Daya
Central Lampung Bangun Rejo Tanjung Jaya
Pesawaran Kedondong Kedondong
Banten
2. Pandeglang Sobang Teluk Lada
Lebak Sajira Sukarame
Tangerang Kemiri Legok Sukamaju
Serang Pontang Domas
Tirtayasa Lontar
West
3. Java Subang Pusakajaya Pusakajaya
Purwakarta Bojong Pesanggrahan
Indramayu Sukra Sukra
Sliyeg Majasih
36
Karawang Cilamaya Wetan Sukakerta
Cirebon Kepatakan Pegagan Kidul
 Purbolinggo Taman Endah
South Lampung Palas Bumi Daya
Central Lampung Bangun Rejo Tanjung Jaya
Pesawaran Kedondong Kedondong
Banten
2. Pandeglang Sobang Teluk Lada
Lebak Sajira Sukarame
No. Working Area District/
Tangerang Sub District
Kemiri Legok Village
Sukamaju
(Province) Serang City Pontang Domas
(1) (2) (3) Tirtayasa(4) Lontar (5)
Lampung
1.
West
3. Java East
SubangLampung Metro Kibang
Pusakajaya Margototo
Pusakajaya
Purwakarta Sekampung
Bojong Giriklopomulyo
Pesanggrahan
Indramayu Purbolinggo
Sukra Taman
Sukra Endah
South Lampung Palas
Sliyeg Bumi Daya
Majasih
Central Lampung
Karawang Bangun Rejo
Cilamaya Wetan Tanjung Jaya
Sukakerta
Pesawaran
Cirebon Kedondong
Kepatakan Kedondong
Pegagan Kidul
Banten
2. Pandeglang
Majalengka Sobang
Lemah Sugih Teluk Jadi
Suka Lada
Lebak
Kuningan Sajira
Cigugur Sukarame
Cigadung
Tangerang
Sukabumi Kemiri
Kebon Pedes Legok Sukamaju
Kebon Pedes
Serang
Sumedang Pontang
Ujung Jaya DomasJaya
Ujung
Garut Tirtayasa
Bayongbong LontarKutray
Salah
West
3. Java
Central
4. Java Subang
Pati Pusakajaya
Gembong Pusakajaya
Semi Rejo
Purwakarta Bojong
Pucakwangi Pesanggrahan
Mojoagung
Indramayu
Banyumas Sukra
Sumbang Sukra
Banteran
Sragen Sliyeg
Gesi Majasih
Tanggan
Karawang
Kendal Cilamaya
RinginarumWetan Sukakerta
Ringinarum
Cirebon
Wonosobo Kepatakan
Selomerto Pegagan Kidul
Krasak
Majalengka
Batang Lemah Sugih
Bawang Suka Jadi
Getas
Kuningan Cigugur
Tersono Cigadung
East Rejosari
Sukabumi
Semarang Kebon Pedes
Pringapus Kebon Pedes
Candirejo
Sumedang
Grobogan Ujung Krayung
Karan Jaya Ujung Jaya
Termas
Garut
Cilacap Bayongbong
Sidareja Salah Kutray
Sidareja
Central
4. Java Pati Gembong
Nusawungu Semi Rejo
Karangtawang
East
5. Java Banyuwangi Pucakwangi
Gambiran Mojoagung
Wringin Rejo
Banyumas
Jember Sumbang
Ambulu Banteran
Karanganyar
Sragen
Lamongan Gesi
Solokuro Tanggan
Sugihan
Kendal
Sumenep Ringinarum
Guluk-Guluk Ringinarum
Bragung
Wonosobo
Blitar Selomerto
Garum Krasak
Tawangsari
Batang Bawang Getas
Source: BNP2TKI, 2018 Tersono East Rejosari
Semarang Pringapus Candirejo
Grobogan Karan Krayung Termas
The Ministry of Women’s Empowerment
Cilacap and Child
Sidareja Protection implements
Sidareja several
efforts, including: Nusawungu Karangtawang
East
5. Java Banyuwangi Gambiran Wringin Rejo
Jember for the Prevention
1. Forming a Community Ambulu Karanganyar
and Handling of the TIP Community
Lamongan Solokuro Sugihan
Watch. (TIP-CW)
Sumenep Guluk-Guluk Bragung
Blitar Garum Tawangsari
TIP-CW is a TIP prevention model at the grassroots level that involves
community participation, such as traditional leaders, religious leaders,

37
 community leaders, village/urban village heads, Family Welfare Program
(PKK) members, Karang Taruna youth organizations, NGOs, educators, and
students. TIP-CW was formed to raise public awareness and concern for TIP
practices around it. In addition, to increase the effectiveness of prevention
and handling of TIP from the upstream, considering that most cases of TIP
start at the village level, while the ATTF institution only reaches the district/
city level.

The process of establishing CW was facilitated by a local NGO, which had

previously been active and had a concern for the prevention and handling of
TIP. These NGOs were jointly selected by the Ministry of Women Empowerment
and Child Protection’ provincial and district/city Women Empowerment and
Child Protection offices. Its duties include proposing the location of the CW
village, selecting a change agent (champion), conducting socialization and
training to increase the understanding of village officials, communities, and
CW change agents about TIP prevention. The formation of CW does not
always have to form a new institution at the village level, but can use existing
community institutions such as the Citizen Shelter in Makassar City, PATBM,
Balai Perempuan KPI, and others, which can be enriched with the substance
of ATTF. The Regent /Mayor further confirms the agents of change with a
Decree (SK), as a form of appreciation for their willingness to contribute to
preventing and dealing with TIP

CW was initiated in 2016 and until 2019 it has been formed in around 502
villages with a total of 937 agents of change.

TABLE 10: DATA FOR THE ESTABLISHMENT OF

COMMUNITY FOR THE PREVENTION AND HANDLING OF
TIP (TIP-CW)
Year of Number of sub- Number of Village Number of Agent of
Establishment province Change
2016 5 67 250 people
2017 16 115 781 people
2018 31 320 1.681 people
Total 52 502 2.712 people

38
T
he direct impact can be seen from the CW model, increasing early community
awareness of TIP cases, reporting to law enforcement officials, and
accompanying victims in prosecution and rehabilitation processes. In addition,
CW members are also actively involved in the Development Plan Forum (Musrenbang),
encouraging the village/sub district government to allocate village funds to support
CW’s work in the village/sub district.

2. Compile and disseminate various Information Education and Communication

materials in the form of pocket books on the Prevention and Handling of TIP,
short films about TIP for the purpose of sexual exploitation and the modus
operandi for migrant workers, leaflets, standing banners, etc.

3. Carry out campaigns to eradicate the crime of trafficking in persons in several

areas with high TIP cases, such as Banten, East Nusa Tenggara, North
Sulawesi, with around 1,500 participants in each location. The campaign is
also carried out in special activities such as commemorating the World Day
against TIP every July 30th, with a series of discussions, seminars and general
competitions.

4. Publishing a Training Module for Mental Strengthening of Prospective

Indonesian Migrant Workers in 2018. In addition, a Capacity Building Training
was held for 300 prospective female migrant workers who came from pockets
of migrant workers. Thus, since 2016, 900 women IMW candidates have been
trained.

5. The Integrated Service Center for the Empowerment of Women and Children
(P2TP2A) has increased service coverage for women victims of violence and
TIP, which are spread across 34 provinces and 390 districts/cities. Likewise,
the presence of the Car for the Protection of Women and Children (MOLIN)
and the Motorcycle for the Protection of Women and Children (TORLIN)
are strongly felt in preventing and handling cases of violence and TIP in 34
provinces and 209 sub-provinces.

6. Standardization of documentation and reporting of Violence and TIP cases

using Online Information system for Protection of Women and Children
(SIMFONI PPA) as one of the effort to improve the quality of documentation
and reporting service. The existence of SIMFONI PPA is to ensure availability
of data on violence and TIP cases reported online, that can be accessed by all

39
 service unit for violence victims in the national, provincial and sub-provincial
level, in real time and accurate manner. Other effort of MoWECP through 3rd
party is establishing ISO-9001 certification to 36 P2TP2A across Indonesia.

7. Signing of MoU between origin and destination and transit areas of TIP, and
preparation of skilled Women Migran labor through the program of excellent
Indonesian Women. In this activities, 300 Indonesian Migrant Worker got
mental strengthening.

F
urther, Ministry of Law and Human rights through the directorate general of
Immigration, for the sake of preventing TIP, issued the circular of Directorate
General of Immigration Number IMI-0277.GR.02.06 2017 on prevention of non-
procedural Indonesian migrant workers. Based on the circular, the Directorate General
of immigration during 2017-2019 had delayed issuing 18,591 passports (89.15%) and
2,262 (10.85%) departure postpone on the Immigration checkpoints, to Indonesians,
allegedly being non procedural Indonesian Migrant workers.

TABLE 11: NUMBER OF DEPARTURE POSTPONE IN

IMMIGRATION CHECKPOINTS IN 2017-2019
No Form 2017 2018 2019 Total
∑ % ∑ % ∑ % ∑ %
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1 Denial of Passport 5.960 85,44 6.397 93,59 6.234 88,53 18.591 89,15
issuing to
Indonesian
allegedly being non
procedural IMW
2 Postpone of 1.016 14,56 438 6,41 808 11,47 2.262 10,85
departure of non-
procedural IMW in
Immigration
checkpoint
Total 6.976 100 6.835 100 7.042 100 20.853 100

Source: Directorate General of Immigration, Ministry of Law and Human Rights, 2019

Directorate General of Immigration conducted Evaluation and monitoring of TIP

prevention at 56 Immigration offices, and 8 Indonesian consulate abroad, and during
the period of 2016-2019, and conducted briefing/coordination/dissemination of TIP
handling in 15 sub-provinces during Period 2017-2019.

40
I
ndependent organizations and non-government organization being active in the
ATTF during 2015-2019, are amongst: Indonesian Commission for Child Protection
(Komisi Perlindungan Anak Indonesia/KPAI), Indonesian Broadcasting commission
(Komisi Penyiaran Indonesia/KPI), National Motivator for Family Groups (Tim Penggerak
PKK Pusat), Kabar Bumi, Muslimat NU, Aisyah, Badan Musyawarah Organisasi Islam
Wanita Indonesia (BMOIWI), Jarak, and Yayasan Kesejahteraan Anak Indonesia (YKAI).

All achievement of Sub-Task Force of prevention refers to 2015-2019 ATTF National

Action Plan. Nevertheless, there are still programs that had not optimally fulfill the
targets, amongst are:

1. Formulation of policies related to prevention, of which two activities expected

annually.
2. Conduct training and capacity building for law enforcement, Community
figures, Religious figures, indigenous figures, NGO and service organization
personnels, expected five packages annually.

2.2 Challenges and Problems

During 2015-2019, Prevention of TIP still faces various problem and challenges,
amongst are:

1. ATTF Information Communication and Education materials has not

conisidered and emphasized local culture and wisdom.
2. TIP Information Communication and Education materials are still limited and
had not referred to TIP field moda, that allways changes.
3. The synergy and coordination betweem stake-holders of TIP prevention had
not been optimal.
4. Commitment of sub-national government to replicate the community
participation model (good-practices) in effort to prevent TIP is not yet optimal.
5. Limited budget allocation for TIP prevention, even one of the region have
minus, specially as there are amalgamation of offices, and sub-national
prioritas, which occurs also in national level, such as in the case of Directorate
General of Immigration.
6. Grand design for TIP prevention strategy had not been established.
7. Evaluation of the effectiveness of TIP prevention efforts had not been
conducted.

41
2.3 Recommendation

Considering the above mentioned challenges and problems, to enable optimal TIP
prevention, the following points are needed:

1. Information related to the Indonesian Migrant workers placement and

protection should be disseminated to people in the villages of Indonesian
Migrant workers bases.
2. Education on TIP should be expanded to villages, involving more organizations,
religious and indigenous intitutions, and village groups.
3. Develop the Desmigratif program in all the Indonesian Migrant workers base
villages throughout Indonesia.
4. Develop productive enterpreneurship in the Indonesian Migrant workers base
vilages to improve village economy, thus preventing the inhabitant to seek
work abroad.
5. Replication of Desbumi or Desmigratif and community watch by sub-national
government, as an effort to build resilient village.
6. Utilizing ICT for prevention and coordination of TIP through channels/ portal.
7. Capacity building for media actors and journalists with the approach of victim
protection.
8. Documentation and publication of good practices as reference for sub-
national entities to develop program and policies on TIP prevention.
9. Disclosing modes and motives of officials involved in non-procedural
Indonesian Migrant workers placement in immgration check points.
10. Thoroughly investigate and firmly sanction TIP syndicate that send
Indonesian Migrant workers abroad outside proper procedures (Projustitia).

42
handling
43
CHAPTER 3

Health rehabilitation
handling is supported
by Health Rehabilitation
Sub Task Force through
Directorate General of
Public health as the lead of
Sub Task Force.

44
3.1 Health Rehabilitation

H
ealth rehabilitation is supported by health rehabilitation sub task force through
Directorate of health rehabilitation as the leader of sub task force consisting:
Director general of Health Services, Directorate general of prevention and
control, Ministry of Women empowerment and Child Protection (Deputy of Gender
equity, Deputy of Women’s rights protection, Deputy of Child Protection, Deputy
of child growth and development, Deputy of community participation), Ministry of
finance (Directorate General of Budget), Ministry of Development planning/National
Planning Body (Deputy of Human Development, Society and Culture), Directorate of
National Health Assurance, Director of Center for medical and health of Indonesian
National Police, Director of integrated service center of national state hospital (Cipto
Mangunkusumo Hospital), Director of Indonesian Doctors Association, Director of
Indonesian midwife association, Director of Indonesia Pediatrician Association, Director
of Indonesian Planned Parenthood Association, Director of Karya Dharma Kesatuan
Indonesia, Director of Indonesian Hospital Association, Director of Indonesian Nurse
association.

Sub Task Force of Health Rehabilitation mandate is to develop integrated

service center, standardization of Health Rehabilitation service, Capacity
development, budget allocation, monitoring and evaluation and guidance.

45
 The aim of Health Rehabilitation sub task
force is to improve Health Rehabilitation
services for TIP victims.

Indicators:

1. The number of Community health centre capable of governance

on Violence to women and Children (Ktp/A) and Integrated Service
Center/Integrated crisis center in Hospitals on the handling of
Ktp/A, including TIP through dissemination and advocacy to
establish community health centre of governance on Violence to
women and Children and Integrated Service Center/Integrated
crisis center in Hospitals on the handling of Ktp/A in province level
referral hospitals, minimal of 4 community health centre in each
sub-province and 1 Ktp/A Hospital in sub-province, coordination
meeting with KtP/A network/offices, including TIP, and integrated
guidance in the province to strengthen KtP/A, including TIP.

2. Number of trained health personnel, capable of handling KtP/A

victims, including TIP in community health centre and PPT/PKT
in Hospitals through training and TOT on health service for KtP/A
and TIP victim, Capacity building activitiea for health personnels as
counselor in the health services facilities for TIP and KtP/A cases
and training activities for health personnel in Port Health office in
handling TIP.

3. Number of special room for KtP/A and TIP services in the provincial
referral and entry point hospital and number of hospital with
integrated service center in sub-provinces through the activities of
providing infrastructure and facilities of special room for KtP/A and
TIP services in the provincial referral and entry point hospital and
number of hospital with integrated service center in sub-provinces

4. Number of Provinces having reporting and registry system in

provincial referral hospital in entry point, Hospital with Integrated
Service Center in sub-province, and Community health centre
capable of CtW/C governance, through establishment of

46
 documentation and report format, in every health service facilities, activities of
developing documentation and reporting system for KtP/A and TIP for all provinces,
including in entry point areas, skill building activities for trained personnels as leaders
for data processing program in the health services facilities, and the availability of
integrated KtP/A and TIP data for obtaining health services.

5. Integrated Monitoring and Evaluation on handling KtP/A and TIP through preparation
of integrated format/questionnaire for monitoring and evaluation in the province and
sub-province and furnishing monitoring evaluation of province and sub-province
program activities.

3.1.1 Achievement

The efforts of Health Rehabilitation is to provide Holistic health services, ranging

from Promotion, Prevention, cure, and rehabilitation. Health Rehabilitation efforts for
TIP victims belongs to overarching efforts of Prevention and handling of Violence to
Women and Children, and TIP involves is a cross program efforts. Standard of Health
services for the victims of KtP/A and TIP in the health service facilities comprise of
(i) promotion and prevention: (a) Communication, Information and Education; (b)
counselling; and (c) Family and community empowerment; (ii) Medical cure: (a) Medical
examination (anamneses, physical examination); (b) Mental status examination; (c)
Supporting examination; (d) Medical administration; (e) medic legal; (iii) Rehabilitation:
(a) Recovering body biological function; (b) Preventing further biological and mental
dysfunction; (c) Handling of victim and perpetrator psychology; (d) Psychosocial; and
(iv) Referral: Multi sector and Multi-disciplinary network.

Health Rehabilitation for TIP victim/witness, especially for Troubled IMW is

done starting at the entry point. The services is provided by local port health
office. The activities are amongst: (i) supervision of health quarantine; (ii)
health services: outpatient and referral; (iii) Disease control; (iv) Environment
sanitation; (v) Surveillance; and (vi) Health Promotion for Clean and healthy life
behavior. The appointed referral hospital conducts varied activities, amongst
are: (i) health services: outpatient and inpatient; (ii) Health Promotion for Clean
and healthy life behavior.

47
Meanwhile, services in the transit/disembarkation services are done by Community
health center appointed by local health office. The activities are amongst: (i) health
services: outpatient and referral supervision of health quarantine; (ii); Disease control
(iii) Environment sanitation; (iv) Surveillance; and (v) Health Promotion for Clean and
healthy life behavior. The work-flow of Health services for TIP victim including Troubled
IMW are conducted according to Technical Guidelines of Health Services for IMW, as
shown in the following figure.

FIGURE 3: HEALTH SERVICES FOR TROUBLED

INDONESIAN MIGRANT WORKER

Source: Directorate General of P2PL Ministry of Health, 2010

48
F
or Health rehabilitation services to TIP victims, currently there are 2,465
Community health center capable of KtP/A governance, 320 Hospitals capable
of KtP/A governance, 71 Hospitals having PPT/PKT and 33 mental hospitals.
Apart from this, 24 Hospitals, 17 Port Health Office, 1 in-patient community health
center had been appointed as health service referral for Troubled IMW returning from
abroad, including those who are TIP victims, as shown in the following table.

TABLE 12: COMMUNITY HEALTH CENTERS CAPABLE OF

KTP/A AND TIP GOVERNANCE
No Province Number of Community
Health Centers
(1) (2) (3)
1 Aceh 68
2 North Sumatera 136
3 West Sumatera 46
4 Riau 50
5 Jambi 43
6 South Sumatera 88
7 Bengkulu 96
8 Lampung 117
9 Bangka Belitung Islands 25
10 Riau Islands 44
11 Jakarta 41
12 West Java 179
13 Central Java 262
14 Yogyakarta 31
15 East Java 108
16 Banten 133
17 Bali 44
18 West Nusa Tenggara 29
19 East Nusa Tenggara 284
20 West Borneo 97
21 Central Borneo 31
22 South Borneo 18
23 East Borneo 60
24 North Borneo 14
25 North Sulawesi 84
26 Central Sulawesi 40
27 South Sulawesi 63
28 Southeast Sulawesi 25
29 Gorontalo 21
30 West Sulawesi 10
31 Maluku 76
32 North Maluku 35
33 West Papua 31
34 Papua 36
Indonesia 2465

Source: Directorate General of Public Health, Ministry of Health, 2018

49
 TABLE 13: HOSPITALS CAPABLE OF KTP/A INCLUDING
TIP GOVERNANCE

No Province Number of Hospitals

(1) (2) (3)
1 Aceh 4
2 North Sumatera 20
3 West Sumatera 7
4 Riau 10
5 Jambi 1
6 South Sumatera 13
7 Bengkulu 13
8 Lampung 6
9 Bangka Belitung Islands 4
10 Riau Islands 8
11 Jakarta 8
12 West Java 20
13 Central Java 45
14 Yogyakarta 9
15 East Java 33
16 Banten 7
17 Bali 9
18 West Nusa Tenggara 2
19 East Nusa Tenggara 15
20 West Borneo 3
21 Central Borneo 2
22 South Borneo 2
23 East Borneo 10
24 North Borneo 3
25 North Sulawesi 3
26 Central Sulawesi 16
27 South Sulawesi 5
28 Southeast Sulawesi 6
29 Gorontalo 2
30 West Sulawesi 0
31 Maluku 11
32 North Maluku 11
33 West Papua 8
34 Papua 4
Indonesia 320

Source: Directorate General of Public Health, Ministry of Health, 2018

50
 TABLE 14:LIST OF HEALTH SERVICE FACILITIES FOR
TROUBLED INDONESIAN MIGRANT WORKERS FROM
ABROAD
Port Health Post (PHP) and Transit Hospitals and treatment Health Centre
(1) (2)
1. First Class PHP Medan 1. PGH* H. Adam Malik Medan
2. First Class PHP Batam 2. SPGH* Pringadi Medan
3. First Class PHP Tanjung Priok 3. SPGH KH Daud Arief Kuala Tungkal
4. First Class PHP Soekarno Hatta Jambi
5. First Class PHP Surabaya
4. SPGH Dumai Riau
6. First Class PHP Makasar
5. SPGH Tanjung Pinang
7. Second Class PHP Tanjung Balai
6. SPGH Tanjung Balai Karimun
Karimun
8. Second Class PHP Tanjung Pinang 7. PGH Otorita Batam
9. Second Class PHP Pontianak 8. PGH Persahabatan Jakarta
10. Second Class PHP Tarakan 9. SPGH Cengkareng Jakarta
11. Second Class PHP Semarang 10. SPGH Koja Jakarta
12. Second Class PHP Bandung 11. Infectious Disease Hospital Sulianti
13. Second Class PHP Mataram Saroso Jakarta
14. Third Class PHP Dumai 12. Police Hospital Sukanto Jakarta
15. Third Class PHP Jambi 13. Psychiatry Hospital Soeharto
16. Third Class PHP Pangkal Pinang
Hoerdjan Jakarta
17. Third Class PHP Kupang
14. PGH Kariadi Semarang, Central Java
18. Transito Kota Tanjung Pinang
15. PGH Soetomo Surabaya, East Java
Timur
16. SPGH Soedarso Pontianak, West
Borneo Kalimantan
17. SPGH Sanggau, West Borneo
18. RSUD Nunukan, East Borneo
19. RSUD Tarakan, East Borneo
20. RS Atma Husada Samarinda, East
Borneo
21. PGH Wahidin Sudirohusodo
Makasar, South Sulawesi
22. SPGH Mataram, West Nusa
Tenggara
23. SPGH RSUD Prof Dr WZ Johanes
Kupang
24. SPGH Bau, Southeast Sulawesi
25. Inpatient health center, Entikong,
North Borneo
*) PGH: Provincial General Hospital, SPGH: Sub-Province General Hospital

Source: Directorate General of Public Health, Ministry of Health, 2018

51
A
dvocacy and dissemination for establishment of minimal 4 Community health
center Capable of KtP/A governance in each sub-province, and establishment
of minimal 1 PPT/PKT in provincial referral hospital in each sub-province,
had been conducted in 34 provinces. Apart from this, there had also been capacity
building for health personnel since 2015 to 2019, to enable health personnel to provide
governance, counselling and referral on KtP/A cases including TIP. As an effort to
accelerate increase of health services capable of KtP/A governance, in 2019 a ToT
module had been created for health services for KtP/A and TIP victims, so that sub-
national entities can independently conducts training using de-concentration or sub-
national budget. ToT for Provincial level facilitators would be gradually conducted
between 2019-2021.

Integrated technical guidance for the management strengthening of KtP/A and TIP
programs are conducted in 2018-2019, in the pilot locations for KtP/A and TIP, namely
sub-province of Cirebon, Province of West Java.

For the capacity building in TIP handling of health personnel in

Port Health centers, training of psychiatric emergency had been
conducted for health personnel in 17 provinces.

Expenses regarding victim/witness of TIP, specially Troubled

IMW, can be catered by ministry of Health with criteria: treated
in the Troubled IMW, referred with referral letter from Port Health
office, no PJTKIS Insurance, based on statement from BNP2TKI,
and only for emergency lifesaving cases, while non-emergency
cases follows existing rules. Claim is submitted in on going year
through verification from ministry of Health.

Ministry of Health support the efforts of TIP prevention, by ensuring that IMW
candidate departs in healthy, ready for work condition, through standardized health
examination. To secure standardized health examination, Ministry of Health had:

1. Set the standard of health examination for IMW candidate through Decree of
minister of health number 29 year 2013.
2. Set the standard fee of health examination for IMW candidate through Decree
of minister of health number 26 year 2015.
3. Set the standard criteria of facilities and procedures for IMW candidate health
examination and

52
 4. Develop Health information system for IMW candidate, and barcode
implementation on health, work worthiness certificate for IMW candidates.

At the moment, ministry of health is promoting development and strengthening of

health program, especially in IMW pocket areas, such as program of Integrated NCD
guidance post (Pembinaan Terpadu Penyakit Tidak Menular/Posbindu PTM), Work
Health efforts post (Pos Upaya Kesehatan Kerja/Pos UKK), handling of people with
mental problems, addressing TB, stunting and malnutrition, as a support to the Desa
Migran Produktif/Desmigratif) Program from ministry of labor.

Reviewing the achievement of health Rehabilitation STF, referring the indicators,

program, and target set on the 2015-2019 ATTF National Action Plan, some program
remains yet not optimal, amongst:

1. KtP/A and TIP case data integration, due to the lack of harmony of legislation
that supports data input to the PPA Simfoni application.
2. Prepare integrated format/questionnaire for integrated implementation
monitoring in sub-national level.
3. Reporting of integrated monitoring and evaluation on program implementation
at the sub province level.

3.1.2 Challenges and Problems

Problems and constraints on the provision of Health Rehabilitation to TIP victims and
witnesses are amongst:

1. Insufficient commitment sub-national level commitment to activities related

to improvement of Health Rehabilitation services to victims of KtP/A and TIP.
2. Exclusion of Health service due to violence crime, sexual crime, terrorism
crime, and TIP, form national health insurance based on Presidential rule
number 82 year 2018 on Health Insurance;
3. Every unit in the Ministry/State bodies have their own perspective in handling
TIP issue, and cross program/sectoral communication had not went well,
leaving program integration of the TIP KtP/A handling not optimal;
4. The lack of strong overarching law in the Health services integration through
Simfoni PPP application, obstructing health service data input into Simfoni
PPA due to legal confidentiality of patient medical record;
5. Documentation and reporting of KtP/A by personnel at the health facilities is

53
 not yet optimal;
6. Lack of monitoring and evaluation format as instrument for data and information
collecting to be used as baseline for the reporting of activity implementation in
the sub-province level;
7. inter region coordination for TIP handling are not yet optimal, despite that TIP
cases are often inter-region in nature.

3.1.3 Recommendation

The Plans for 2020 are:

1. ToT training on health services for KtP/A and TIP victims in 8 provinces,
followed by cascaded sub-national training;
2. Establishment of governance algorithm, on health services for sexual violence
victims;
3. Increase cross program, cross sectoral cooperation in the health services
and coordination of KtP/A and TIP network, including integrated technical
guidance;
4. Increase the role of Ministry of Women Empowerment and Children Protection,
and it’s sub-national work units, in coordination with relevant bodies/networks
related to KtP/A and TIP;
5. Creation of evaluation and monitoring format as data and information
gathering tool, for the sake of implementation report in sub-national level;
6. Increase the coordination in the protection and health services for IMW,
including provision of pocket-book, and Information, communication,
education on migrant worker health, and producing guidance on health
protection efforts for IMW;
7. Optimalization of non budgetary sources funding for the improvement of
health rehabilitation for the TIP victims.

54
3.2. Social Rehabilitation, Repatriation, and
Reintegration

M
inistry of Social affairs as the coordinator with the support of BNP2TKI and
the support of Deputy of Women and children protection of Coordinating
ministry of Finance, Directorate general of Protocol and Consulates of
Ministry of Foreign affairs, Directorate General of Budgeting of Ministry of foreign
affairs, Deputy of human development and culture of National Development Planning
Board, Directorate General of air transport, Directorate General of Land transport,
Directorate General of sea transport, Directorate General of Trains, Directorate general
of regional autonomy, Directorate general of supervision of labor, ministry of labor,
Directorate general of poultry, directorate general of food plant, directorate general
of domesticated fisheries, Security Division of Police, Deputy of Women and children
Protection Ministry of Women Protection and Child protection, Deputy of protection
of BNP2TKI, Director of Indonesian Psychology association, Bandung Wangi, APJATI,
Yayasan Kabar Bumi, Yayasan Kesejahteraan Anak Indonesia, Directorate general of
Poor people of Ministry of social affairs, Deputy of human resource development of
ministry of cooperatives and small-medium enterprises.

The aim of Social Rehabilitation sub task

force is to improve the social rehabilitation
service for TIP victims.

Indicators:

1. Increase of social rehabilitation services for TIP victims, with indicators:

a. Number of victims obtaining services through activities of providing
protection safe houses (RPTC, RPSA, RPSW) in the national/ sub-
national level, activities of service and protection services for TIP
victims abroad, and activities of facilitating case investigation report
for TIP victims in Indonesian consulates.

55
 b. Number of institution that provide services through acceptance of
victim referral and giving victim referral and the activities of increasing
the number of citizen service system in non-citizen service Indonesian
consulates.
c. Number of human resources being trained through activities of Social
Rehabilitation to TIP victims, activities of case assistance (related to legal
process), activities of training to assistance personnel, and activities of
training on TIP activities victim identification for officials and staffs of
Ministries of foreign affairs.

2. Conducting repatriation service for TIP victims with indicators:

a. Number of victims repatriate to their origin location safely, through
activity of victim repatriation from incident location to victim’s origin/
from overseas to Indonesia and activities of providing assistance to TIP
victim.

3. Improving social reintegration services for TIP victims with indicators:

b. Number of victims obtaining social reintegration assistance through
activities of providing skills training for TIP victims, activities of self-
reliance business assistance, activities of PKSA assistance.
c. Number of victims accepted by their surrounding community, through
activities of assistance facilitation, activities of campaign to community/
work group on TIP, activities of facilitating preparation of families/
surrogate families, and activities of reintroducing victims to formal/
informal education.

3.2.1 Achievements

Rehabilitation16, repatriation17, and reintegration18 to TIP victims had many progress.

The measures taken by government in handling rehabilitation, repatriation, and
reintegration are also supported by NGOs.

Ministry of foreign affairs collected cases data of 60 incidences on Indonesian TIP

victims overseas during 2015-2019, 12 cases each year. Updating of Indonesian

16
The process of recovering the function and development to enable one to perform social function
properly in the social life.

56
Citizens are done through implementation of Indonesian Citizens service and protection
in Indonesian consulates based on Peduli WNI Portal. The Peduli WNI Portal system
had been implemented in full feature configuration by 92 Indonesian consulate through
technical guidance activities, to officials and staffs of Indonesian Consulates, and 126
Indonesian consulates had implemented the self-report feature through the portal.

Ministry of foreign affairs had also provided services and protection for TIP victims
overseas and facilitated TIP victim case investigation report in the Indonesian consulate.
During 2015-2019, Ministry of foreign affairs had handled 1, 975 TIP victims in various
countries. East and South East Asia 802 cases; Middle east 858 cases; Africa 858
cases; Oceania 35 cases; Europe 33 cases; and South and central Asia 12 cases. From
the whole data the highest rank in TIP case numbers are People’s Republic of China
(283), Syria (178), United Emirate Arab (176), and Saudi Arabia (83).

Other Efforts done by BNP2TKI:

1. Accepted TIP victim cases during 2015-2019, there were 865 cases of sick
IMW, consist of 281 people (32,49%) in 2015, 223 (2.78%) in 2016, 171
(19.77%) in 2017, 109 (12.60%) in 2018, and 81 (9.36%) in 2019.

2. Providing assistance to the result of IMW candidate sweeping during the

period of 2015-2019, total of 1,212 people, consisting of 259 people (21.37%)
in 2015, 622 people (51.32%) in 2016, 147 people (12.13%) in 2017, 156
people (12. 87%) in 2018, and 28 people (2.31%) in 2019.

3. Improve the social reintegration services for TIP victims, BP2TKI facilitated
the assistance of each victims during the period 2015-2019.

Ministry of Social affairs through the director of rehabilitation for the homeless and TIP

17
Process of bringing home TIP victim to the home origin country/location or to family/surrogate family,
bases on the intention or consent of the victim, while remaining focused to protection services compliant
to victim rights.

18
Process of economic and social recovery and inclusion, after experience of trafficking, in which the
victim then become capable of life navigation, and along the recovery process, the victim proceed to
he future including safe residence, access to adequate lifelihood, mental and physical wellbeingness,
opportunities for self, social and economic development, and access to emotional and social support.
57
victim, compiles the problems faced in TIP victim rehabilitation, repatriation, and social
reintegration into the following categories: (i) Women TIP victims experiencing sexual
violence; (ii) TIP and Violence Victims needing basic rehabilitation; (iii) Indonesian
Migrant TIP victim from Malaysia; (iv) Violence victims that had regained social
functions; and (v) TIP victim Indonesian Migrants that had been repatriated to their
origin locations. The five problems had been handled with targets and achievement as
in the following table.

TABLE 15: REHABILITATION, REPATRIATION, AND

SOCIAL REINTEGRATION PROGRAM IN THE YEAR 2019

No Problem handling Target Achievement Location

(1) (2) (3) (4) (5) (6)
1 Women TIP Social Rehabilitation in 35 40
victims Women Social safe
experiencing house (RPSW)
sexual violence
2 TIP and Violence Social Rehabilitation in 750 898
Victims needing Trauma Center Safe
basic House (RPTC)
rehabilitation;
3 Indonesian Repatriation of 7.000 7.175 Origin
Migrant TIP victim Indonesian Migrant TIP province
from Malaysia victims indicated to be
victim of TIP in
Malaysia through
Tanjung Pinang and
Pontianak Shelter to
origin
4 Violence victims Purpose Assistance 300 300 Malang,
who had regained (BanTu) For Violence Sumedang,
social functions victims through Sinjai,
productive economic Bulukumba
business (UEP)
5 TIP victim Social guidance 2.500 3.710 15 districts or
Indonesian through stimulant cities
Migrants that had provision
been repatriated
to their origin
locations.

Source: Ministry of Social Affairs, 2019

58
 Social guidance program for TIP victim Indonesian Migrants through
stimulant aid provision for 3,710 people in 15 sub-provinces, is
one of the social integration program. This program emphasize on
empowerment and assistance to repatriated TIP victim Migrants.
This program is conducted by social welfare organizations (SWO).
The program is aimed at economic strengthening for economic self-
reliance of the TIP victims Indonesian migrants.

The most numerous assistance is done by SMBI of East Lombok in West Nusa Tenggara,
of 500 people (13.48%); followed by Mawar Persada, in Majalengka sub-province,
West Java 350 people (9.43%); Perkumpulan Panca Karsa (PPK) in Mataram, Central
Lombok, West Nusa Tenggara 340 people (9.16%); Madura Idea Foundation, Sumenep
sub-province, East Java 300 people (8.09%); Asa Puan, Sambas Sub-province, West
Borneo 250 people (6.74%); Madura Idea Foundation, Pamekasan sub-province, East
Java 250 people (6.74%); Mawar Bilqis, Cirebon sub-province, West Java 250 people
(6.74%); Rumah Perempuan, Kupang sub-province, East Nusa Tenggara 250 people
(6.74%); and others in the following table.

TABLE 16: SOCIAL GUIDANCE TO TIP VICTIMS

INDONESIAN MIGRANTS
No Social Welfare Province Sub-province 2018 2019
Organization
(1) (2) (3) (4) (5) (6)
1 SBMI East Lombok Nusa Tenggara East Lombok 500
Barat
2 Mawar Persada West Java Majalengka 250 350
3 Perkumpulan Panca West Nusa Central Lombok 340
Karsa (PPK) Mataram Tenggara
4 Madura Idea East Java Sumenep 300
Foundation
5 Asa Puan West Borneo Sambas 250
6 Madura Idea East Java Pamekasan 250
Foundation
7 Mawar Bilqis West Java Cirebon 250 250
8 Rumah Perempuan East Nusa Kupang 250
Tenggara
9 Pah Timor East Nusa North Central 250
Tenggara Timor
10 Kabar Bumi TTS East Nusa South Central 250
Tenggara Timor
11 Future The Timor East Nusa Malaka 210
59
Tenggara
12 Intan Cendekia West Java Garut 200
13 Lembaga East Java Blitar 180
 6 Madura Idea East Java Pamekasan 250
Foundation
7 Mawar Bilqis West Java Cirebon 250 250
8 Rumah Perempuan East Nusa Kupang 250
Tenggara
9 Pah Timor East Nusa North Central 250
No Social Welfare Province
Tenggara Sub-province
Timor 2018 2019
10 KabarOrganization
Bumi TTS East Nusa South Central 250
(1) (2) (3)
Tenggara Timor (4) (5) (6)
1
11 SBMI
FutureEast
The Lombok
Timor Nusa Tenggara
East Nusa East Lombok
Malaka 500
210
Barat
Tenggara
2
12 Mawar Persada
Intan Cendekia West Java Majalengka
Garut 250 350
200
3
13 Perkumpulan
Lembaga Panca West Nusa
East Java Central
Blitar Lombok 340
180
Karsa (PPK) Mataram
Pengembangan Tenggara
4 Perempuan
Madura IdeaDesa East Java Sumenep 300
14 Foundation
Gema Kasih Karunia East Java Kediri 180
5 Asa Puan
Foundation West Borneo Sambas 250
6
15 Madura Idea Panca
Perkumpulan East
WestJava
Nusa Pamekasan
East Lombok 250
150
Foundation
Karsa (PPK) Mataram Tenggara Barat
16
7 Darul Hikmah
Mawar Bilqis Care West Java Bandung
Cirebon 250 150
250
8 Rumah Perempuan East Nusa (district)
Kupang 250
17 Perserikatan West Java
Tenggara Cianjur 150
9 Pah Timor Kepala
Perempuan East Nusa North Central 250
Keluarga Tenggara Timor
18
10 SakuraBumi
Kabar Foundation
TTS WestNusa
East Java Bogor Central
South 250
19 SBMI Cianjur West Java
Tenggara Cianjur
Timor 250
11
20 Future The Timor
SBMI Sukabumi East
WestNusa
Java Malaka
Sukabumi 250 210
21 SBMI Banten Tenggara
West Java Banten 250
12
22 Intan
SAPACendekia
BANDUNG West Java Garut
Kab. Bandung 250 200
13
23 Lembaga
LRC KJEHAM East Java
Central Java Blitar
Semarang 250 180
24 Pengembangan
Kabar Bumi Central Java Cilacap 250
25 Perempuan
Migran Care Desa Central Java Kebumen 250
14 Gema Kasih Karunia East Java Kediri 180
Sourcer: Ministry of Social affairs, 2019
Foundation
15 guidance
Social Perkumpulan Pancaare conducted
in 2018, West Nusa in the form
East Lombok
of awareness campaign for 150
safe
migrationKarsa (PPK)
in the Mataram
areas of highTenggara Baratand areas of largest IMW origin.
overseas migration,
16 Darul Hikmah Care West Java Bandung 150
The aim of the activities is so that after being repatriated, the IMW are not trapped
(district)
again
17 inPerserikatan
the TIP circuit, and giving understanding
West Java of procedures for safe migration.
Cianjur 150The
social integration
Perempuanprogram
Kepala in 2019, is given in the form of business capital assistance
stimulant, and briefing of safe migration.
Keluarga
18 Sakura Foundation West Java Bogor 250
19 SBMI Cianjur West Java
Ministry of Social Cianjur
Affairs, through 250house (Rumah
Trauma center safe
20 SBMI Sukabumi West Java Sukabumi 250
Perlindungan Trauma Center/RPTC) during 2015-2019 handled
21 SBMI Banten West Java Banten 250
498 violence victims (8.29%), 2,541 TIP victims (42.03%), 3,007
22 SAPA BANDUNG West Java Kab. Bandung 250
23 LRC KJEHAM TIP victim Indonesian
Central Javawomen (49.74%)
Semarang orang. Especially
250 in 2019,
24 Kabar Bumi there are 737 TIP victims
Central Java (57.89%),
Cilacap there are more victims socially
250
25 Migran CarerehabilitatedCentral
RPTCJava
than previous
Kebumen years which averages
250 between
350-510 victims per year.

60
 TABLE 17: DATA OF VICTIMS OBTAINING SOCIAL
REHABILITATION IN RPTC

No Year RPTC
KTK TIP Women
number % number % number %
(1) (2) (3) (4) (5) (6) (7) (8)
1 2015 103 6,72 510 33,29 919 59,99
2 2016 50 4,93 339 33,40 626 61,67
3 2017 81 6,26 465 35,94 748 57,81
4 2018 103 11,05 490 52,58 339 36,37
5 2019 161 12,65 737 57,89 375 29,46
Total 498 8,24 2541 42,03 3007 49,74
Source: Ministry of Social affairs, 2019

Client handling in Trauma Centre Safe House (RPTC) are conducted based on cases
categories of Domestic Violence, Rape, Sexual harassment, Abandonment, Children
of TIP victim, and Psychological violence. There are 205 cases of domestic violence, 7
cases of rape, 9 cases of abandonment, 2,490 cases of TIP, 41 children of TIP victim, and
241 cases of physical violence, thus total of 3,643 clients receiving Social rehabilitation
services in the RPTC the last 5 years.

TABLE 18: TRAUMA CENTRE SAFE HOUSE CLIENT BY

CASE
Violence type YEAR Total
2015 2016 2017 2018 2019
F M P L P L P L P L
Domestic violence 31 7 30 14 12 2 10 2 93 4 205
Rape 3 0 2 0 0 0 0 0 2 0 7
Sexual harassment 0 0 0 0 3 0 17 16 0 0 36
Abandonment 10 8 0 1 0 0 0 0 0 0 19
TIP 209 244 266 73 338 127 436 54 660 83 2490
Child of TIP Victim 1 3 0 2 9 5 3 2 9 7 41
Psychological 34 63 0 1 20 30 28 25 11 29 241
Violence
Total 288 325 298 91 382 164 494 99 775 123 3039

Source: Ministry of Social affairs, 2019

61
T
here is an increase of variety on the ever changing modes violence and TIP.
The cases that become public attention are the case of order bride, Fishing
ship crew, and child prostitution. TIP also occur in the fishery sector, in which
RPTC also handles cases of ship-crew indicated to experience slavery in the offshore
fishing ship. The ship crew experience multi exploitation i.e. insufficient salary,
extended working hours, insufficient rest time, physical and psychological violence,
improper food, which causes death, and their body thrown into the sea. These are
harrowing incident, taking broad public attention.

Other cases under broad public attention are, order bride, child prostitution in Jakarta
Apartment, and TIP in fishery sector as ship-crew in Chinese fishing boat. The pattern
of women trafficking had been known in the age of slavery, had now prevailed in
various forms such as prostitution, cheap labor, forcing women to be a beggar, drugs
selling. The current trend being order bride, the victims are lured by promises of easy
luxurious living, and facilities provision.

The factors that pushes women into order bride are poverty, family disharmony,
promise of luxurious living, with affluent wealth and money, minimal work, and
chance to periodically go back to their home origin. These cases had absorbed public
attention as these cases had massive coverage in newspapers as well as electronic
media.

The chain of the case can be broken by prevention campaign, educating the people to
be careful in deciding safe migration. The case of Long Xing 629 ship crew who died
and disposed in the sea, had drawn public attention, indicating there are still many
exploitation and TIP cases in the fisheries sector. Up to the moment there are still
ship crews of 20-30 years age, in social rehabilitation at the trauma center safe house
(RPTC) in Bambu Apus.

During onboard the ship, they are exploited with extended working hours, rest time
of only 3 hours, unpaid wages, wages are not compliant to the contract, and inhuman
treatment by the captain of the ship and other ship crew, and improper food condition.
There are 239 TIP victims handled in RPTC, the most are from Malaysia around
37.24%, followed by Syria 20.50%, Abu Dhabi 12.97%, China 8.37%, Turkey 4.6%,
while the rest are from coming from Philippines, Arab Saudi, Taiwan, Singapore,
India, Morocco, South Korea, Hong Kong, Oman, and Iraq.

62
 TABLE 19: DATA INDONESIAN EMBASSY SENDING TIP
VICTIMS REHABILITATED IN BAMBU RPTC
No. Origin Country 2017 2018 2019
(1) (2) (3) (4) (5)
1. Ind. Embassy in Malaysia 107 72 89
2. Ind. Embassy in Damascus 49 22 49
3. Ind. Embassy in Tahiti 13
4. Ind. Embassy in Colombo 6
5. Ind. Embassy in Beijing 4
6. Ind. Embassy in Kuwait 4
7. Ind. Embassy in Rabat 4
8. Ind. Consulate in Riyadh 4 4 6
9. Ind. Embassy in Cairo 2
10. Ministry of foreign affairs Abu Dhabi 1 31
11. Ind. Embassy in Beirut 1
12. Ind. Embassy in Vietnam 11
13. Ind. Embassy in Egypt 7
14. Ind. Embassy in Turkey 6 11
15. Ind. Embassy in Bahrain 5
16. Ind. Embassy in Africa 5
17. Ind. Embassy in Abu Dhabi 4
18. Ind. Embassy in Sudan 3
19. Ind. Embassy in Iraq 3 1
20. Ind. Embassy in China 2 20
21. Ind. Embassy in United Emirate Arab 1
22. Ind. Embassy in Singapore 1 5
23. Ind. Embassy in Hong Kong 2
24. Ind. Embassy in India 5
25. Ind. Embassy in South Korea 3
26. Ind. Embassy in Morocco 4
27. Ind. Embassy in Philippines 7
28. Ind. Embassy in Oman 1
29. Ind. Embassy in Taiwan 5
195 146 239

Source: Ministry of Social affairs, 2019

63
There are 65,487 Troubled Indonesian Migrant Workers being repatriated from Malaysia
from 2015-2019, consisting of the most in 2016, 19,985 people (30.52%) followed by
2015 of 17,833 people (27.23%), 2017 of 15,534 people (23.72%), 2019 of 7,175 people
(10.96%), and least 2018 of 4,960 people (7.57%).

TABLE 20: REPATRIATION OF TROUBLED INDONESIAN

MIGRANT FROM MALAYSIA BY YEAR
No. Year People %
(1) (2) (3) (4)
1 2015 17,833 27,23
2 2016 19,985 30.52
3 2017 15,534 23.72
4 2018 4,960 7.57
5 2019 7,175 10.96
Total 65,487 100

Source: Ministry of Social affairs 2019

Ministry of Social affairs is responsible for Troubled Indonesian Migrant from Malaysia
through two disembarkation, namely Migrants from Pasir Gudang – Johor Bahru
to Tanjung Pinang, repatriated to their home origin through Tanjung Priok Port for
Migrants from South Sumatra, Java, and East Indonesia; and Belawan port in Medan
for Migrants from Northern Sumatera Region (West Sumatera, Riau, North Sumatera,
and Aceh). Indonesian Migrant from Kuching to Entikong, Pontianak, repatriated to
home origin through Tanjung Priok Port.

Troubled Indonesian Migrant WNI-M are provided with psychosocial rehabilitation

services in the Trauma Center Safe House, especially those who experienced violence,
and those who are waiting to be returned to their home origin. In many cases, some of
those repatriated, still wanted to go back to work abroad, due that they are not ready
to go home, as they have no job, and have to pay debt to the broker who cater their
departure, and ashamed to their environment, being a failed migrant worker, and
divorce. Some of those who came back are sick, disabled, and having mental disorder.

64
Repatriation

Based on the decree of ministry of Social Affairs number 30 year 2017 on the repatriation
of TIP victim Indonesian Migrant to their home origin, the authority of National and sub
national government are set as follows.

FIGURE 4: PROCESS FLOW OF REPATRIATION OF

TROUBLED INDONESIAN MIGRANT FROM MALAYSIA TO
THEIR HOME ORIGIN

Source: Ministry of Social affairs, 2019

Repatriation of TIP Victims from Malaysia to their home origin are done in the entry
point heading to disembarkation transit, and disembarkation transit heading to home
origin. Transit disembarkation entry point is in the Tanjung Pinang Port and Entikong
West Borneo, while transit disembarkation heading to home origin is in the Tanjung
Pinang, Tanjung Priok and Belawan Port. Repatriation of Indonesian TIP victim by
provincial government is done from province capital to the sub-province. Repatriation
by sub-province government is done from sub-province capital to the origin village.

65
In National level Government, Ministers coordinates the repatriation from Indonesia
to home origin with the relevant ministries and bodies, provincial and sub-provincial
government. Governor coordinates the repatriation from the province capital to sub-
province. Regent or mayor coordinates repatriation form the sub-province capital to the
village. The repatriation is done through MoU of cooperation with state sea Transport
Company, and state land Transport Company, with yearly contract evaluation and
renewal.

Social Reintegration

Most of TIP victims came home without money, some of them even have no asset
whatsoever to be brought home, and this is a very difficult condition for them that
dragged them down to debt trap, reaching to their home origin. Once they reach home
they are in deep debt, this got more difficult as they are unemployed. Without immediate
serious attention and access to social reintegration service program, the situation will
reiterate the victim into the recurring TIP.

The impact of TIP is not only to victim individual, but also the separated family being left
for so long also experienced the same suffering, being far from family member, absence
of money sent, absence of family love and attention, prone to trauma of exploitation.
This condition has significant impacts to the success of victim reintegration to the
families. It is important to extent the intervention not only to victim but also looking at
the family as a whole unity to be involved in the social reintegration.

TABLE 21: INTERVENTION OF MINISTRY OF SOCIAL

AFFAIRS ON SOCIAL REINTEGRATION THROUGH
PRODUCTIVE ECONOMIC BUSINESS FOR RELIANCE OF
TIP VICTIMS

Province Sub-province Organization Number of victims

2015 2016 2017 2018 2019
(1) (2) (3) (4) (5) (6) (7) (8)
Lampung Central LKS Bantuan 104
Lampung Kopi
Metro Nurani 200
Bunda
Lampung Nurani 200 50
Bunda
East Nusa Atambua Angelikum 191
66Tenggara Atambua
Diocese
TTU PAH TIMOR 200 50
 Province Sub-province Organization Number of victims
2015 2016 2017 2018 2019
(1) (2) (3) (4) (5) (6) (7) (8)
Lampung Central LKS Bantuan 104
Lampung Kopi
Metro Nurani 200
Province Sub-province Organization
Bunda Number of victims
Lampung Nurani 2015 2016
200 2017 2018
50 2019
(1) (2) Bunda(3) (4) (5) (6) (7) (8)
East Nusa
Lampung Atambua
Central Angelikum
LKS Bantuan 191
104
Tenggara Lampung Atambua
Kopi
Metro Nurani
Diocese 200
TTU PAH TIMOR
Bunda 200 50
Lampung
Kupang Nurani
Rumah 200 50 250
district Perempuan
Bunda
East Nusa Atambua
Malaka Angelikum
Future De 191 210
Tenggara Atambua
Timor
West Nusa East Lombok Diocese
SBMI 138 500
Tenggara TTU PAH TIMOR 200 50
Kupang Rumah 250
Mataram Bina Potensi 200
district Perempuan
Masyarakat
Malaka Future De 210
West Lombok Panca Karsa 150
Timor
Central Panca Karsa 340
West Nusa East Lombok SBMI 138 500
Lombok
Tenggara
East Java Malang SBMI 167
Mataram
Pamekasan Bina Potensi
Madura Idea 200 250
Sumenep Masyarakat
Madura Idea 300
West
Blitar Lombok Panca
LP2D Karsa 150
180
Central
Kediri Panca Karsa
Gema Kasih 340
180
Lombok Karunia
East Java Malang SBMI
LPKP 167 100
West Java Pamekasan
Garut Madura Idea
Mata Hati 50 250
Sumenep
Garut Madura Idea
Intan 300
200
Blitar LP2D
Cendekia 180
Kediri
Bogor, Gema Kasih
Darulhikmah 234 180
150
Bandung, Karunia
Care, SAPA,
Malang LPKP
Sakura 100
West Java Garut
Cianjur Mata
PEKKA Hati 50 150
Majalengka
Garut WCC Balqis
Intan 100 200
Sumedang Cendekia
Kesuma 100
Bogor, Bongas
Darulhikmah 234 150
Bandung, Care, SAPA,
Source: Ministry of Social affairs, 2018
Sakura
Cianjur PEKKA 150
Majalengka WCC Balqis 100
Sumedang Kesuma 100
Bongas

67
Social Reintegration is reunion of TIP victim with the family, surrogate family, or
community that can protect and fulfill the need of the victim. The effort includes family
tracing, psychosocial assistance, and establishment of self-help group, business
assistance through livelihood therapy, to avoid the victim falling into re-trafficking.

P
roductive business aid for TIP Victims are provided as a measure to prevent
them to go back abroad in illegal or un-procedural way. TIP victims can develop
business and entrepreneurship in their village, to fulfill their family need so they
will not be lured to go back abroad.

In 2018, 17,152 people had been repatriated and received 400 social reintegration
assistance packages, with the value of IDR 4-5 million each, distributed in Lampung,
East Nusa tenggara, Yogyakarta, Semarang, and Majalengka.

TABLE 22: INTERVENTION OF MINISTRY OF SOCIAL

AFFAIRS, RELATED TO SOCIAL REINTEGRATION FOR
VIOLENCE VICTIMS
Location Counter Part 2018 2019
Organization
(1) (2) (3) (4)
Central Java Province Yayasan LRC KJHAM 100 people
Semarang
West Java Yayasan Mawar Balqis 100 people 100 People
Province,Majalengka, Bogor, Cirebon, Kesuma Bogor
Cirebon,Indramayu, Bapel
Sumedang
Lampung Province –Bandar Yayasan Nurani Bunda 50 people
Lampung
East Nusa Tenggara Province Yayasan Pah Timor 50 people
North Central Timor district
Yogyakarta Province Yayasan Rifka Annisa 100 people
Provinsi South Sulawesi Yayasan Sakura Al 100 people
Selatan – Bone district jaman
East Java Province-Malang Yayasan LPKP Malang 100 people
District
Total 400 people 300 people

Source: Ministry of Social affairs, 2019

68
Social Reintegration assistance for the Violence victims is given as of the effort to recover
the victims of violence and TIP so that they can be self-reliant, liberate themselves from
poverty and stand free from trauma of TIP and violence.

Loss of assets, employment and economic sources brought difficulties that often push
the women to be in exploited position, being trafficked and sell themselves to fulfill their
daily need, and debt trap. To break this circle of violence to women, there should be
efforts to raise critical consciousness of the victims to have the courage to report their
case, raise the gender consciousness, and the importance of economic empowerment
for the women violence victim so they can be economically self-reliant.

Generally women have worries on their income, and family economy resilience, there for
economic empowerment program is crucial in accelerating victim recovery to liberate
themselves from trauma, enable them proper livelihood, access to financial resources,
technological advancement to accelerate business and capacity building through
education and gender consciousness.

The success of Ministry of social affairs in their work is also supported by performance
of 27 units of RPTC, 1 Unit of RPSW, and 40 unit of RPSA. Apart from this, there is quality
improvement of service for victims/witnesses during their residence in the safe houses
of RPTC, RPSA, and RPSW. The service quality consist of basic needs (food, clothing,
sanitary) fulfillment, trauma healing for victims, increasing skilled services personnel
such as psychological counselor, doctor, lawyer, and provision of skill guidance and
provision of productive economy stimulant.

TABLE 23: DATA OF TRAUMA CENTER AND WOMEN

SOCIAL PROTECTION SAFE HOUSE IN INDONESIA
No. Province/Name Sub Province Status
(1) (2) (3) (4)
1 RPTC Bambu Apus East Jakarta Owned By Ministry
of Social Affairs
2 RPTC Riau Islands Tanjung Pinang Owned By Ministry
of Social Affairs
3 RPSW Pasar Rebo East Jakarta Owned By Ministry
of Social Affairs
4 South Sumatera Palembang Local Government
5 Riau Pekanbaru Local Government
6 West Nusa Tenggara Mataram Local Government
7 East Nusa Tenggara Kupang Local Government
69
8 Gorontalo Bone Bolango Local Government
9 South East Sulawesi Bau-Bau Local Government
10 Lampung Bandar Lampung Local Government
 1 RPTC Bambu Apus East Jakarta Owned By Ministry
of Social Affairs
2 RPTC Riau Islands Tanjung Pinang Owned By Ministry
of Social Affairs
3 RPSW Pasar Rebo East Jakarta Owned By Ministry
of Social Affairs
4 South Sumatera Palembang Local Government
No.
5 Riau Province/Name Sub
PekanbaruProvince Status
Local Government
(1)
6 (2)
West Nusa Tenggara Mataram (3) (4)
Local Government
7
1 East Nusa Tenggara
RPTC Bambu Apus Kupang
East Jakarta Local Government
Owned By Ministry
8 Gorontalo Bone Bolango Local
of Government
Social Affairs
9
2 South East Sulawesi
RPTC Riau Islands Bau-Bau
Tanjung Pinang Local Government
Owned By Ministry
10 Lampung Bandar Lampung Local
of Government
Social Affairs
3
11 RPSW Pasar Rebo
Banten East Jakarta
Serang Owned By Ministry
Local Government
12 East Java Ponorogo of Social
Local Affairs
Government
4
13 East Java
South Sumatera Palembang
Jombang Local Government
5
14 East Java
Riau Pekanbaru
Sumenep Local Government
6
15 WestNusa
East NusaTenggara
Tenggara Mataram
East Flores Local Government
7
16 East Nusa Tenggara
Sukabumi Kupang
Sukabumi Local Government
8
17 Gorontalo
Cilacap Bone Bolango
Cilacap Local Government
9
18 SouthBorneo
East East Sulawesi Bau-Bau
Samarinda Local Government
10
19 Lampung
West Nusa Tenggara Bandar Lampung
East Lombok Local Government
11
20 BantenSulawesi
South Serang
Pare-Pare Local Government
12
21 East Java
South Sulawesi Ponorogo
Palu Local Government
13
22 East Java
North Sumatera Jombang
Medan Local Government
14
23 Java
East Borneo Sumenep
Bontang Local Government
15
24 East Nusa
South Tenggara
Sulawesi East Flores
Makassar Local Government
16
25 Sukabumi
Riau Sukabumi
Dumai Local Government
17
26 Cilacap
West Sulawesi Cilacap
Polewali Mandar Local Government
18
27 East Borneo
West Nusa Tenggara Samarinda
Lombok Barat Local Government
19
28 West Nusa
Central Tenggara
Borneo East Lombok
Palangkaraya Local Government
20 South Sulawesi Pare-Pare Local Government
Source: Ministry of Social affairs, 2019
21 South Sulawesi Palu Local Government
22 North Sumatera Medan Local Government
TABLE 23 24: CHILDREN
East Borneo SOCIALBontangPROTECTION LocalSAFE
GovernmentHOUSE
24 South Sulawesi IN INDONESIA
Makassar Local Government
25 Riau Dumai Local Government
No 26 West Sulawesi
Province Polewali Mandar
Sub-Province Local GovernmentStatus
(1) 27 West Nusa
(2) Tenggara Lombok Barat(3) Local Government (4)
1 28 Central Borneo
Jakarta RPSAPalangkaraya
Bambu Apus Local Government
Owned By Ministry
of Social Affairs
2 Central Java RPSA Antasena Magelang Owned By Ministry
of Social Affairs
3 East Nusa Tenggara RPSA Naibonat Kupang Owned By Ministry
of Social Affairs
4 West Nusa Tenggara RPSA Bumi Gora Mataram Owned By Ministry
of Social Affairs
5 Riau RPSA PSBR Rumbai Owned By Ministry
of Social Affairs
6 Aceh RPSA Darussaadah Aceh Owned By Ministry
of Social Affairs
7 Jambi RPSA Alyatama Jambi Owned by Ministry
70
of Social affairs
8 Central Java RPSA Ungaran Local Government
 3 East Nusa Tenggara RPSA Naibonat Kupang Owned By Ministry
of Social Affairs
4 West Nusa Tenggara RPSA Bumi Gora Mataram Owned By Ministry
of Social Affairs
5 Riau RPSA PSBR Rumbai Owned By Ministry
of Social Affairs
6
No Aceh Province RPSA Darussaadah Aceh
Sub-Province Owned Status
By Ministry
(1) (2) (3) of Social Affairs
(4)
7
1 Jambi
Jakarta Alyatama
RPSA Bambu Jambi
Apus Owned byBy Ministry
of Social affairs
Affairs
8
2 Central Java Ungaran Magelang
RPSA Antasena Local
Owned Government
By Ministry
9 Yogyakarta RPSA Yogyakarta of Social Affairs
Local Government
10
3 Bali Nusa Tenggara
East Putra Rama
RPSA Naibonat Kupang Local
Owned Government
By Ministry
11 South Borneo RPSA Budi Mulya of Social
Local Affairs
Government
4
12 West
SouthNusa Tenggara
Sulawesi RPSA Bumi Gora
Turekale Mataram
Makassar Owned
Local By Ministry
Government
13 East Java RPSA Bima Sakti of Social
Local Affairs
Government
5
14 Riau
East Borneo RPSA PSBR
BenuaRumbai
Etam Samarinda Owned
Local By Ministry
Government
of Social Affairs
Source: Ministry of Social affairs, 2019
6 Aceh RPSA Darussaadah Aceh Owned By Ministry
Note: 32 RPSA are owned by community of Social Affairs
7 Jambi RPSA Alyatama Jambi Owned by Ministry
of Social affairsand
Achievement of the Sub-task force of Social rehabilitation, Repatriation,
8 Central Java RPSA Ungaran Local Government
reintegration had surpassed the target set in the 2015-2019 ATTF National Action
9 Yogyakarta RPSA Yogyakarta Local Government
Plan. Nevertheless there are still some unreported target, number of human resources
10 Bali RPSA Putra Rama Local Government
trained
11 in implementing
South Borneo their task, such as:
RPSA Budi Mulya Local Government
12 South Sulawesi RPSA Turekale Makassar Local Government
1.13 Social Rehabilitation to TIP RPSA
East Java victim.
Bima Sakti Local Government
2.14 Case
East Borneo RPSAprocess.
assistance related to legal Benua Etam Samarinda Local Government
3. Service assistance to TIP victim.
4. Identification of TIP victims for officials and staffs of Ministry of foreign affairs.

Other unreported item from this sub-task force, is about dissemination of TIP to society
and ATTIP work group, facilitated preparation of families, surrogate families, and
facilitated victims reentry to formal as well as informal education, in collaboration with
Ministry of education and culture.

3.2.2 Best Practices

Best practices are implemented by Indonesian Migrant Labor Union (Serikat Buruh
Migran Indonesia/SBMI), related to TIP case handling. SBMI is a migrant labor and
family member organization founded in February 25th 2003. SBMI formerly is the
FOBMI (Federation of Indonesian Migrant Workers Organization), pioneered and found
by Consortium of Migrant Worker Defenders (KOPBUMI) since year 2000, through
embryo organization called National Network of Migrant Workers. SBMI is recognized
as labor union in 2006.

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SBMI disclosed TIP case in 2017, one victim had successfully been repatriated to
Indonesia by SBMI and Women Solidarity (Solidaritas Perempuan/SP) in 2018. MY is
victim of TIP. Her vulnerability had been exploited that she experienced psychological,
and physical violence, sexual and social suffering.

Ordered Bride

SBMI had assisted many TIP ordered bride cases many times. In 2019, there were 22 TIP
cases experienced by women. 18 of them had successfully returned home, meanwhile
2 women were still at Consulate General of The Republic of Indonesia in Shanghai, and
the other 2 were still with their husbands.

Victims of TIP with ordered bride modus operandi were most likely women from low
economical family background, domestic violence victims and had very limited access
to job opportunities. The largest cases came from Jakarta and West Kalimantan with
32% from total number of cases. Followed by West Java with 18%, Banten 9%, and
Central Java 4%.

Situations mentioned above were several factors that caused women of ordered bride
were relatively easy to lure. When arrived in destined country, these TIP victims were
also prone in domestic space:

1. They felt sinful. It’s because when they arrived there, they were not wedded
as promised. Even if they were legally married they were forced to marry with
different religious way as they believed
2. They received both physical and psychological violence. When victims refused
to have sexual intercouse, they would likely got abused by their husbands or
by the in laws. They could be beaten, choked, strangled with rope, or stripped
naked by mother in law in front of the family. Their husbands didn’t care or
believe them when they said they were in their periods. Victims were forced to
give birth to a child as quickly as possible and often these women were given
infusion for a week full or forced to take fertility drugs
3. Unpaid labour
4. Limited access of communication
5. Labelling. When finally returned home, women who were victims of ordered
bride experienced difficulties in looking for a partner because the society
labeled them negatively.

72
Modus Operandi

Data collected by SBMI shown several factors that made TIP was possible to
happen. Based on the 22 victims’ testimony, economic condition was the prime
reason why these women fell into the matchmaker’s bait. Aside from social status,
most of the victims were widows who had to support not only their children but also
their parents. This is the hole that the matchmakers took advantage of to lure the
victims.

The low level of education among the victims also paid as a huge contributing
factor. Some of them were not graduated from elementary school and one woman
was illiterate. The lack of information about the danger of TIP and ordered bride as
its modus operandi should get more attention by the government, especially in the
cities or villages where the victims were coming from. Victims were unlikely knew
about the rules and procedures to marry someone with different nationality.

Identity used by the ordered bride victims were proven to be a forged document.
For instance the letter issued by The Civil Registry Office in Bekasi was different
with the real identity. In Singkawang, The Civil Registry Office issued a fake family
card and an interfaith marriage certificate with original identity documents. Even
another finding shown that an official marriage certificate was issued not from the
office where the marriage took place.

The civil registry system weakness benefited the matchmakers in smoothen out the
marriage processes between ordered bride with The Republic of China’s citizens.
Both central and local government paid a very minimum attention upon this matter
and subsequently were unable to protect such a criminal act to happen. Within the
forged documents some even had been legalized by Ministry of Law and Human
Rights and Ministry of Foreign Affairs. The most common used visa were Q1 and
S2; a permit for a family visit to Republic of China.

With no permit letter from a village authority or any letter that indicated a residence
of a certain village had married to a foreigner, means the lack of control started even
from the lowest level.

They who involved in ordered bride TIP identified as follow:

1. The first agent in The Republic of China was the one with direct contact
with the groom

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 2. The second agent in Indonesia acted as a matchmaker between the Chinese
groom with the Indonesian women supllied by a network of recruiters from
accomplice areas

These situations had made women and girls involved in sex trafficking or any other
type of works that made women migrated or traded:

1. Women were manipulated and violently forced. They did not know where
they were heading to or what kind of work they would be doing until they
arrived in The Republic of China
2. Women who had been told half of the truth about the nature of their future
job. When they arrived, they were forced to do works they were not agreed
prior to and only had a little options if not nothing at all
3. Women who got full information about the type of job they were about to be
doing. Eventhough they were reluctant to do it, they did not see there were
any other sources of income available.

Plot

Many institutions and individuals were involved in the ordered bride case. Without
realizing it, even the society had also participated in this particular form of TIP.

1. Matchmaking agency in China offered a bride service to a groom with a very

high price. The range was from 400 million IDR to 700 million IDR
2. The matchmaking agency in Indonesia worked closely with potential
recruiters and facilitated identity forgeries (identity card, The Civil Registry
office certificates, marriage book, marriage certificate, passport), provided
accomodation for the groom to be, facilitated meeting between the groom
and the bride to be, organized a pre-wedding photography session, finding
a headman, guardian, and fake witnesses
3. Religious board often involved into the matter, for an instance a certain
Islamic community was used as place to held the holy matromony and its
name would be record in the country as the one who released the marriage
book
4. Either the matchmakers, middleman, or recruiters gave false information
about the matchmaking (lured their potential victims)
5. Government authorities issued documents but with false information

74
 6. Law inforcements neglected the violation of the law
7. The husbands practiced sex slavery, forced the bride to get pregnant soon,
and took advantage of these women’s ability to work for the husband’s
family without giving any salary.

Migrant Workers

As much of 2,456 violence and migrant workers violation cases were received by
SBMI throughout 2010 to 2019. 50% cases were reported directly to central SBMI or
local SBMI by the victims and or their family members. 20% cases couldn’t be solved
by local SBMI so they referred the cases to SBMI central. Some cases were reported
from other means of communication; 10% via telephone line, 5% reported through
social media. 10% cases were referred by other boards of partners who often handle
such cases and as much as 5% was SBMI’s initiative moves to investigate the case.

The systematic migrant workers’ rights violations continued to happen both at the
migrant’s home country and at their working destination country. Violations occurred
were starting from murders due to criminal acts, sexual harassments, tortures, and
victims of TIP. Not only their rights were stripped off of them, they often became
the object of economy exploitations such as the expensive fee they had to pay and
employer’s refusal to pay the salary as agreed. In this fragile state, the migrant
workers chose to run away, undocumented and became a criminalization object for
those who tried to take advantage from their situation. Deportation was inevitable
and the migrant workers lost their rights in the destination country at once.

Indonesia has many specific regulations regarding migrant workers’ rights and some
were inclusive to public services and protections regulations. This means migrant
worker rights are fully protected by constitutions. The laws then translated into
many instruments to help the migrant workers get their protections such as working
contract, placement contract, social security, insurance and recovery mechanism,
as well as establishing a service institution for migrant workers and BNP2TKI crisis
center as a central post for all reports and recoveries.

These instruments and institutions were designed to ensure the protection of migrant
workers’ rights as well as to provide support for unfortunate migrants to get their
rights. At the least these instruments and service institutions can be used to give
deterrent effect to employers and to make sure that migrant workers get their justice

75
through litigation mechanism and other non-litigation ways.

Based on SBMI records within the period of 2010 – 2019 alone women migrant
workers who worked in domestic area were the ones most prone to multiple rights
deprivation. The common event happened such as unpaid salary, unilateral layoff,
overcharged for placement fee, deceived, sexually abuse, and even became a victim
of TIP.

Generally these groups were commonly vulnerable to experience

exploitation, slavery and discrimination; with 1,483 cases (60.38%)
were domestic workers, 257 cases (10.46%) were fishery crew, 27
cases (1.1%) were ordered bride and other sectors 689 cases (28.06%

Cases handled by SBMI, specifically on rights deprivation case of women migrant

workers in domestic area, shown that the impact of such repression was not
singular. Gender bias discrimination, social economy class, race, religion, as well as
various policies had also contributed to the multiple rights deprivation of the women
migrant workers. In each step of migration process, these women experienced
injustice. It happened since they were still in their village up to the times when these
women worked in the destined country. Even when they were back in their village,
the injustice remained.

In 2019 alone SBMI documented 640 of women migrant worker cases. 158 cases
happened in Taiwan, 130 cases in Kingdom of Saudi Arabia, 60 cases in Singapore,
43 cases in Malaysia, and 30 cases in Hong Kong. After a thorough analysis cases
in Kingdom of Saudi Arabia occurred after Ministry of Labor issued a ministerial
decree number 260 in 2015 on the termination and placement prohibition for
Indonesian migrant worker to individual employer in Middle East countries. The
decree boosted TIP to happen especially to Indonesian women migrant workers.
P3MI was not the only party responsible in placing these workers in Middle East
countries but individuals could also do so in Kingdom of Saudi Arabia using Umrah,
pilgrimage, and visit visa.

Various cases were found in Middle East countries; lost contacts, overstayed, TIP,
and placement to conflicted countries such as Iraq, Syria, and Libya. One of TIP
cases that SBMI handled together with Women in Solidarity was the case under the
name of “Martini”. The case went to trial and East Jakarta Civil Court charged the

76
defendant Erna Rachmawati binti Supeno a.k.a. Yolanda with 5 years of imprisonment,
IDR 120,000,000 fine and IDR 25,000,000 restitution to IR as the victim (verdict number
807/Pid.Sus/2019/PN .Jkt.Tim).

Ship Crew

In December 2019 SBMI in collaboration with Southeast Asia Greenpeace released

a report called “Seabound: Journey to Open Sea Modern Slavery”. SBMI conducted
further investigation and gathered more information based the report.19

The investigation report stated 6 manning agencies that placed Indonesian migrant
crew in overseas fishing vessels both in open sea zone and in other country’s exclusive
economic zone.

Based on data from Seabound there were 13 overseas fishing vessels who hired
Indonesian crew and strongly suspected of doing slavery and violations. Each of the
fishing vessels might have been connected to one or more of the 6 manning agencies
in Indonesia.

The amount of violation cases happened to Indonesia crew placed in overseas fishing
vessels closely related to recruitment and placement done by manning agencies in
Indonesia.

The Six Companies

The six companies mentioned above are: PT Puncak Jaya Samudra (PJS), PT Bima
Samudra Bahari (BSB), PT Setya Jaya Samudera (SJS), PT Bintang Benuajaya Mandiri
(BBM), PT Duta Samudera Bahari (DSB) and PT Righi Marine Internasional (RMI). These
companies were manning agencies that recruited and placed Indonesian ship crew to
overseas fishing vessels, especially those owned by Taiwanese.

“Seabound” sequel.
19

77
Recruitment Method

There were several ways used by the manning agencies to recruit crew from Indonesia.
This data and information were gathered from interview with the victims.

1. Victims were lured with high salary

2. The companies told them that working in fishing vessel were fun
3. Victims would get high bonus
4. Poverty
5. Low education
6. In debt

Manning agencies got help from someone that they called a sponsor. This individual
played an important role in recruiting crew from the community to join the manning
agency he was working with.

3.2.3 Problems and Challenges

TIP victims psychosocial rehabilitation task force and reintegration service faced
some challenges and problems due to prevent victims from retrafficking or working
abroad without proper procedures. The social rehabilitation, repatriation, and social
reintegration process also have some challenges and problems as follow:

1. Preventing victims of TIP to fall into the same cycle. As the victims returned
home, they were most likey unemployed. Some had debt to their agents
that they could not pay. In addition the victims might be in an unharmonius
relationship that led to a divorce and or rejection from their family

2. As per this moment, repatriation of troubled Indonesian migrant workers from

Malaysia can be done independently. Subsequently only those with enough
money can go back home. Repatriation can not be done in Tanjungpinang
debarkation

3. Victims oriented approach is needed in rehabilitation program for TIPC victims.

Strenght based perspective will help victims to embrace their full potential, to

78
 recover from trauma, alienation, and stigma in the society. Engagement from
their closest circle such as family would be a big contribution to help victims
recover from their trauma. Thus social workers in RPTC need to expand their
capacities so they could be more explorative in helping victims discover their
potential using strenght based perspective approach.

4. Not all repatriation process went smoothly. The most heartbreaking one
was having to repratriate victims who were sick, disabled, dead, mentally ill,
infected with HIV, pregnant and or in labor. Sort of permanent and bound
agreement with health services is needed for these victims. They need access
to free medical treatment because some of them did not have identity card,
familycard, identity number, or social health security number

5. Repatriation of victims who no longer had a place to live or rejected by the

family. They need surrogate family or referral institution for a long period of
time

6. Limited numbers of safe house in their place of origin, transit, or in the

destination country

7. Very poor coordination between central and local officials

8. Trainings for human resources who assist victims of TIP in social rehabilitation,
services, and legal case assistance, also trainings to identify victims of TIPC
for officials and Ministry of Foreign Affairs staff had not been implemented

9. The socialization about TIP to communities and work groups, preparing family
and or surrogate family, and providing victims of TIPC acess to formal and
non formal education facilities in cooperation with Ministry of Education and
Culture had not been implemented

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3.2.4 Recommendation

The following are recommendations for social rehabilitation, repatriation, and

social reintegration for TIP victims:

1. Monitoring and assistance of sub-task force for social rehabilitation

repatriation and reintegration process from National level to provincial
and sub-provincial level
2. Periodical shelter management monitoring and assistance
3. Facilitating safe house development in areas prone to TIP
4. Maximizing the role of Desmigratif for reintegration and empowerment
5. Increasing commitment and coordination of policy makers
6. Replan the importance of training for skilled Human Resources doing
the task of social rehabilitation for TIP victims, Legal process assistance,
Assistance and services to TIP victims, TIP victim identification for
offcials and staffs of ministry of foreign affairs.
7. Prioritize briefing to society or work groups about TIP, facilitate
preparation of families and surrogate families, and faciltate victim
to re-enter formal as well non formal education in cooperation with
Ministry of Education and Culture

80
 law
enforcement
81
CHAPTER 4

Indonesian Police takes

the role of coordinator
of sub-task force for law
enforcement. With support
from Attorney general,
supreme court, PERADI,
LPSK, and Ministry of Law
and Human rights.

82
The aim is to improve law enforcement in
cases of TIP

Indicators:

1. The number of TIP cases handled by law enforcers through outreach

activities for law enforcement officials, advocacy activities for
decision-makers in the ranks of Law Enforcement Officials (APH),
training activities for Law Enforcement Officials, outreach activities
to the community about TIP, activities to provide assistance
to victims and their families, activities to protect witnesses,
victims, and their families, activities to compile Communication,
Information, Education materials for Law Enforcement Officials,
activities to carry out bilateral cooperation in the context of
handling and protecting cross-country witnesses and victims,
activities to compile gender-responsive technical guidelines and
care for women and children for Law Enforcement Officials, and
formation of TIP Handling Task Force.
2. The number of offenders who received punishment through the
activity of collecting disaggregated data on offenders and victims
of TIP.
3. The number of victims who received restitution through activities
to facilitate victims to gain restitution.
4. The number of assets confiscation of the offenders of TIP
(individuals and corporations) through the assets seizing of the
offenders of TIP (individuals and corporations).

83
4.1 Investigation

4.1.1 Achievement

The law enforcement’s achievement in the preliminary and full investigation process
during 2015-2019, CID-INP among others:

1. Conducting outreach activities on TIP in border areas, namely West Kalimantan

and Riau Islands.
2. Conducting training on the identification of TIP cases in the border areas of
West Kalimantan and North Kalimantan as well as in the areas of Indonesian
migrant workers’ origin, especially East Nusa Tenggara, in collaboration with
the International Organization for Migration.
3. Provide protection for witnesses, victims, and their families.
4. Preparing TIP teaching materials for Suspasen (Senior Officer Course), Pama
(First Officer), and Bintara (Non-commissioned Officer), as well as organizing
training for TIP investigators at the Central Java Police.
5. Cooperating to protect victims as well as return and pick up the victims of TIP
from Malaysia, Damascus, Egypt, Iraq, China, and the United Arab Emirates.
6. Preparing materials to draft two guidebooks sponsored by AAPTIP (now
ASEAN-ACT), namely guidebook on requests for restitution of TIP victims with
Witness Protection Agency (LPSK) and guidebook on financial investigations
in TIP cases with INTRAC.
7. Socialization of guidebooks on requests for restitution of TIP victims and
financial investigations in TIP cases in Bandung, August 13-14 2018.
8. Formation of the TIP Task Force at the Provincial Police in areas of most
TIP victims, namely: West Sumatra Provincial Police, Riau Islands Provincial
Police, West Java Provincial Police, Central Java Provincial Police, East
Java Provincial Police, DI Yogyakarta Provincial Police, Banten Provincial
Police, West Kalimantan Provincial Police, East Kalimantan Provincial Police,
North Kalimantan Provincial Police, Gorontalo Provincial Police, West Nusa
Tenggara Provincial Police, and East Nusa Tenggara Provincial Police.
9. Assisting the cases handled by Provincial Police, especially the East Java
Provincial Police, namely Sampang Resort level Police.
10. Working with AAPTIP to conduct 12 times of training and 11 times of workshops
in order to increase the investigation of TIP for transnational workers in West
Java and the Maluku Islands, with a total of 615 trained Law Enforcement
Officials (472 women and 143 men).

84
 11. Working with APPTIP and Task Force 115 of the Ministry of Marine Affairs
and Fisheries to compile guidelines for the identification of TIP victims in the
Fishery Industry, followed by workshops and outreach.
12. Working with the TIP Task Force for Cirebon, Sukabumi, and Cianjur Regencies
in collaboration with ATTIP to formulate a “Village Regulation” in order to form
a “Multidiscipline Team-MTD” at the village level which will assist the Police to
carry out “early identification/early detection” of TIP victims. Also compiling a
“Service Directory for TIP victims” in West Java.

FIGURE 5: DATA OF TIP CASE HANDLING

Year Number Victims Amt Total Mode
F/M Female Male Victims Mig Comme Dom Ship Organ Child
Adult Child Adult Child rant rcial estic Crew Traffic Traffic
Wor Sexual Wor king king
kers Worker kers
s
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)
2015 123 123 70 95 0 288 166 47 71 1 2 0 2
2016 110 184 67 81 0 332 165 43 60 4 0 1 2
2017 123 1350 89 11 1 1451 164 35 78 8 1 0 1
2018 95 190 18 79 10 297 130 47 38 8 0 0 2
2019 103 200 28 52 0 280 132 50 50 2 1 0 0
Total 554 2047 272 318 11 2648 757 222 297 23 4 1 7

Source: Combined from Provincial Police and CID-INP, 2019

T
arget achieved in the investigation field during 2015-2019, Provincial Police
and CID-INP received 554 Police Reports, of which 2015 totaled 123 (22.20%)
police reports, 2016 totaled 110 (19.86%) police reports, 2017 totaled 123
(22.20%) police reports, 2018 totaled 95 (17.15%) police reports, and 2019
totaled 103 (18.59%) police reports.

CHART 2: TOTAL POLICE REPORT ON TIP

Source: Combined from Provincial Police and CID-INP, 2019

85
From the existing Police Reports, there were 2,648 victims consisting of 2,047 (77.30%)
adult women, 272 (10.27%) girls, 318 (12.01%) adult men, and 11 (0.42%) boys.

CHART 3: CLASSIFICATION OF POLICE REPORTS

AMOUNT

Source: Combined from Provincial Police and CID-INP, 2019

The perpetrators of TIP use various modes and the Police has successfully revealed
them. Based on data from the CID-INP in 2015-2019, “The widely revealed modes are
Commercial Sexual Workers (CSWs) totaled 297 (53.61%) cases; Indonesian Migrant
Workers totaled 222 (40.07%) cases; Domestic Workers totaled 23 (4.15%) cases;
child trafficking totaled 7 (1.26%) cases; Ship Crew totaled 4 (0.72%) cases, and organ
trafficking totaled 1 (0.18%) cases.”

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 CHART 4: TIP CASES BY MODES

Source: Combined from Provincial Police and CID-INP, 2019

The offenders arrested by the Police during 2015-2019, totaled 757 suspects, with
details of 2015 totaled 166 (21.93%) suspects, 2016 totaled 165 (21.80%) suspects,
2017 totaled 164 (21.66%) suspects, and 2018 totaled 130 (17.17%) suspects, and in
2019 totaled 132 (17.44%) suspects.

87
 CHART 5: NUMBER OF THE SUSPECTS OF TIP BY YEAR

Source: Combined from Provincial Police and CID-INP, 2019

The steps developed and implemented by the Provincial Police Investigators and the
CID-INP are progressing, because they are supported, among others, by: First, the
existence of laws and regulations and the Minister of Labor Decree Number 260 of
2015 concerning the Termination and Prohibition of Placement of Indonesian Migrant
Workers to Individual Users in the Middle East States Region and the Order of the
Chief of the National Police of the Republic of Indonesia Number Sprin/731/III/2017
concerning the Special Task Force for Combating TIP, CID-INP, dated March 24, 2017.

Secondly, Support of 528 Women and Children Service Units (UPPA)20, 233 Special
Service Rooms (RPK)21, 3,204 Kanit22 or Head of Units and the PPA members, 213 Head
of Units of Women Police, 255 Head of Units of Men Police, and 1,995 members who
have participated in the vocational/training of special handling of women and children,
as well as 275 members who participated in special vocational investigators and
assistant investigators for the TIP.

20
Women and Children Service Unit (UPPA). A unit in charge of handling cases related to women and
children, both as victims and offenders, and located under the Directorate of General Crimes, CID-INP. In
the level of Provincial Police - Women and Children Service Unit (PPA Unit) is located under the Operational
Unit of the Directorate of Criminal Investigation Unit of Provincial Police. In the level of Resort Police - Women
and Children Service Unit (PPA Unit) is located under the criminal investigation unit of the Resort Police.

RPK is Special Service Rooms.

21

Kanit or Head of Unit.

22

88
A number of targets achieved by the police are in accordance with the 2015-2019
National Action Plan for the Eradication of the TIP. Even so, there are still challenges
and problems in handling cross-countries TIP cases, including language limitations
and differences in legal systems between countries. Another challenge is that victims
do not report and the offenders tend to shift around quickly.

4.1.2 Challenges and Problems

Problems in international cooperation in handling TIP, include:

1. Differences in legal systems between countries;

2. Limited legal basis for international police cooperation (limited binding
agreements, no implementing regulations for the Extradition Law, not all
countries have extradition regulations and mutual assistance regulations
(Malaysia, Philippines, Thailand, Australia, Hong Kong, and South Korea) ;
3. Lack of support and participation from internal National Police and related
agencies;
4. Lack of understanding of the functions of Interpol;
5. Limited personal skills in language (French, Arabic, and Spanish), foreign
experience, and experience in the preliminary and full investigation; and
6. The problems faced during the investigation process include no report from
the victims, the offenders shift around, limited information, reports withdrawal
by the victims, and the lack of or missing evidence.

4.1.3 Recommendation

In the future, to optimize the law enforcement on TIP during the investigation process,
it is necessary to:

1. Creating an integrated TIP database among law enforcement agencies.

2. Revising the regulations related to TIP, specifically the certainty of restitution
payment, confiscation of assets, and aggravation of punishment.
3. Education and training of Law Enforcement Officials on how to fulfill the rights
of witnesses and victims at the central and regional levels.
4. Training of Law Enforcement Officials on TIP investigation using financial
investigation techniques (follow the money).
5. Establishing a special unit for handling TIP at the regional level police.
6. Improve the sub-national level officials comprehension of TIP through training.

89
 7. Law Enforcement Officials should take approach of and implement the anti-
TIP regulation in application handling prostitution cases that sacrifice women,
preventing them from being criminalized.

4.2. Prosecution

4.2.1 Achievement

The Directorate of Terrorism and Transnational Crimes of the Attorney General’s Office
prosecute criminal cases of human trafficking based on actions that include the following
elements: recruiting, transporting, holding, sending, transferring, or receiving a person.
The means include the elements of violence threats, the use of force, kidnapping,
confinement, forgery, fraud, abuse of power or vulnerable position, debt bondage, or
payment or benefits, thus obtaining the consent from the person who controls the other
person, whether it is done within the country as well as between countries. The demands
are also based on the goal, namely the existence of exploitation or causing people to
be exploited. It includes, but is not limited to, the elements of prostitution, forced labor
or service, slavery or slavery-like practices, oppression, extortion, the use of physical,
sexual, reproductive organs, or illegally removing or transplanting organs and/or body
tissues or using energy or the ability of a person by another party to obtain both material
and immaterial benefits.

The Attorney General’s Office also noted that exploitation does not always have to occur,
but if it can be proven that there is any intention to exploit the victim, it is possible to
charge with the articles of TIP. It is not simply an element, but it can help to recognize
and determine whether an event has a chance of TIP or not. The indicator of TIP include:

1. Not receiving wages (paid only a small amount) in return for the work.
2. Unable to manage the wages received by themselves or have to hand over
most of the wages to third parties (intermediaries, agents, employers, in the
prostitution business: embroidery house managers and pimps);
3. The existence of debt bondage (for example, to pay replacement fees for
recruitment, brokerage services, travel expenses, etc.).
4. Restriction or deprivation of freedom of movement (e.g., not leaving the place
of work or shelter for a long period of time, under constant supervision).
5. Not allowed (with threats/violence) to stop working.
6. Isolation/restriction of freedom to have contact with other people (family,
friends, etc.).

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 7. Being detained or not provided with health services, adequate food, and others.
8. Extortion or threats of extortion against their family or children.
9. Threats of using violence.
10. Signs of physical abuse are found.
11. Required to work in extremely poor conditions and/or have to work for very long
periods of time.
12. Not paying for yourself or taking care of your own travel, visa, passport, and so on.
13. Not holding personal identification documents or travel documents.
14. Using a fake passport or identity provided by a third party.
15. Special Indicators for the purpose of prostitution exploitation:
a. Receiving a very small share of the wages normally paid in the prostitution
business.
b. Being required to earn a certain amount per day.
c. The embroidery manager or a third party has paid the transfer fee for the
potential victim and/or handed over part of the potential victim’s income to a
third party.
d. The places where potential victims were employed keep changing.

An important definition related to TIP, which is the standard in ensnaring the offenders of
TIP:
1. Recruitment - Actions that involve soliciting, gathering, bringing, or separating
someone from their family.
2. Debt bondage - Actions that place a person in a status or a condition that provide or
is forced to provide themselves or their family or people who are their responsibility
or their personal services as a form of debt repayment.
3. Abuse of Vulnerable Position - A situation in which a person has no choice or that
is acceptable, except to surrender to the abuse that occurred.
4. Exploitation - Actions with or without the victim’s consent which include, but are
not limited to, prostitution; forced labor or service, slavery or slavery-like practices,
oppression, extortion, exploitation of physical, sexual, and reproductive organs, or
illegally transferring energy or transplanting organs and/or body tissue or utilizing
one’s energy or ability by another party for profit, either material, or immaterial.
Meanwhile, sexual exploitation is defined as any form of exploitation of the victim’s
sexual organs or other organs for profit, including but not limited to all activities of
prostitution and sexual immorality.
5. Forced Labor or Forced Services - Conditions of work that arise through means,
plans, or patterns intended to make a person believe that if he/she does not
do certain work, he/she or his/her dependents will suffer both physically and

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 psychologically. Meanwhile, the ILO Conventions Number 29 concerning
Forced Labor (1930) and Number 105 concerning the Abolition of Forced
Labor: 1957 mentioned that forced labor as all forms of employment or
services demanded by others on the basis of the threat of punishment and
which the person does not voluntarily offer his/her services. The ILO identifies
six elements that can indicate forced labor, and which are likely to qualify as
a criminal offense, namely: threats and/or use of physical or sexual violence,
restrictions on freedom of movement, debt bondage, suspension of payment
or withholding of wages, withholding of passports, and documents of identity
and threats of employee reporting to the authorities.
6. Slavery - The condition of a person being under the ownership of another.
Meanwhile, Article 1 paragraph (1) of the Slavery Convention of 1962 defines
slavery as the condition or status of a person to whom the right of ownership
(of another person) is applied to him.
7. Slavery-like Practices - The act of placing someone in another person’s power
thus that person is unable to refuse a job that is unlawfully ordered by that
other person, even if that person does not want it

The steps were taken by the Prosecutor’s Office in prosecuting criminal acts and
criminalizing the offenders of TIP according to Act Number 21 of 2007, for details, see
the following TABLE.

TABLE 25: CRIMINAL ACT AND CRIMINALIZATION OF TIP

PERPETRATOR ACCORDING TO ACT NUMBER 21 OF 2007
No. Type of Action Articles Criminal sanctions
(1) (2) (3) (4)

1 • Recruiting, transporting, holding, Article 2 3 - 15 year 120 – 600 million

sending, transferring, or receiving paragraph (1) 3 - 15 year 120 – 600 million
someone with threats of violence, Article 2
use of force, kidnapping, Paragraph (2)
confinement, forgery, fraud, and
abuse of power or vulnerable
position, bondage, or providing
payment or benefits to obtain the
approval of the person in control
over that person for the purpose of
exploitation in Indonesian territory.
• Resulting in people being exploited.

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No. Type of Action Articles Criminal sanctions
(1) (2) (3) (4)
2 Bringing people into the Indonesian Article 3 3 - 15 year 120 – 600 million
Territory with the intention of being
exploited in Indonesia or abroad.

3 Bringing Indonesian citizens abroad with Article 4 3 - 15 year 120 – 600 million
the intention of being exploited.

4 Carrying a child by promising something Article 5 3 - 15 year 120 – 600 million

or giving something with the intention of
being exploited.

5 Send a child into or abroad in any way Article 6 3 - 15 year 120 – 600 million
that results in the child being exploited.

6 Doing Articles 2, 3, 4, 5, and 6 resulted Article 7 Additional Additional 1/3

in the victim: paragraph (1) 1/3 5 – for 200 million -
• Suffering from serious injuries, Article 7 life 5 billion
serious life disorders, other paragraph (2)
infectious diseases that endanger
life, pregnancy, or impaired or loss
of reproductive function.
• Causing death.

7 State administrators abuse their power Article 8 Additional Additional

resulting in TIP. 1/3 1/3

8 Attempting to move other people to Article 9 1 - 6 year 40 – 240 million

commit TIP and the crime occurs.

9 Assisting or conducting an attempt to Article 10 3 - 15 year 120 – 600 million

commit TIP.

10 Planning or conspiracy to commit TIP. Article 11 3 - 15 year 120 – 600 million

11 Using or exploiting the victim by Article 12 3 - 15 year 120 – 600 million

conducting intercourse and/or obscene
acts.

12 Provide or include false information in Article 19 1- 7 year 40 – 280 million

documents used in human trafficking.

13 Providing false testimony, false Article 20 1-7 year 40 – 280 million

evidence, or influencing witnesses in
cases of human trafficking against the
law.

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No. Type of Action Articles Criminal sanctions
(1) (2) (3) (4)
14 Physical assault on witnesses or officers in Article 21 1 – 5 year 40 – 200 million
a trial of human trafficking paragraph (2) 2 – 10 year 80-400 million
Resulting in: paragraph (3) 3 – 15 year 120 – 600 million
1. Serious injury
2. Death

15 Prevent, obstruct or thwart (directly or Article 22 1 - 5 year 40 – 200 million

indirectly) the investigation, prosecution,
and trial examination of suspects,
defendants, witnesses in trafficking cases.

16 Helping the escape of trafficking offenders Article 23 1 - 5 year 40 – 200 million

from the criminal justice process.

17 Give the identity of the witness/victim even Article 24 3 - 7 year 40 – 200 million
though it must be kept secret.

Source: Attorney General’s Office, 2019

Every person can be indicted as Perpetrator of TIP are every person, in case of the
person is state officials, they will get criminal sanctions with additional 1/3 and
additional penalties in the form of dishonorable dismissal from their positions.
Corporations can also be subject to indictment of TIP, namely a group of people and/
or assets that are organized either as legal entities or non-legal entities which if: it is
carried out by persons acting for and/or on behalf of the corporation, for the benefit of
the corporation; based on employment or other relationships and acting in a corporate
environment.

In corporations, the processes of investigation, prosecution, and conviction are

carried out toward the corporation and/or its management. The mechanism for a
summon to appear and submission of summon is conveyed to the management at
the management’s office, where the corporation operates or where the management
resides. Prosecution conducted by the Attorney General’s Office can be imposed
on the management (imprisonment and fines) and for corporations in the form of
fines with punishment aggravation of 3 (three) times of the penalty, and additional
penalties can be imposed in the form of revocation of business licenses, confiscation
of wealth proceeds resulted from criminal acts, revocation of legal status, dismissal of
management, and prohibition of management from establishing a corporation in the
same line of business.

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The Attorney General’s Office carries out prosecutions against TIP subjects as an
organized group, that is, a structured group consisting of three or more people and can
be sentenced to an additional 1/3.

The policy steps made by the Attorney General’s Office in handling TIP cases issued
several technical instructions for handling TIP cases by using a pattern of handling, that
include: Instruction of the Attorney General of the Republic of March Number INS-004/
JA/1994 concerning Control of Important General Crime Cases dated March 9, 1994;
Letter of Junior Attorney General for General Crimes Number B-16/E /EJP/3/2002
concerning Control of Important General Crime Cases dated March 11, 2002; and
Letter of Junior Attorney General for General Crimes Number B-185/EJP/03/2005
concerning Patterns for Handling Cases of TIP dated March 10, 2005.

In making the indictment based on the Circular of the Attorney

General of the Republic of March Number SE-004/JA/1993
concerning the Making of the Indictment dated November 16, 1994.
Meanwhile, in the protection of crime victims through Letter of
Junior Attorney General for General Crimes Number B-63/E/2/1994
concerning Protection of victims of crimes dated February 4, 1994;
Letter of Junior Attorney General for General Crimes Number
B-187/E/5/1995 concerning Protection of Victims of Crime dated
February 4, 1994. To handle cases of children as victims/witnesses,
the Attorney General’s Office issued a Letter of Junior Attorney
General for General Crimes Number B-363/E/EJP/02/2010
concerning Technical Guidelines in Handling of Children in
Conflict with the Law on February 25, 2010; and Joint Decree of
the Chairman of the Supreme Court of the Republic of Indonesia,
Attorney General of the Republic of Indonesia, National Police,
Minister of Law and Human Rights of the Republic of Indonesia,
Minister of Social Affairs of the Republic of Indonesia, and Minister
of Women’s Empowerment and Child Protection Number 148/A/
JA/12/2009 concerning Handling of Children in Conflict with the
Law dated December 22nd, 2009.

Another effort, the Attorney General’s Office issued a “Guidelines for Criminal
Prosecution” through the Circular of the Attorney General of the Republic of March
Number SE-013/A/JA/2011 concerning Guidelines for Criminal Prosecution in General
Crime Cases dated December 29, 2011, as well as issuing guidelines for restitution

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rights of victims of TIP through Letter of Junior Attorney General for General Crimes
3718/E/EJP/11/2012 Concerning Restitution in TIP, dated November 28, 2012.

T
he pattern of handling TIP cases is through the Case Handling Program or
Special Program. The procedure for the report (form and material) following
the Case Handling Program or Special Program procedure is based on the
Letter of Junior Attorney General for General Crimes Number B-185/EJP/03/2005
which refers to the Palermo Convention to identify and analyze the existence of a TIP.
In order for an incident to be categorized as a Human Trafficking crime, it must fulfill at
least one element of each of the criteria (Process, Method, and Purpose), for example,
Recruitment + Fraud + Prostitution = Human Trafficking. The consent of the victim is
irrelevant if there is already one of the methods above. Intensified coordination and
integration with investigators to direct investigations in order to present all data and
facts needed at the prosecution stage. This is also based on the Instruction of the
Attorney General of the Republic of March No. INS-004/JA/1994 dated 9 March 1994.

Other efforts made by the Attorney General’s Office include:

1. Public outreach about TIP through various seminars, discussions, training,
and direct legal counseling to the public held by the Attorney General’s
Office, the High Prosecutor’s Office, and the District Prosecutor’s Office.
2. Development of a mentoring program for prosecutors through e-learning
media involving 14 junior prosecutors, and 6 senior prosecutors as mentors.
The mentoring program is carried out within six months through the
Indonesian Attorney’s Office’s Education and Training system with support
from the International Organization for Migration (IOM).
3. Socialization/training of TIP to law enforcement officials in collaboration with
various parties, such as the International Organization for Migration (IOM),
the United States Embassy, the Australian Embassy.
4. Training/materials of TIP in Education, Training, and Establishment of
Prosecutors.
5. Collaboration with Witness/Victim Protection agency (LPSK) in facilitating
the provision of restitution to victims of TIP including data collection on
victims of TIP.
6. Completion of 2015-2019 TIP Case Handling Prosecutions at the Attorney
General’s Office and High Prosecutors’ Office throughout Indonesia, a total
of 413 cases, with details, 2015 totaled 69 (16.71%) cases, 2016 totaled
147 (35.59%) cases, in 2017 totaled 77 (18.74%) cases, in 2018 totaled 98
(23.73%) cases, and in 2019 totaled 22 (5.33%) cases.

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 TABLE 26: RECAPITULATION OF TIP CASES

Source: Criminal Statistics Center, Attorney General, 2020

7. Negotiation with United Emirate Arab (UEA) on TIP and Indonesian Migrant
workers, collaborating with Ministry of Foreign affairs.
8. Producing the Attorney General Guidance number 3 on instigation of general
crime with special instigation to children/children friendly instigation.

During 2015-2019, there are 413 cases dispersed in various high prosecutor office,
namely East Java 75 cases (18.16%), West Java 72 cases (17.43%), North Sumatera
57 cases (13.80%), West Borneo 41 cases (9.93%), East Nusa Tenggara 38 cases
(9.20%), Lampung 23 cases (5.57%), Jakarta 18 cases (4.36%), West Nusa Tenggara
15 cases (3.63%), Central Java 10 cases (2.42%), South Sulawesi 10 cases (2.42%),
West Sumatera 8 cases (1.94%), East Borneo 8 cases (1.94%), Bali 8 cases (1.94%),
Bangka Belitung 6 cases (1.45%), Bengkulu 4 cases (0.97%), South Sulawesi 4 cases
(0.97%), South Sumatera 3 cases (0.73%), North Maluku 3 cases (0.73%), Riau Islands
3 cases (0.73%), Aceh 2 cases (0.48%), South Borneo 2 cases (0.48%), Yogyakarta 1
cases (0.24%), Central Borneo 1 cases (0.24%), and Banten 1 cases (0,24%). The high
prosecutor office without TIP case are Riau, Jambi, Central Sulawesi, South East
Sulawesi, Maluku, Papua, Gorontalo, West Sulawesi, and West Papua.

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 TABLE 27: SUMMARY OF TIP CASES BY HIGH
PROSECUTOR OFFICE

Source: Criminal Statistics Center, Attorney General, 2020

The prosecution of TIP by high prosecutor and supreme prosecutor in 2018 had
significantly progressed as the following regulations are issued:

1. Regulation on protection of crime victims (Circular of general attorney number

B-63/E/2/1994) and (Circular of General Attorney No: B-197/E/5/1994).
2. Policy of training program on violence against women cases (Circular of
General attorney Number B-948/E/EJP/2009).
3. Policy Related to restitution in TIP case (Circular of attorney General Number
B-3718/E/EJP/11/2012).

Prosecution of TIP cases by the attorney office had proceeded compliant to the
target set by ATTF National Action Plan. Nevertheless the prosecution aspect still
has constraints related to other law enforcement agencies, specially related to the
dissenting perceptions on the evidences and confiscation, limited international in case

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disclosure, restitution, summoning the victims in remote areas with difficult access to
communication and transportation.

4.2.2 Challenges and issues

The prosecution of TIP cases are still hampered by challenges of issues amongst:

1. Common perception between Law Enforcement Agencies – Investigators,

attorney and Judges – about TIP, specially related to the power of evidences
and intersections with similar regulations, and the confiscation of the crime
products from TIP perpetrator/beneficial owner.
2. Disclosure of trans-national networks, specially the difficulties to reach
network and connections abroad.
3. Restitution, related to parameter, amount of restitution, and payment methods.
4. The circular of general attorney had not been utilized to cumulatively instigate
TIP and Money Laundering (Circular of Attorney General Number B-689/E/
EJP/12/2004 on the handling pattern for Money laundering crimes, dated
December 31st 2004).
5. There are locations vulnerable to TIP, such in East Nusa Tenggara, due to
being in remote location.
6. Gap between restitution amount between indictment and verdict.
7. Different perception with other law enforcement agencies on restitution for
victims.
8. Different perception on TIP between UEA and Indonesia.

4.2.3 Recommendation
In the future, the law enforcement to TIP perpetrator, in the instigation, the supreme
prosecutor should observe:

1. Improve the coordination between law enforcement – Police, Attorney judges

to align the perception on TIP from the perspective of hunting the perpetrator
to the perspective of hunting the wealth obtained from the crime, this can
be attained by briefing to law enforcement personnel on trends of TIP focus,
through integrated training, seminar, and focused group discussions.
2. Improve inter-state coordination through diplomatic channel to disclose

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 international networks and effort for international collaboration through
mutual assistance (MLA) in criminal matters.
3. Briefing to all the attorney entities on the guidance of case prosecution.
4. Attempt to set cumulative TIP indictment, by incorporating Money laundering
crime and attempt to confiscate the assets gained from the crime, including
the learning pattern and field best practices in perceiving TIP cases.
5. Intensity of briefing to the prosecutor peers down to remote areas vulnerable
to TIP.
6. Producing manuals on restitution request, restitution amount, and procedures
of restitution appeal and payment.
7. Align the perception between law enforcement agencies through intensive
meetings and coordination, especially on the subjects of restitution, including
comprehensive law enforcement on the side of the victim.
8. More intensive collaboration with law enforcement from other countries by
learning the pattern of handling TIP cases, including comprehension on the
safety of Indonesian workers abroad from exploitation and TIP.

4.3. Court Sector

U
p to now, trafficking in persons is still a concern in the world, including Indonesia.
Although it is not a new issue, cases of trafficking in persons are increasingly
sticking out and gather a lot of public attention. The crime of trafficking in
persons is latent and is often overwhelmed by a lack of understanding of the aspects
involved and how to distinguish it from other forms of violence. Trafficking in Persons is
the act of recruiting, transporting, accommodating, sending, transferring, or accepting
someone with threats of violence, use of force, kidnapping, confinement, forgery, fraud,
abuse of power or vulnerable position, debt bondage or giving payments or benefits, so
as to obtain the consent of the person who has control over the other person, whether
done within the country or between countries, for the purpose of exploitation or causing
the person to be exploited. (Article 1 number 1 of Act Number 21 of 2007 on Eradication
of TIP).

Victims of trafficking in persons tend to think not to report the crime because these
victims do not consider themselves victims (they often blame themselves for what
happened), they do not understand the assistance available or are concerned about
the stigma and consequences that arise if the incident spread out. Proactive and
collaborative efforts of specialized service providers are essential to ensure the timely

100
identification and protection of victims of trafficking oriented towards survivors, detection
and prosecution of crimes, and prevention and increasing public awareness.
This crime is known by calling the cases of trafficking in persons as ‘illegal labor’. Here, it
is clear that the thing being traded is not ‘labor’, but ‘the person’. If only the ‘labor’ is sold,
then it will be called labor, however when the subject no longer has authority over himself,
then as a human being, he has been sold, exploited, and man has become a commodity.

Regardless of gender and age, both men and women, adults and children, are vulnerable
to become victims of human trafficking for the purpose of labor exploitation and sexual
exploitation, exploitation as beggars, working in rough places with low wages on
plantations, workers or as domestic servants, and as other criminal actors. The purpose
of coercion of victims is for the benefit of recruiters and traffickers who can destroy the
lives of the victims and their families.

To overcome the above, Prevention and handling of the crime of TIP are needed, as well
as coordination in prevention, protection, and prosecution efforts against trafficking in
persons through the cooperation of law enforcement officials and other government and
non-government stakeholders.

4.3.1 Outcomes

CHART 6: RECAPITULATION OF CRIMINAL TIP SPECIFIC

CASSATION

Source: The Supreme Court, 2018

101
A
chievements in TIP case trial process, the Supreme Court succeeded in handling
cassation cases and TIP Judicial Review. The Supreme Court received 19
cases in 2019 and 21 cases in 2018. In 2018, the number of TIP “that had been
decided was 18 (86%) cases” and “hadn’t been decided 3 (14%) cases”. The number of
cases decided with “rejected” status was 10 (55%) cases, “granted” 3 (17%) cases, and
“rejected reviews” 5 (28%) cases. Meanwhile, in 2019, the Supreme Court received 19
cases that had been “decided” (100%). The number of decided cases with “rejected”
status was 14 cases, “granted” 2 cases and “rejected reviews” 4 cases.

Based on the report of the Directorate of General Court Administration Development,

Supreme Court at the High Court and District Court, there are 316 TIP cases in 2018,
consisting of 68 (21.5%) remaining cases from the previous year and 248 (78.5%) new
cases. Of this number, 262 cases had been decided and 54 cases had not been finalized
which will be decided on the following year. Of the 262 decided cases, there are 29 and
23 cases were filed for appeals and cassations. Then, in 2019, there were 247 cases,
consisting of 57 remaining cases from the previous year and 190 new cases. Of the
number, 223 cases had been decided.

TABLE 28: NUMBER OF CASES ON ERADICATION OF TIP

BY THE HIGH COURT FOR 2018
High Court Remaining Incoming Burden Decided Remaining Appeal Cassation
Last Year
(1) (2) (3) (4) (5) (6) (7) (8)
Bandung 16 51 67 58 9 11 8
Surabaya 8 40 48 45 3 6 4
Jakarta 11 21 32 25 7 2 3
Kupang 1 26 27 17 10 2 3
Pekanbaru 4 20 24 20 4 4 0
Pontianak 4 16 20 18 2 0 0
Medan 3 13 16 12 4 1 0
Mataram 5 7 12 11 1 0 1
Tanjung 0 10 10 1 9 0 0
Karang
Semarang 2 7 9 8 1 0 1
Jambi 4 5 9 9 0 0 0
Manado 1 7 8 7 1 1 0
Makassar 3 4 7 7 0 0 0
Banten 0 6 6 5 1 0 0
Samarinda 1 3 4 4 0 0 0
Palembang 0 3 3 2 1 0 0
102
Bengkulu 0 3 3 3 0 0 0
Banjarmasin 3 0 3 3 0 0 0
Mataram 5 7 12 11 1 0 1
Tanjung 0 10 10 1 9 0 0
Karang
Semarang 2 7 9 8 1 0 1
Jambi 4 5 9 9 0 0 0
Manado 1 7 8 7 1 1 0
Makassar
High Court 3 4 7 7 0
Remaining Incoming Burden Decided Remaining Appeal Cassation 0 0
Banten Last0Year 6 6 5 1 0 0
(1)
Samarinda (2)
1 (3)
3 (4)
4 (5)
4 (6)
0 (7)
0 (8)
0
Bandung
Palembang 16
0 51
3 67
3 58
2 9
1 11
0 8
0
Bengkulu
Surabaya 0
8 3
40 3
48 3
45 0
3 0
6 0
4
Jakarta
Banjarmasin 11
3 21
0 32
3 25
3 7
0 2
0 3
0
Kupang
Padang 1
0 26
2 27
2 17
2 10
0 2
1 3
0
Banda Aceh
Pekanbaru 0
4 1
20 1
24 0
20 1
4 0
4 0
Yogyakarta
Pontianak 0
4 1
16 1
20 1
18 0
2 1
0 1
0
Medan
Gorontalo 3
0 13
1 16
1 12
1 4
0 1
0 0
Ambon
Mataram 0
5 1
7 1
12 1
11 0
1 0 2
1
Palangkaraya
Tanjung 1
0 0
10 1
10 1 0
9 0 0
Karang
Jayapura 1 0 1 1 0 0 0
Semarang
Total 2
68 7
248 9
316 8
262 1
54 0
29 1
23
Jambi 4 5 9 9 0 0 0
Source: Directorate of General Courts Administration Development, 2018
Manado 1 7 8 7 1 1 0
Makassar 3 4 7 7 0 0 0
Banten
The five High Courts0 with the highest
6 6
burden 5
in handling 1
TIP cases 0
are Bandung 0
High
Samarinda 1 3 4 4 0 0 0
Court with 67 (21.2%) cases, Surabaya High Court with 48 (15.2%) cases, Jakarta High
Palembang 0 3 3 2 1 0 0
Court with 32 (10.1%) cases, Kupang High Court with 27 (8.5%) cases, and Pekanbaru
Bengkulu 0 3 3 3 0 0 0
High Court
Banjarmasin with 24 (7.6%)
3 cases.
0 Even so,3 there are 3 several areas
0 that need
0 attention,
0
which
Padang are marked by0the large number
2 of TIP
2 cases being
2 processed
0 in district
1 and high
0
courts, namely Pontianak High Court with 20 cases, Medan High Court with 16 cases,
Banda Aceh 0 1 1 0 1 0 0
Yogyakarta
Mataram High Court0 with 12 cases,
1 1
and Tanjung 1
Karang 0
High Court with 110 cases. 1
Gorontalo 0 1 1 1 0 0 0
Ambon 0 1 1 1 0 0
TABLE 29: NUMBER OF CASES ON ERADICATION OF 2
Palangkaraya 1 0 1 1 0 0 0
TRAFFICKING
Jayapura 1
IN PERSONS
0 1
BY THE1
HIGH 0
COURT 0
FOR 0
Total 68 248 2019
316 262 54 29 23

No Working Unit Initial Incoming Burden Decided Remaining

Remaining
1 PT Pekanbaru 1 3 4 4 0
2 PT Jakarta 1 2 3 3 0
3 PT Bandung 1 1 2 2 0
4 PT Yogyakarta 0 2 2 2 0
5 PT Surabaya 1 2 3 3 0
6 PT Mataram 0 2 2 2 0
7 PT Kupang 0 3 3 3 0
8 PT Pontianak 0 2 2 2 0
9 PT Banjarmasin 0 1 1 1 0
10 PT Makassar 0 1 1 1 0
Total 3 16 16 19 0
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The process of prosecuting and examining TIP cases in court is part of TIP law
enforcement. Several notes on the administrative process in filing legal remedies and
the process of handling TIP cases at all levels during the Period of 2018-2019, were
conducted by implementing the Supreme Court policies, including:

1. The Supreme Court Regulation Number 3 of 2017 concerning Guidelines for

Judging Cases of Women in Conflict with the Law.
2. An application for cassation that meets the formal requirements is at the
latest within 14 days after the grace period for filing an appeal memorandum
ends, the complete request for cassation shall be submitted by the clerk of the
court to the Supreme Court (Article 249 paragraph (3) of Criminal Procedure
Code). This is reinforced by the Supreme Court Circular Letter Number 1 of
2014, amendment to the Supreme Court Circular Letter Number 14 of 2010
concerning Electric Document as Completion of Appeal for Cassation and
Review.
3. Supreme Court Circular Letter Number 4 of 2011 concerning the Treatment
for Whistleblower and Justice Collaborators in Specific Crime Cases becomes
the basis for judges and courts in processing TIP cases. The criminal acts in
question are grave and/or organized crimes, such as TIP, corruption, gross
Human Rights violation, drugs, terrorism, Money Laundering Crime, and
forestry.
4. Supreme Court Circular Letter Number 1 of 2000 concerning Conviction in
order to be in Proportion with the Severity and Nature of the Crime.

The Crime of Trafficking in Persons (TIP), especially women and children, has expanded
in the form of organized and unorganized crime networks. Eradicating TIP must be
based on noble values, national and international commitments so that it is necessary
to make early prevention efforts, take action against perpetrators, protect victims of TIP
and increase cooperation with related agencies.

The provisions on trafficking in persons were originally regulated in Article 297 of the
Criminal Code which stipulates the prohibition of trafficking in girls and boys and qualifies
this act as a crime and Article 83 of the Child Protection Law (UUPA) which stipulates
the prohibition of trafficking, selling, or kidnapping child for personal benefit or for sale.
The system for formulating the length of criminal sanctions (Strafmaat) in Article 297 of
the Criminal Code which is single in the form of imprisonment, is considered too light
and not commensurate with the impact suffered by victims of trafficking in persons.
As a form of protection for victims of TIP, in a Court Decision, apart from imposing a

104
sentence (punishment), the Judge can impose an obligation to pay restitution to the
victim which is imposed on the perpetrator or a third party. Requests for restitution by
victims of criminal acts including TIP can be submitted before the verdict and after the
decision is legally binding.

The steps taken by the Judge in examining and passing decisions on restitution are
based on Article 1 number 13 and Article 48 paragraph (1) of TIP Law which states that
every TIP victim or his beneficiary has the right to receive restitution; (2) Restitution
as intended in paragraph (1) in the form of compensation for loss of assets or income,
suffering, costs for medical and/or psychological treatment, and/or other losses
suffered by victim arising from the criminal act of trafficking in person, are given and
included at the same time in the court’s verdict.

Provision of restitution shall be effected within 14 (fourteen) days from the notification
of court ruling having permanent legal force. Restitution may be temporarily deposited
with the court in which the case is ruled upon. However, the provision of restitution is
an accompanying punishment (assessoir) with the main case. That is, restitution can
only be imposed if the perpetrator is legally proven to be guilty of committing TIP. In
the event that the perpetrator is acquitted by the court at the appeal or cassation level,
the judge orders in his decision that the restitution that was previously deposited is
returned to the (perpetrator) who was released.

Other laws and regulations regarding restitution are contained in the Supreme Court
Regulation Number 3 of 2017 concerning Guidelines for Judging Cases of Women
in Conflict with the Law, Government Regulation Number 7 of 2018 concerning
Compensation, Restitution and Support to Witnesses and Victims as amended by
Government Regulation Number 35 of 2020, and Government Regulation Number
43 of 2017 concerning Implementation of Restitution for Children who are Victims of
Criminal Acts.

Of these various provisions, until now there has been no regulation that becomes a
guideline for examining requests for restitution and this is very much needed in the
process of completing requests for restitution, both before the verdict and after the
decision has permanent legal force. To ensure the accuracy and smoothness of examining
requests for restitution and implementing the provisions of Article 31 paragraph (4) of
Government Regulation Number 7 of 2018 concerning Compensation, Restitution and
Support to Witnesses and Victims as amended by Government Regulation Number 35
of 2020, it is necessary to establish a Supreme Court Regulation regarding the law of

105
procedure for applications and granting of restitution..

The following is a diagram of the mechanism for applying for restitution:

FIGURE 6: RESTITUTION SUBMISSION MECHANISM

Source: The Supreme Court, 2019

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 FIGURE 7: UNFULFILLED RESTITUTION SCHEME

Source: The Supreme Court, 2019

Thus, TIP law enforcement in the court sector runs according to the target of the 2015-
2019 National Action Plan of ATTF. There are several obstacles that are recorded,
but they are more related to the results of decisions regarding restitution that are not
directly paid to victims of TIP and efforts to seize assets from TIP.

4.3.2 Best Practices

Based on data on TIP cases handled by the Supreme Court, High Court and District
Court, there are examples of TIP cases handling that might be a reference as best
practice in handling TIP cases because in the rulings there are orders to pay Restitution
to TIP perpetrators.

Examples of best practice in TIP cases:

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1. Verdict number 49 PK/Pid.Sus/2018 on behalf of the Defendant H. SHAMSUL
RAHMAN

- The defendant was brought before the District Court of Medan and was
charged by the Public Prosecutor for violating Article 2 of Act Number 21 of
2007 on the Eradication of the Crime of Human Trafficking in conjunction with
Article 55 paragraph (1) of 1st Criminal Code and Article 181 of the Criminal
Code in conjunction with Article 55 paragraph (of 1) of 1st Criminal Code
and Article 44 paragraph (1) of Act Number 23 of 2004 on the Elimination
of Domestic Violence and was requested to be sentenced to imprisonment
for 20 (twenty) years, a fine of IDR120,000,000.00 (one hundred and twenty
million rupiah) with a subsidiary of 6 (six) months imprisonment, and to pay
restitution to:

• Witness YENGKY SUTENDY as the beneficiary of HERMIN RUSWIDIATI

Alias CICI (deceased) at the amount of IDR 100,000,000.00 (one hundred
million rupiah).
• Witness ENDANG MURDIANINGSIH at the amount of IDR 75,000,000.00
(seventy five million rupiah).
• Witness RUKMIANI at the amount of IDR 30,000,000.00 (thirty million
rupiah).
• Witness ANIS RAHAYU at the amount of IDR 75,000,000.00 (seventy five
million rupiah).

- For these demands, the District Court of Medan issued a Verdict Number
1083/Pid.B/2015/PN Mdn dated September, 7th 2015 which stated that
the defendant was found guilty of committing a criminal act of “jointly
conducting human trafficking and jointly hiding the corpse with the intention
of concealing her death and by unlawfully committing physical violence
within the household resulting in injury to other people” and therefore
the Defendant was sentenced to 17 (seventeen) years in prison, a fine of
Rp120,000,000.00 (one hundred and twenty million rupiah) with subsidiary
imprisonment for 3 (three) months as well as paying additional restitution to
the beneficiary to the late Hermin Ruswidiati alias Cici (deceased), namely
Yengky Sutandi, at the amount of IDR 25,000,000.00 (twenty five million
rupiah).

- The District Court of Medan’s Verdict was amended at the appeal level by the

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 High Court of Medan through Verdict Number 593/PID.SUS/2015/PT.MDN
dated 27 October 2015, which stated that amending the District Court Verdict
was merely a crime handed down to the Defendant to be imprisoned for 18 (
eighteen) years, a fine of Rp120,000,000.00 (one hundred and twenty million
rupiahs) provided that if the fine cannot be paid, it is replaced by imprisonment
for 3 (three) months as well as paying additional restitution to the beneficiary
of Hermin Ruswidiati alias Cici (deceased), namely Yengky Sutandi, at the
amount of Rp.25,000,000.00 (twenty-five million rupiah).

- On the Verdict of the High Court of Medan, the Defendant filed an appeal
and the Supreme Court had issued the Verdict Number 501 K/Pid.Sus/2016
dated April 25, 2016 which rejected the Defendant’s Cassation and refused
the Public Prosecutor’s Cassation with remedies only regarding the penalty in
lieu of restitution into paying additional restitution to the beneficiary of Hermin
Ruswidiati alias Cici (deceased), namely Yengky Sutandi, at the amount of
Rp.25,000,000.00 (twenty-five million rupiah) provided that if the restitution is
not paid, then it is replaced by imprisonment for 3 (three) months.

- Based on the cassation decision, the Defendant filed a Judicial Review and
the Supreme Court has passed the Judicial Review Verdict Number 49 PK/
Pid.Sus/2018 dated May 3, 2018 which allegedly rejected the Appellant’s
petition. The Judicial Review decision is based on considerations in essence
that the reason for the review of the Appellant/Defendant that the existence of
an “obvious oversight or mistake” cannot be justified. Whereas even though
the victim or her beneficiary did not file a claim for restitution, if the legal facts
of the trial reveal that the rights of the victim were neglected and need to
be restored or according to the Judge it is appropriate to charge restitution
payments to the Defendant, the Judge can decide restitution as regulated in
Articles 48, 49 and Article 50 of Act Number 21 of 2007 on Eradication of the
Crime of TIP

- Whereas as a consequence of the Cassation Decision of the Supreme Court

of the Republic of Indonesia which has imposed a criminal offense on the
Appellant/ Defendant who has obtained permanent legal force, the Appellant
will only have to undergo his sentence a quo, and if the decision of the Supreme
Court does not contain an order for the Appellant to remain in custody, it
does not invalidate the decision of the Supreme Court because the Supreme
Court’s decision has an executorial character.

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 Rule of Law:

- The rule of law that can be drawn from the case is that the judge can decide to
sentence the defendant to pay restitution to the victim or his heir in addition
to compensation for the loss suffered by the victim or his heir, even though
the victim or his heir has received cash from the Defendant outside the trial
Considering that the rights of the Victim have been neglected and need to
be restored based on restorative justice so that according to the Judge it is
deemed appropriate to impose restitution payments on the Defendant, the
Judge can decide restitution sentences as stipulated in Article 48 and Article
49 of the Republic of Indonesia Act Number 21 Of 2007 on the Eradication of
the Crime of TIP.

- As a consequence of the Supreme Court’s Cassation Decision which has

acquired permanent legal force, the Appellant will only have to undergo his
sentence a quo, and if the decision of the Supreme Court does not contain
an order for the Appellant to remain in custody, it does not invalidate the
decision of the Supreme Court because the Supreme Court’s decision has an
executorial character.

2. Verdict on Case Number 1012 K/Pid.Sus/2018 on behalf of the Defendant

AGUSTINA binti TULUS

- The Defendant AGUSTINA binti TULUS was charged by the Public Prosecutor
with alternative charges. First: violation of Article 2 Paragraph (1) of Act Number
21 of 2007 on Eradication of the Crime of TIP in conjunction with Article 64
Paragraph (1) of the Criminal Code; or the second: violation of Article 296 of
the Criminal Code; or Third, violation of Article 506 of the Criminal Code.

- The Public Prosecutor at the District Attorney of Blitar demanded that

the Defendant be found guilty of violating Article 2 Paragraph (1) of Act
Number 21 of 2007 on Eradication of the Crime of TIP in conjunction with
Article 64 Paragraph (1) of the Criminal Code and sentenced to 5 (five) years
imprisonment, a fine of IDR 120,000,000.00 (one hundred and twenty million
rupiah) with subsidiary of 6 (six) months in prison.

- Regarding the charges, the District Court of Blitar issued Decision Number
300/Pid.B/2017/PN.Blt on November 27th, 2017, which stated that the

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 Defendant was legally and convincingly proven guilty of committing a criminal
act by “deliberately linking and facilitating obscene acts and making it a habit.”
And therefore the Defendant was sentenced to 1 (one) year imprisonment.

- The Blitar District Court’s decision has been upheld by the East Java High
Court Decision Number 900/PID.SUS/2017/PT.SBY dated January 24th,
2018 at the appeal level.

- On the decision of the East Java High Court, the Public Prosecutor filed an
appeal and the Supreme Court issued a Decision Number 1012 K/Pid.Sus/2018
dated August 8th, 2018 which basically granted the public prosecutor’s
appeal, canceled the judex facti decision and tried it himself by stating that the
defendant was legally and convincingly proven guilty of committing the crime
of “Trafficking in persons as an ongoing act” and therefore the defendant was
sentenced to imprisonment for 3 (three) years, and a fine of Rp120,000,000.00
(one hundred and twenty million rupiah), provided that If the fine is not paid,
then it will be replaced by imprisonment for 3 (three) months.

- The consideration of the cassation decision was principally the decision of the
judex facti/District Court of Blitar which was strengthened by the East Java
High Court to be incorrect and wrong in terms of legal application, because
from the legal facts revealed in the trial, the Defendant, acting as a pimp, had
recruited or accepted Commercial Sex Workers (CSWs) and the Defendant
acted as intermediaries in order to bring together Commercial Sex Workers
(CSWs) with men or their “clients”.

The Defendant used or exploited women including witness Indah Nurhayani

alias Caca to work as a Commercial Sex Worker (CSW) where witness Indah
Nurhayani alias Caca and other victims recruited by the Defendant were
in a vulnerable position or received payment from the defendant to have
intercourse with men. The Defendant had often done the foregoing for 4 (four)
months and the defendant had benefited, which meant that the Defendant
had exploited witness Indah Nurhayani alias Caca and other victims so that for
the Defendant, this was a source of livelihood and an ongoing act..

- Whereas the application of the provisions of Article 2 Paragraph (1) of Act

Number 21 of 2007 on the Crime of TIP in the First Alternative Indictment is in

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 line with the legal principle of “specific legislation overriding general laws and
regulations” (lex speciale derogat lex generali) if juxtaposed with Article 296
of the Criminal Code or Article 506 of the Criminal Code in the Second and
Third Alternative Charges, so that the provisions in Article 2 Paragraph (1) of
Law Number 21 of 2007 concerning the Crime of TIP override the provisions
in Article 296 of the Criminal Code or Article 506 of the Criminal Code.

Whereas based on these considerations the Judex Facti should have declared
the Defendant legally and convincingly proven guilty of committing the crime
of “TIP as a continuing act” as regulated in Article 2 Paragraph (1) of Law
Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking
in conjunction with Article 64 Paragraph (1) of the Criminal Code on the First
Alternative Indictment for the Public Prosecutor.

Rule of Law:

The application of the provisions of Article 2 Paragraph (1) of Law Number

21 of 2007 concerning the Crime of TIP is in line with the legal principle “lex
speciale derogat lex general” when juxtaposed with Article 296 of the Criminal
Code or Article 506 of the Criminal Code, so that the provisions in Article 2
Paragraph (1) Law Number 21 of 2007 concerning the Crime of TIP overrides
the provisions in Article 296 of the Criminal Code or Article 506 of the Criminal
Code.

3.Verdict on Case Number 1921 K/Pid.Sus/2016 on behalf of CHO YUAN HO

alias CHONG YEN HE, son of CHO FONG CHIEN.

- The defendant CHO YUAN HO alias CHONG YEN HE, the son of CHO FONG
CHIEN, was charged by the Public Prosecutor with alternative charges, first:
Article 2 in conjunction with Article 10 in conjunction with Article 11 of Law of
the Republic of Indonesia Number 21 of 2007 concerning Eradication of the
Crime of Trafficking in Persons, or second: violating Article 4 in conjunction
with Article 10 in conjunction with Article 11 of Law of the Republic of Indonesia
Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in
Persons.

- The Public Prosecutor at the District Attorney of Pontianak demanded that

the Defendant be found guilty of violating Article 2 in conjunction with Article

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 10 in conjunction with Article 11 of Law of the Republic of Indonesia Number
21 of 2007 concerning Eradication of the Crime of TIP and the Defendant
was sentenced to imprisonment for 6 (six) years, a fine in the amount of IDR
150,000,000.00 (one hundred and fifty million rupiah) with subsidiary of 6 (six)
months imprisonment and pay a restitution of IDR 5,000,000.00 (five million
rupiah) to the victim witness AHA alias SU OI HA alias BONG HAKUNG aka SU
the daughter of SU CHOI HIN subsidies for 3 (three) months in prison.

- Regarding these charges, the District Court of Pontianak issued Decision

Number 823/Pid.Sus/2015/PN.Ptk dated January 19th, 2016 which stated
that the Defendant was not legally proven and convinced guilty of committing
the crime of “Trafficking in Persons” and therefore the Defendant was acquitted
of the First Indictment or the Second Indictment of the Public Prosecutor.

- On the decision of the District Court of Pontianak, the Public Prosecutor filed
an appeal and the Supreme Court handed down Decision Number 1921 K/
Pid.Sus/2016 dated February 28, 2017 which basically granted the Public
Prosecutor’s appeal, canceled the judex facti decision and tried it itself
by declaring the Defendant proven to be legally and convincingly guilty of
committing the crime of “Trafficking in Persons” and therefore the Defendant
was sentenced to 3 (three) years imprisonment, a fine of IDR 120,000,000.00
(one hundred twenty million rupiah) with subsidiary of 1 (one) month
imprisonment..

- The consideration of the cassation decision basically was that the Public
Prosecutor’s reasons were justified because the Judex Facti had wrongly
applied the law in trying the Defendant. Judex Facti had wrongly applied
the law because it stated that elements with threats of violence, the use of
force, kidnapping, confinement, forgery, fraud, abuse of power or vulnerable
position, debt bondage or giving payments or benefits despite obtaining
approval from people who have control over other people, is not proven from
the Defendant’s actions based on the consideration that the Defendant only
acted as a matchmaker to find a mate and the Defendant ordered Pang Si
Ha and Tjhang Meu Fung to find as many as 10 (ten) women who would be
selected by Chao Hung Chi.

That the recruitment of Aha alias Su Oi Ha alias Hakung by using the vulnerable
position of the victim where Pang Si Ha alias Amoi said “You are a poor person,

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 you have to marry Chao Hung Chi, after marrying, you will have a lot of money
to buy anything”, and Tjhang Meu Fung alias Afung said “Later when you
get married, I will give you IDR 10,000,000.00 (ten million rupiah)” in which
by being the agent or matchmaker, the Defendant hoped to get money. The
victim Aha alias Su Oi Ha alias Hakung, who was chosen as a potential wife
by Chao Hung Chi, was initially unwilling to become a candidate for the wife
of the Taiwanese, but because of the abuse of the victim’s vulnerable position
as a poor person, finally Aha alias Su Oi Ha alias Hakung stated that she was
willing.

- Whereas based on these considerations, elements with threats of violence,

the use of force, kidnapping, imprisonment, forgery, fraud, abuse of power
or vulnerable position, debt bondage or giving payments or benefits despite
obtaining the consent of the person who is in control of another person has
been proven.

- Whereas Judex Facti has also wrongly applied the law because it concluded that
the Defendant’s act of exploitation was not fulfilled based on the consideration
that the purpose of matching Aha alias Su Oi Ha alias Hakung with Chao Hung
Chi was to become husband and wife. Judex Facti’s consideration was clearly
wrong because the marriage plan was unfair due to hidden information about
the marriage, which the Defendant had covered up, namely a statement in
Chinese that the victim did not understand, which had to be signed, which
was basically stated that if the victim was Aha alias Su Oi Ha alias Hakung
canceled this marriage after getting engaged, the victim Aha alias Su Oi Ha
alias Hakung had to pay compensation to Chao Hung Chi in the amount of
NT.150,000 Yuan. Thus the element to be exploited has been proven.

Legal Norms:

- That the criminal act of TIP can occur, even though there is agreement from
the victim, so the judges cannot exclude the phrase “victim’s consent”,
as consent can be given by the victim, one of which is that the victim is in a
vulnerable position as in the case of a quo and other factors in Law Number 21
of 2007, even by the consideration that with such agreement the Defendant
will obtain some benefit.

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 - That cross-border matchmaking or marriages, such as the a quo case, must
be criticized by the Law Enforcement Officials whether there is a vulnerable
position in it or what happens like contract marriages, etc., especially in court
where the consent of the victim is exposed.

4.3.3 Challenges and Problems

1. In several court rulings regarding TIP, there are still not many concerning the
restitution payment to the victims.
2. In several court rulings regarding TIP, there are still no efforts to confiscate
proceeds derived from the crime as a basis for asset recovery.
3. Court rulings on TIP cases are still most oriented towards imprisoning the
perpetrators and have not maximally prioritizing the concept of restorative
justice.

4.3.4 Recommendations

Several recommendations regarding law enforcement in the field of court are as follows:

1. The Law Enforcement Officials need to be empowered by progressive

knowledge about the criminal act of TIP (TIP) in an integrated manner, as well
as their understanding of the Crime of Money Laundering (CML) to confiscate
proceeds derived from TIP by adopting various normative provisions both in
country and abroad.
2. To make efforts for every court ruling to include “restitution” and “confiscation
of proceeds” as the basis for the executing prosecutor to deter/impoverish the
perpetrators of the crime, as well as the efforts of asset recovery mechanism
if the proceeds of the crime is abroad through a request for Mutual legal
Assistance in Criminal Matter.
3. The implementation of the restitution provision shall be reported regularly
to the head of the court where the ruling was passed, accompanied by proof
of such payment. The head of the court then shall announce the payment of
restitution in the court’s bulletin board and website.

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4.4. Field of Witness and Victim Protection

4.4.1. Achievement

The Witness/Victim Protection Agency (LPSK) has recorded several achievements

in carrying out efforts to protect victims of TIP. The achievements referred to are as
follows:

1. To provide assistance to victims and their families (LPSK and PERADI).

LPSK succeeded in assisting 1,165 protected TIP victims in 2015-2019, with details
of 234 (20.09%) in 2015, 170 (14.59%) in 2016, 257 (22.06%) in 2017, 186 (15.97%)
in 2018, and 318 (27.30%) in 2019.

TABLE 30: TOTAL PROTECTED THROUGH THE TIP

WITNESS AND/OR VICTIM PROTECTION BY LPSK

No Year Total Gender and Age Protected

Protected

(1) (2) (3) Male Male Female Female

(Boys) (Men) (Girls) (Women)
1 2015 234 6 61 19 148
2 2016 170 12 63 15 80
3 2017 257 4 73 12 168
4 2018 186 6 49 14 117
5 2019 318 4 106 52 156
Total 1.165 32 352 112 669

Source: LPSK, 2020

Whereas during 2015 – 2019, LPSK provided 2,189 services for TIP victims through the
TIP Witness and/or Victim Protection Program, with details of Fulfillment of Procedural
Rights 976 (44.59%), Physical 87 (3.97%), Medical 67 (3.06%), Psychological 68 (3.11%),
Psychosocial 28 (1.28%), Restitution 963 (43.99%), and Compensation 0 (0%).

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TABLE 31: TOTAL SERVICES THROUGH THE TIP WITNESS
AND/OR VICTIM PROTECTION PROGRAM BY LPSK

No Year Type and Total Services Total %

PHP Physical Medical Psychological Psycho-social Restitution Compensation Services

∑ % ∑ % ∑ % ∑ % ∑ % ∑ % ∑ %

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18)

1 2015 108 26,09 47 11,35 12 2,90 13 3,14 0 0,00 234 56,52 0 0,00 414 100

2 2016 170 50,00 7 2,06 7 2,06 5 1,47 3 0,88 148 43,53 0 0,00 340 100

3 2017 254 47,83 10 1,88 22 4,14 16 3,01 3 0,56 226 42,56 0 0,00 531 100

4 2018 175 52,71 5 1,51 10 3,01 10 3,01 1 0,30 131 39,46 0 0,00 332 100

5 2019 269 47,03 18 3,15 16 2,80 24 4,20 21 3,67 224 39,16 0 0,00 572 100

Total 976 44,59 87 3,97 67 3,06 68 3,11 28 1,28 963 43,99 0 0,00 2189 100

Remarks:
- PHP: Pemenuhan Hak Prosedural (Fulfillment of the Procedural Rights)
- Physical: Physical Protection

Source: LPSK, 2020

2. To provide protection for Witnesses, Victims, and their Families (LPSK and
CID-INP).

LPSK has provided protection to all TIP Witnesses and Victims and their families in
its protection program. During 2015 – 2019, it provided for 1,165 Witnesses, Victims
and their Families with 1,063 services, with details of Fulfillment of Procedural Rights
of 976 (91.82%) and Physical 87 (8.18%).

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TABLE 32: TOTAL PROTECTION SERVICES THROUGH THE
TIP WITNESS AND/OR VICTIM PROTECTION BY LPSK
No Year Total Protected Type and Total Services PHP + Physical
Services
PHP Physical
∑ % ∑ % ∑ % ∑ %
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
1 2015 234 20,09 108 69,68 47 30,32 155 100
2 2016 170 14,59 170 96,05 7 3,95 177 100
3 2017 257 22,06 254 96,21 10 3,79 264 100
4 2018 186 15,97 175 97,22 5 2,78 180 100
5 2019 318 27,30 269 93,73 18 6,27 287 100
Total 1165 100 976 91,82 87 8,18 1063 100

Remarks:
- Protected: Witnesses, Victims, and their Families
PHP: Pemenuhan Hak Prosedural (Fulfillment of the Procedural Rights)
- Physical: Physical Protection
Source: LPSK, 2020

3. To conduct bilateral cooperation in the context of addressing and

protecting cross-border witnesses and victims (LPSK, CID-INP, MA and
KJA)

In 2015, LPSK provided protection to 14 witnesses and/or victims in the Benjina

case. Providing such protection, it cooperated with the Government of Myanmar
to bring witnesses and/or victims of its citizenship to bear testimony at the
proceedings in Indonesia.

In 2016, LPSK nonetheless provided protection services for 14 witnesses and/or

victims in the TIP Benjina case. It also facilitated the calculation of restitution for
the victims granted by the Council of Judges.

LPSK held The Second Annual Meeting Of ASEAN Network For Witness and
Victim Protection (Semarang, 25-26 July 2016).

Then, submitting restitution to victims of TIP in Benjina in collaboration with

Myanmar Government Representatives in Indonesia, LPSK initiated coordination

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 with the Indonesian Ministry of Foreign Affairs and the Attorney General’s Office
in 2017.
In 2018, LPSK held the third Annual Meeting of the ASEAN Network for Witness
and Victim Protection (Bali, 12-13 September 2018). This event invited parties
related to the protection of witnesses and victims at the ASEAN level as a forum
for coordination and collaboration in responding to the criminal act of TIP across
countries.

In 2019, LPSK participated in the Joint Capacity Building (JCB) and the 2nd
Joint Committee Meeting on 29 – 30 October 2019 in Jakarta. Both activities
were part of the follow-up signing of the RI – PEA MoU of 2015 in the field of
Combating and Protecting the Victims of TIP by the two countries.

4. Total victims addressed

CHART 7: TOTAL SERVICES THROUGH THE TIP

PROTECTION OF WITNESS AND/OR VICTIM
PROTECTION BY LPSK 2015 - 2019

Source: LPSK, 2020

During 2015 – 2019, LPSK addressed 328 TIP victims, with details of 35 (10.67%) in
2015,109 (33.23%) in 2016, 75 (22.87%) in 2017, 56 (17.07%) in 2018, and 53 (16.16%)
in 2019.

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5. Total victims receiving restitution

LPSK has facilitated the counting and provision of restitution for all TIP victims
in its protection program from 2015-2019. It conducted the facilitation, because
of the legal process for Victims took place at the level of Legal Research and/
or Investigation, if its initial protection occurred at this level. It additionally
provided this facilitation during the legal process at the prosecution level and
case examination before the Court Proceeding. In certain cases, TIP Victims
mind applying for Restitution, for example when the Victims estimate or know
the perpetrator is incapable to pay Restitution. In this case, it does not facilitate
the victims any restitution counting and request.

According to LPSK, during the 2015-2109 period, it has provided for 1,165
protected victims 963 (82.66%) services, with details of 234 (100) in 2015, 148
(87.06%) in 2016, 226 (87.94%) in 2017, 131 (70.43%) in 2018, and 224 (70.44%)
in 2019.

TABLE 33: TOTAL THE PROTECTED RECEIVING

RESTITUTION THROUGH THE WITNESS OR VICTIM
PROTECTION PROGRAM OF LPSK

No Year Protected Restitution

∑ ∑ %
(1) (2) (3) (4) (4)
1 2015 234 234 100
2 2016 170 148 87,06
3 2017 257 226 87,94
4 2018 186 131 70,43
5 2019 318 224 70,44
Total 1165 963 82,66

Source: LPSK, 2020

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LPSK as an institution that assists TIP victims and witnesses has tried carrying out its
duties and functions in enforcing TIP law. Much progress has been recorded. However,
the process of the assistance is still facing obstacles, including: limited time to provide
medical assistance to TIP victims, joint monitoring mechanisms between ministries
and institutions with local governments regarding the psychological condition of
victims, small numbers of witnesses and victims of cross-border TIP protected by
LPSK. Furthermore, as identified by the ATTF, there is no accurate system to integrate
data collection on TIP perpetrators at CID-INP, the Attorney General’s Office, the
Supreme Court, the Director General of Corrections, and PERADI.

4.4.2. Best Practices

Benjina is one of the areas in the Aru Islands District, Maluku Province. In general,
the outer islands in Moluccas, including Benjina, have specific characteristics
and the potential for abundant natural resources, especially their marine fishery.
However, the huge fishery potential and convenient environmental services have
not been effectively utilized by the people living in the vicinity of the islands. This is
required to the difficulty of transportation to reach the islands, insufficient facilities
and infrastructure, limited capacity and number of human resources. They impact on
various factors disadvantaging the development and utilization of abundant natural
resources by local communities and governments.

Subsequently, the government managed this condition by inviting investors to

develop and take advantage of the various fisheries potentials in Benjina. One of the
investors or companies investing in Benjina is PT PBR. PT PBR took over the DGS
Company which has been operating for 25 years in Benjina Village, Aru Tengah Sub-
district, Aru Islands District from the auction results in Manado in 2006, which on
June 27, 2007, was inaugurated as PT PBR. Since then, all DGS assets belonged
to PT PBR. On that occasion, PT PBR took ±80 ex-DGS employees to work at the
company with 52 fishing vessels owned by the company and one truck. The majority
of crew members recruited are foreign crew members recruited by handing over the
process to the Partner Company in Thailand.

Exploiting the potential of fisheries in Benjina, the presence of PT PBR has not had
a significant benefit on the development of Benjina and the welfare of the local
community. In fact, after operating for decades, it has been revealed that various forms
of human rights violations have occurred impacting on tarnishing the reputation of

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Indonesia as being accused of the practice of slavery.

The practice of slavery and the cruel and inhuman treatment experienced by the
ship crew members, mostly come from abroad, namely Myanmar, Thailand, Laos,
and Cambodia, were first exposed by the Associated Press News Agency (AP) which
delivered the news of the results of the investigation report in Benjina. Following up
on the news conveyed by the AP, the Ministry of Marine Affairs and Fisheries (KKP)
acted quickly by involving law enforcement officials to immediately free hundreds of
ABK who were in Benjina. To completely expose the human tragedy, the KKP then
formed an Anti-Illegal Fishing Task Force. Furthermore, the Ministry of Marine Affairs
and Fisheries coordinates with the National Human Right Commission (Komnas HAM)
to monitor and investigate suspected incidents of slavery and various other forms of
human rights violations.

Suffering Experienced by Victims

In accordance with the duties, functions and authorities of Komnas HAM as stipulated
in the laws and regulations, a number of data, facts and information based on the
monitor and investigation of the incident were found as follows:

Based on requests for details from some witnesses, including crew members, PT PBR,
Benjina Village Government, PSDKP and so on, a number of data, facts and information
were found as follows:

1. Trafficking in Persons
Based on the statements of a number of witnesses and victims, some data,
facts and information proved they had become victims of trafficking in
persons. The statements explained that while in Thailand they were deceived
with being recruited by someone who offered a job. They are locked up for
30 days and then received passports on which they were only photographed
without signing any documents. Based on data collection conducted up to
April 8, 2015, there were at least 86 victims from Myanmar, Cambodia and
Laos. It is estimated that the number of victims of TIP will increase considering
that until now data collection is still ongoing on them.

2. Slavery
The crew members was employed without working hour regulations. They
barely worked 22 hours and merely rested for about 2 hours. All the more

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 when they were ill, they were forced to work. They also experience persecution
when they were regarded lazy or disappointed the ship captain (Taikong). In
addition, they in did not receive the salary as promised.

3. Death of Crew Members

Based on the statements of a number of witnesses, it was discovered that
there were data, facts and ship crew in Benjina Village. Since 2007, PT PBR
has been operating and there have been deaths of its crew with various
causes, including being mistreated by the taikong, sick on the boat and the
clinic, falling from the ship, and fighting among the crew members. The
information on the death of 77 crew members, who have died because of
the aforementioned causes since 2007 until now, is based on data of the
Maluku Provincial Police. However, based on the information and statements
submitted by the witnesses, it is estimated that the number could reach
around 200 people.

4. Persecution/violence against PT PBR’s Crew

Based on the statements of witnesses and victims, they experienced violence/
persecution by Taikong where they worked. Persecution, among others, was
carried out by being beaten, kicked, electrified, and even injured with sharp
objects.

5. Unfulfilled Labor Rights

Most of the Crew members who were appealed for information never have
signed a clear work contract. In addition, the working hours of the crew
members were also unclear. They barely toiled 24 hours a day and did not
retain the right to rest. They equally could not perform worship according
to their religion and belief. The Taikong did not give those who are Buddhist
time and facilities for worshiping.

6. Employing Underage Workers

Based on the statements of witnesses and victims, it was found that there
were facts, data, and information showing crew members were still under the
age of 16 and 17 years, when they entered Benjina and worked.

23
Summarized from the Komnas HAM Monitoring and Investigation Report on the Benjina incident.

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 7. Crew Members Locked in Cells
At the compound of PT PBR, two rooms resembled prison cells. They were
utilized to locking crew members who were deemed to have committed
violations, like fighting and getting drunk. The incarceration could vary
from 2 days to 8 months or more.

8. Inhuman Workplace (Ship) Conditions

The crew members who got on board were approximately 40-50 people.
They worked for 1 to 2 months on the boat without being provided with
adequate facilities and infrastructure, such as health facilities. In addition,
the compartments were inhuman, in which they have to enter an unusually
narrow door. It was so short that they were unable to freely move around.

Based on the results of the monitoring and investigation, to create conducive

conditions for the promotion, protection and enforcement of human rights,
restoration of the rights of victims, and ensuring similar incidents do not recur in
the future, Komnas HAM submitted recommendations to the ministry and agencies,
including the National Police of the Republic of Indonesia to:

a. Conduct a thorough investigation, to uncover and thoroughly expose

the alleged practice of human trafficking, slavery and various forms of
constitutional violations suffered over the years by the crew members
working at PT PBR.
b. Coordinate and cooperate with the Police of Thailand, Myanmar, and Laos
and other relevant countries to identify victims and perpetrators suspected
of originating from these countries.23

Law Enforcement

The Indonesian National Police immediately took action to investigate the incident.
From the results of its researches and investigations, the police suspected 8 (eight)
people in this case, namely Youngyut Nitiwongchaeron Als. Yut Als. Tai Yut, Mukhlis
Ohoitenan Als. Mukhlis, Mr. Boonsom Jaika Als. Yud Als. Tai Yud, Mr. Surachai
Maneephong Als. Tai Kee Als. Kee, Mr. Hatsaphon Phaetjakreng Als. Tai At Als.
At, Mr. Somchit Korraneesuk Als. Tai Wau Als. Wau, Yopi Hanorsian Als. Yopi, and
Herman Wir Martino Als. Herman.

The suspects were subject to Article 2 paragraph (2) or Article (3) and Article 13

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of Law Number 21 of 2007 concerning the Eradication of the Criminal Act of TIP
in conjunction with Article 55 paragraph (1) 1e of the Criminal Code. In addition,
the suspect on behalf of Yopi was also subject to Article 351 paragraph (1) and
paragraph (2) of the Criminal Code related to the mistreatment of the victims.

In its progress, in mid-July 2015, LPSK received a letter of application for

protection from the Aru Police dated July 14, 2015, regarding protection requests
for 22 Myanmar citizens who were victims of TIP in Benjina, Maluku. LPSK then
communicated incentives with the Aru Police and the Dobo District Prosecutor’s
Office to gather information related to the technicality of the case addressing
process in relation to the needs of witnesses and victims in the proceeding process.
The challenge in addressing the protection of this case was that the witnesses/
victims were no longer in Indonesia. They have returned to Myanmar, and it was
uneasy for LPSK to immediately transfer them back to Indonesia to testify in court,
because LPSK did not ascertain their whereabouts.

Coordination with the Government of Myanmar

L
PSK coordinated and consulted with the Myanmar Embassy in Indonesia.
It conveyed its duties, authorities, and needs in providing protection and
assistance to Myanmar citizens as requested for protection by the Aru Islands
Police and the Dobo District Attorney. These needs were related to interpreters and
communication with the Myanmar government in coordination regarding technical
protection for citizens who would testify in courts in Indonesia. However, the
Myanmar Embassy seemed to have a different response. They actually pushed for
an out of court settlement and compensation for the 500 Myanmar people who were
victims of this case. The Embassy also stated that it had difficulties in providing
interpreters for victim witnesses to testify in Indonesia.

To face the problem, LPSK soon made contact and coordination with international
agencies involved in addressing this case, i.e. Australia-Asia Program to Combat
Trafficking in Persons (AAPTIP). In collaboration with these agencies, it was finally
able to make contact directly with the anti-TIP unit in Myanmar. It was uneasy
to coordinate directly with the Myanmar government through the unit. The unit
accepted the need for LPSK to be able to meet the victims in Myanmar and bring them
to court in Indonesia. However, they also asked LPSK to implement international
legal provisions by applying MLA (mutual legal assistance) in this interest. This was
another challenge for LPSK, because implementing MLA requires many times. On

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the other hand, there was a very urgent need to bring them to proceedings. LPSK
continued to lobby, so that this process could be carried out informally without any
apply for MLA. This lobby was successful. The Myanmar side hoped LPSK would soon
meet the victims in Myanmar by the end of September 2015.

The Myanmar government arranged an exclusive meeting upon arrival of the LPSK in
Myanmar. The meeting was held in Nay Pyi Taw (the capital of Myanmar) to discuss the
needs and interests of both parties. In the meeting, LPSK explained in advance about
the LPSK agency and technical protection for Myanmar citizens. It also described the
restitution mechanism as the right of victims of trafficking in persons. The Myanmar
side itself expressed several interests in the meeting. It wanted to ensure the security
and safety of its citizens during the meeting in Indonesia. In addition, the Myanmar
government also stated that apart from the 22 citizens of this country, there were 500
other Myanmar citizens who were victims in the Benjina case whose rights must also
be fulfilled. It wanted the other 500 victims to also become the attention of LPSK and
the Indonesian government, especially the Indonesian police. The meeting ended with
the signing of agreements between the LPSK and Myanmar. The agreement contained
several technical matters related to the protection of victim witnesses of Myanmar
citizens, regarding the obligations of the LPSK and the obligations of the Myanmar
government, funding for the protection of victim witnesses, as well as communication
and information channels between both parties in the context of protecting witnesses
of victims of Myanmar citizens.

Finally, after the meeting LPSK was able to meet, interview the victims, and
simultaneously counting the restitution for each victim. The meeting was held in
Yangon City for two consecutive days with the assistance of a Myanmar-English-
Indonesian translator. At that time, LPSK could only meet 13 victim witnesses and one
victim’s family member died. However, the Myanmar government could not determine
the position of the other victims.

Incidences the Victims went through

LPSK has conducted meetings with witnesses/victims in an in-depth examination of

the needs of protection and assistance to them. From the results of the examination, it
was detected that they went through some incidences as follows:

1. Deception
From the results of the interviews, several facts were almost similar, that

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 is they were recruited with promises to work in Thailand. They departed on
Thai-flagged ships from Thai waters. Most of them departed from the port of
the Mekong. They were dispatched by different brokers. Most of them were
not told that they would be working in Indonesian waters fishing. In fact, one
of the victims was shocked when he arrived in Indonesia and wanted to return
to Myanmar because it was too far. The captain of the ship was shouted at
and threatened not to run away and would be reported to the police. They
were only told that they would catch fish in Thai waters with a salary of 6,000
– 9,000 baht per month and a bonus of 50,000 – 150,000 baht per year.

2. Identity Forgery
According to the victims’ testimonies met by LPSK, at the beginning, they
lost their identity. The Thai brokers faked all their identities and changed their
name to Thai as well as their nationalities, place and date of birth. For example,
Soe Thien Mien (not their real name) was replaced by Sumit, a Thai citizen,
and was born in Thailand. One by one, they were ordered by the captain of the
ship to memorize their Thai names and their place of birth in Thailand. The
victims also said that they were shown their passports and seafarers’ books
just before entering Indonesian territorial waters to memorize their identities.

3. Work Hours
The jobs were done regardless of fatigue, because they had to work for 20
hours every day and only had time to rest for 4 hours a day. They were not
provided with a proper compartment but a cramped room and little time to
sleep. This condition was exacerbated by the limited food provided by the
captain of the ship to the victims. Some were only given pop noodles. The
inhumane working hours and inadequate food and rest areas made them sick
for many times.

4. Violence the Victims Suffered from

Another victim, let’s say Mg Kyaw (not his real name) said that one day he was
tired after carrying fish and fell asleep with two of his colleagues. When he
woke up, he suddenly found himself in a weak state of pain, because he had
been shot with a teaser by a company person named Mukhlis. He was shouted
at and beaten to start working again. In addition, several times he was also
found so that his body was wet with water as he worked in the freezer for such
a long time. He was immediately grabbed and beaten by the taikong, even
though at that time he did not intentionally make his body wet, but because

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 he worked in the freezer too long, and meanwhile, at that moment it was cold.

Indeed when they are sick, they still experience very sadistic treatment. The
victims are prohibited from getting sick. Those who are sick and are still lying
in bed, surely they will at once be watered by the captain, so that they get
up immediately and not lazy and even often beaten. One of the victims, who
told he was sick, was beaten and choked, so that he ran away, but was soon
arrested and held in a cell locked by the company. In the cell, he saw friends
who were sick with injections and died. Some of them were given pills causing
their pain worse and eventually died. Seeing the condition of friends who
ended in death, he refused to be given pills or an injection. At other times, he
also saw many burials of Myanmar people on the land of Benjina who were
suffering as a result of being persecuted and inhumane treated by company
people and boat captains.

5. Incarceration
According to the story of Mg Kyaw (not his real name), working on a ship or in
a port (mainland) he could not commit any mistakes nor violate the rules that
have been set. If he did so, he would be sentenced to lock in a cell. Furthermore,
for sure he was mistreated and tortured in the cell. Even expressing the
desire to return to Myanmar was prohibited. He would definitely be shouted
at, threatened with police reporting, and beaten. Meanwhile, the recruiters in
Thailand promised they would be allowed to return home after 4 months of
working in Indonesian waters.

6. Salary
They did not receive their salary according to the initial agreement. On
average, they were only paid in the initial three months lower than what was
promised. Some of them only received IDR 3,600,000 for three months. Some
even received no salary at all for 22 months of work. Likewise, with bonuses,
most of them never get it. Just one or two people receive it a much smaller
amount than promised.

Pick-up and escort from Myanmar to Indonesia

Picking up and escorting and securing witnesses from other countries entering
Indonesia to testify in Indonesian courts is the first experience for LPSK. The pick-up
was carried out to Yangon, Myanmar, on Wednesday, 11 November 2015. At that time,

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LPSK could not immediately transport the victims to Indonesia. It had to first explain
to the Myanmar government and victims about the plans and technical protection
for the victims during their journey to Indonesia and in the territory of Indonesia. It
also explained some regulations that prohibit and allow during the protection period
by LPSK. In addition, it also asked the victims’ willingness to testify in Indonesian
courts. Of the 13 victim witnesses that LPSK met previously, all were willing to go to
Indonesia to testify and one victim’s family filed for restitution completed with official
documents as evidence and fulfillment of formal administrative requirements. After
this explanation, the following day, the witnesses made preparations for departure
to Indonesia. On the next day, they were ready to be flown.

Protecting witnesses and victims who are foreign nationals is not new to LPSK.
However, so far, foreign nationals protected by LPSK are those who can speak
English. Not so with the citizens of Myanmar, none of them speak English. Because
of that, LPSK felt it was important to provide interpreters both for the benefit of the
victims, for the sake of communication for the LPSK, and for the interests of the
court. For this purpose, LPSK requested assistance from the Indonesian Embassy in
Myanmar. Fortunately, one of the local staff at the Indonesian Embassy in Myanmar
could speak Indonesian. So, with the permission of the Indonesian Ambassador to
Myanmar, the local staff joined the group of victims to Indonesia. The Indonesian
Embassy also provided more assistance to LPSK by bringing in other Myanmar-
Indonesian-Myanmar translators to assist previous translators, especially during
court proceedings.

Arriving at Jakarta, the victims were immediately placed in a safe house belonging
to the LPSK and given time to rest for a day before being flown back to Tual, Maluku,
because the proceeding of this case would be held in that area.

Court Proceedings

In preparation for the proceedings, the district attorney of Dobo asked LPSK to
prepare a meeting room between the victim witnesses and the public prosecutor to
testify at the court proceedings. In addition, during the proceeding process in Tual,
the prosecutor’s office asked for security and escort support for victim witnesses
due to their safety and comfort. After coordination was carried out with the Dobo
District Attorney, LPSK then coordinated with the Head of the Tual District Court to
convey the protection provided to witnesses who were victims of TIP in Benjina. The
LPSK team plotted locations and rooms at the Tual District Court for the purposes

129
of security and witness escort. The team also borrowed a room to be used as a
witness waiting room for the safety and comfort of the witnesses. In the framework
of safeguarding and escorting witnesses/victims and based on the information
gathered by the investigation team, it was decided that in addition to the Security
Task Force from the LPSK, 10 personnel each from the Tual Police and Koramil
1503 Southeast Maluku would also be involved. The court proceeding was held
for four days, namely:

December 4th2015
The witness was summoned with the defendant Hatsapon. During the proceedings,
the witness described what he had experienced and performed good testimony.

December 7th 2015

The witnesses were summoned with the initials of the names TN, SM, WH, and
SMT with the defendants Hermanwir, Bonsom, and Yopi. During the proceedings,
the witness described what he had experienced and performed good testimony.
December 8th 2015
The witnesses were summoned with the initials of the names SMT, TZW, ATT, and
AMS with the defendants Hermanwir and Surachai. During the proceedings, the
witness described what he had experienced and performed good testimony.

December 9th 2015

The witnesses were summoned with the initials of the names WISH, YT, TN, TOWN,
and KKN with the defendants Hatsapon, Hermanwir, Mukhlis, and Yopi. During
the proceedings, the witness described what he had experienced and performed
good testimony.

Restitution

Restitution is one of the rights given to victims. It is a must to include restitution for
further decisions by the court, especially in TIP cases. The process of restitution
assessment carried out by LPSK, concluded that the sufferings experienced by
the victims were as follows:

1. Economic exploitation:
a. There is an unclear work relation (no work contract);
b. Document falsification regarding the identity of the victims committed
by offenders;

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 c. The promised wages are not in accordance with the received salary;
d. Fraud/trickery and persuasion are carried out by several actors in the
form of work that is not as promised.

2. Human exploitation:
a. The working hours exceed the normal limit, averagely 20 to 24 hours per
day;
b. Inhuman treatment and bad conditions in the work environment of the
victims;
c. Salaries that do not match the workload of being the crew of a fishing
vessel;
d. The victims did not receive additional income even though they worked
beyond the normal working hours;
e. The work equipment provided for the victims did not comply with the
work’s safety standards which makes them ill;
f. The victims were not provided with basic knowledge as fish catchers in
the sea, and this could threaten their safety;
g. Lack of health and safety facilities in working on the ship;
h. Victims are not given the rights to declare quitting their job and are not
allowed to return to their country;
i. The victim was forced to work, even in unsanitary conditions;
j. The resting hours are not determined in accordance with the capacity of
workers;
k. Food and drinks are not in accordance with nutritional and health
standards for the Victims;
l. There are no restrictions and conditions for the ship’s berth time, causing
the victims to be cut off from communication access with their families
for a long period of time.

3. Physical suffering:
The victims experienced physical suffering due to being subjected to
inhuman torture (handcuffed, beaten, kicked, slapped, etc.) and put in
solitary confinement.

4. Psychological suffering:
The victims experienced mental pressure because they could not fight
or protest against the harsh treatment they received; therefore they
experienced stress/trauma.

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Of the sufferings mentioned above, 14 victims, one of whom has died. Therefore the
one applying for compensation is the heir. The total amount of restitution submitted
is IDR 1,568,900,000 (one billion five hundred and sixty-eight million nine hundred
thousand rupiahs). The following is a detailed list of restitution that has been calculated
by LPSK:

TABLE 34: RESTITUTION LIST CALCULATED BY LPSK

No. Initials of Duration Cost Componen

the victim’s of Work
name
(1) (2) (3) (4)

1 ZAMA 22 months Salary for 22 months (9000 Baht) IDR 79.200.000,00 -

Medical cost IDR 2.000.000,00 -
Received salary - IDR 12.300.000,00
Amount of Requested Restitution IDR 68.900.000,00
2 MN 22 months Salary for 22 months (9000 Baht) IDR 79.200.000,00 -
Overtime pay for 3300 hours (45 Baht) IDR 59.400.000,00 -
Received salary - IDR 27.000.000,00
Amount of Requested Restitution IDR 111.600.000,00

3 ATT 14 months Salary for 14 months (9.000 Baht) IDR 50.400.000,00 -

Received salary - IDR 9.000.000,00
Amount of Requested Restitution IDR 41.400.000,00

4 AMS 6 months Salary for 6 months (9.000 Baht) IDR 21.600.000,00 -

Overtime pay for 900 hours (45 Baht) IDR 16.200.000,00 -
Selling personal belongings IDR 1.500.000,00 -
Received salary - IDR 3.200.000,00
Amount of Requested Restitution IDR 36.100.000,00

5 KKN 36 months Salary for 36 months (9.000 Baht) IDR 129.600.000 -

Received salary - IDR 3.400.000,00
Amount of Requested Restitution IDR 126.200.000,00

6 SM 20 months Salary for 20 months (9.000 Baht) IDR 72.000.000,00 -

Overtime pay for 3000 hours (45 Baht) IDR 54.000.000,00 -
Medical cost IDR 1.200.000,00 -
Received salary - IDR 12.900.000,00
Amount of Requested Restitution IDR 114.300.000,00

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No. Initials of Duration Cost Componen
the victim’s of Work
name
(1) (2) (3) (4)

7 SOM 36 months Salary for 36 months (12.000 Baht) IDR 172.800.000,00 -

Received salary - IDR 27.700.000,00
Amount of Requested Restitution IDR 145.100.000,00

8 TWN 27 months Salary for 27 months (12.000 Baht) IDR 129.600.000,00 -

promised 2 yearly bonuses (50.00 Baht) IDR 40.000.000,00 -
Received salary - IDR 10.000.000,00
Amount of Requested Restitution IDR 159.600.000,00

9 TZW 18 months Salary for 18 months (9.000 Baht) IDR 64.800.000,00 -

promised 1 yearly bonuses (50.000 Baht)IDR 20.000.000,00 -
Selling personal belongings IDR 1.300.000,00
Received salary - IDR 15.000.000,00
10 TN 60 months Salary for 60 months (9.000 Baht) IDR 216.000.000 -
promised 5 yearly bonuses (50.000 Baht) IDR 100.000.000 -
Received salary - IDR 131.000.000,00
Amount of Requested Restitution IDR 185.000.000,00

11 WH 31 months Salary for 31 months (9.000 Baht) IDR 111.600.000 -

Received salary - IDR 24.000.000,00
Amount of Requested Restitution IDR 87.600.000,00

12 WIH 22 months Salary for 22 months (9.000 Baht) IDR 79.200.000,00 -

promised 1 yearly bonuses (100.000 Baht) IDR 40.000.000,00 -
Received salary - IDR 17.500.000,00
Amount of Requested Restitution IDR 101.700.000,00

13 SMT 36 months Salary for 36 months (9.000 Baht) IDR 129.600.000 -
promised 3 yearly bonuses (50.000 Baht) IDR 60.000.000,00 -
Selling personal belongings IDR 1.700.000,00 -
Received salary - IDR 27.000.000,00
Amount of Requested Restitution IDR 164.300.000,00

14 MPPW 25 months Salary for 25 months (9.000 Baht) IDR 90.000.000,00 -
(The late.MH) Overtime pay for 3750 hours (45 Baht) IDR 67.500.000,00 -
Received salary - IDR 1.500.000,00
Amount of Requested Restitution IDR 156.000.000,00

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No. Initials of Duration Cost Componen
the victim’s of Work
name
(1) (2) (3) (4)

INFORMATION:
1. Promised monthly Salary:
a. 9.000 Baht x IDR 400 = IDR 3.600.000
b. 12.000 Baht x IDR 400 = IDR 4.800.000
2. Overtime calculation:
a. Overtime: 1 (one) day of overtime x number of working days per month x duration of work
b. Overtime pay: monthly salary/number of working days in a month/working hours in one day
9,000 Baht/25 working days in one month/8 working hours in one day = 45 Baht per hour
45 Baht IDR 400 = IDR 18.000

4. The promised annual bonus for each victim:
a. IDR 20.000.000 annually
b. IDR 40.000.000 annually

Source: LPSK, 2019

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Court Verdict

The verdict, in this case, was read out by a panel of judges on March 10, 2016, at the
Dobo District Court. Each of the defendants was found guilty of committing human
trafficking against the witnesses/victims. Also, the defendant, on behalf of Yopi, was
found guilty of the criminal act of ill-treatment he committed against this case’s victims.
The details are as follows:

TABLE 35: LIST OF COURT VERDICT ON

THE CASE OF BENJINA
NO NAME NO VERDICT VERDICT RESTITUTION
(1) (2) (3) (4) (5)
3 years imprisonment and
1 Mr. Youngyut 105/PID.Sus/ Paying IDR 129.900.000
a fine of IDR 160.000.000
Nitiwongchaeron 2015/PN Tul (one hundred and sixty Restitution to (one hundred

Als. Yut Als. Tai million rupiahs) with a ATT & MH twenty-nine

Yut provision if the fine is million nine

not paid, it is replaced hundred
by 2 (two) months of thousand rupiahs)
imprisonment.

2 Mukhlis Ohoitenan 106/PID.Sus/ 3 years imprisonment and

Als. Mukhlis 2015/PN TuL a fine of IDR 160.000.000

(one hundred and sixty
Paying IDR 335.300.000
million rupiahs) with a
restitution (three hundred
provision if the fine is
to victims, thirty-five million
not paid, it is replaced
by 2 (two) months of namely SMT, three hundred

imprisonment. WIH and SM thousand rupiahs)

3 Mr. Boonsom 107/PID.Sus/ 3 years imprisonment and Paying IDR 49.800.000

Jaika Als. Yud Als. 2015/PN Tul a fine of IDR 160.000.000 restitution to (forty-nine million
(one hundred and sixty
Tai yud TZW eight hundred
million rupiahs) with a
thousand rupiahs)
provision if the fine is
not paid, it is replaced
by 2 (two) months of
imprisonment.

135
NO NAME NO VERDICT VERDICT RESTITUTION
(1) (2) (3) (4) (5)

4 Mr. Surachai 108/PID.Sus/ 3 years imprisonment and a Paying IDR

fine of IDR 160.000.000 (one
Maneephong Als. 2015/PN Tul restitution 239.900.000(two
hundred and sixty million
Tai Kee Als. Kee to WH, MN, hundred thirty-
rupiahs) with a provision
ZZM, and YT nine million
if the fine is not paid, it is
nine hundred
replaced by 2 (two) months
of imprisonment. thousand rupiahs)

5 Mr. Hatsaphon 109/PID.Sus/ 3 years imprisonment and a Paying IDR 18.400.000

Phaetjakreng Als. 2015/PN Tul fine of IDR 160.000.000 (one restitution to (eighteen million
hundred and sixty million
Tai At Als. At AMS four hundred
rupiahs) with a provision
thousand rupiahs)
if the fine is not paid, it is
replaced by 2 (two) months
of imprisonment.

6 Mr. Somchit 110/PID.Sus/ 3 years imprisonment and a

Korraneesuk Als. 2015/PN Tul fine of IDR 160.000.000 (one

Tai Wau Als. Wau hundred and sixty million

rupiahs) with a provision
if the fine is not paid, it is
replaced by 2 (two) months
of imprisonment.

7 Yopi Hanorsian 111/PID. Sus/ 3 years imprisonment and a

Als. Yopi 2015/PN Tul fine of IDR 160.000.000 (one
hundred and sixty million
rupiahs) with a provision
if the fine is not paid, it is
replaced by 2 (two) months
of imprisonment.

8 Herman Wir 112/PID.Sus/ 3 years imprisonment and a

Martino Als. 2015/PN Tul fine of IDR 160.000.000 (one

hundred and sixty million
Herman
rupiahs) with a provision
if the fine is not paid, it is
replaced by 2 (two) months
of imprisonment.

Source: LPSK, 2019

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Of all the suspects who were decided to have to pay losses or restitution, only 1
Perpetrator stated the inability to pay; therefore the expected restitution amount was
incomplete. The total restitution money of IDR 438.000.000 (four hundred and thirty-
eight million rupiahs) has been entrusted to the Republic of Indonesia’s Attorney
General to be handed over to the victims many as 8 people.

Submission of Restitution

Following up on the court verdict, the prosecutor, especially for handing over restitution
money from the offenders to the victims, has coordinated with various ministries and
institutions. This coordination is necessary because the victims have returned to
Myanmar. Therefore a mechanism for handing them over is essential.

In accordance with the results of the coordination, then on December 8, 2017, at the
Attorney General’s Office of the Republic of Indonesia, a signing and handover of
an official report on the restitution in the form of a sum of money were carried out to
the victims of Benjina TIP. The event was attended by LPSK, Secretary of the Deputy
Attorney General for General Crimes, the Director for Southeast Asia, the Directorate-
General for the Asia Pacific and Africa, the Ministry of Foreign Affairs of the Republic of
Indonesia, and the Director of the Task Force on Terrorism and Transnational Crime.
The event was also attended by the Myanmar Ambassador in Indonesia, who received
the restitution money and then hoped that the Myanmar Embassy in Indonesia would
immediately hand over the restitution to the victims.

4.4.3. Challenges and Problems

The challenges and problems faced by LPSK in assisting the victims of TIP include:

1. The medical assistance provided to victims of TIP is limited to a period of 2

years considering the limited allocation of funds for the provision of medical
aid;
2. The psychological assistance provided to the victim is limited in duration;
3. There is no joint mechanism with related Ministries/Institutions and Local
Governments to monitor the development of the victims’ psychological
condition; the victim’s residence who is not in the same area as the psychologist
makes it challenging to provide psychological counseling services.
4. The limited number of psychologists and the absence of psychologists in

137
 certain areas. The program for assisting Ministries/Agencies is primarily
intended for poor people, while victims do not want to be treated as poor
people;
5. The PHP protection program is closely related to legal proceedings at the
level of Investigation, Prosecution, and Trial, which its period of time cannot
be predicted.
6. Legal proceedings against Witnesses, Victims, and their Families sometimes
occur in places far from the residence of Witnesses, Victims, and Their
Families.
7. Witnesses and Victims often want to immediately return to work in other
offices/places while the legal process is ongoing, ignoring their own security
problems.
8. It is difficult to realize bilateral cooperation because the suspected offenders
of TIP come from one of the state parties—the subjectivity of state parties in
protecting their citizens who are involved in human trafficking.
9. A small number of cross-country witnesses and victims of human trafficking
are protected by LPSK or detected by the ATTF. LPSK/ATTF do not have
jurisdiction over cross-border witnesses of TIP, especially foreign witnesses.
10. LPSK does not collect data on the offenders of TIP because the Witness
and Victim Protection Agency (LPSK) focuses on providing protection and
assistance to witnesses and victims of TIP, so LPSK does not have accurate
data on the offenders of TIP. As stipulated in Article 12 of Act Number 13 the
Year 2006 in conjunction with Act Number 31 of 2014, LPSK is responsible
for handling protection and assistance to Witnesses and Victims of criminal
acts.
11. As far as LPSK knows, there is no accurate system that can integrate data
collection on the Perpetrator of TIP at the Criminal Investigation Division,
Attorney General’s Office, the Supreme Court, the Director-General of
Corrections, and Indonesian Advocates Association (PERADI).
12. Victims of TIP are reluctant or do not know how to report to LPSK and/or
report to the ATTF
13. Victims of TPI feel reluctant/afraid to deal with the legal process.
14. Some problems related to restitution for TIP victims are as follows:

a. Victims of TIP generally have difficulty in gathering evidence related to

their losses. This is because these losses are generally related to events
or incidents in the past, which victims of TIP generally do not store, even
do not have.

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 b. Referring to Article 48 Paragraph (2) of Law Number 21/2007, it is
determined that Restitution for TIP Victims is in the form of compensation
for: (a) loss of assets or income; (b) suffering; (c) cost of medical and/or
psychological treatment; and (d) other losses suffered by the victim arising
from the TIP.
c. There is no/not yet adequate explanation or guidance regarding the
definition of compensation in the form of “Suffering” as referred to in
Article 48 Paragraph (2) letter (b) of Law Number 21/2007.
d. There are no/not yet rules regarding requests for restitution filed after the
court’s ruling is legally binding, as referred to in Article 7A Paragraph (5) of
Law Number 31/2014, namely through the Court Ruling In this regard, the
Supreme Court Regulation mandated by Government Regulation Number
7/2018, in particular Article 31 Paragraph (4) in conjunction with Article
28, has not yet been completed.
e. Restitution is often not paid for by the TIP perpetrator and is replaced by
the substitute punishment for incarceration, as is possible in the provisions
of Article 50 Paragraph (4) of Law Number 21/2007.
f. TIP perpetrators often do not have adequate financial capacity to pay
restitution to TIP victims. This happens because most of the perpetrators
caught and processed legally are actors with categories: recruiters,
transporters, collectors, and/or senders. The “main” perpetrators, who
are generally organized international crime networks, are still difficult to
catch.
g. Confiscation and auction of the convict’s assets to pay Restitution to TIP
Victims, cannot yet be carried out. This is because until now there has
been no implementing regulations for Article 50 Paragraph (3) of Law
Number 21/2007, namely regarding an order from the Court to the Public
Prosecutor to confiscate the convict’s assets and auction the assets for
restitution payments.
h. Failure to notify and or facilitate TIP victims to apply for restitution.

4.4.4. Recommendation

Challenges and problems in law enforcement for the protection of witnesses and victims
of TIP Crime can be overcome, as mandated by laws and regulations in the future, and
LPSK recommends the following:

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 1. Cooperation with related Ministries/Agencies is necessary, especially with
Local Government for the continuation of victims’ physical recovery.
2. Concerted efforts are necessary in order to establish victim trust funds.
3. Cooperation and a joint tribunal with related Ministries/Agencies and
Local Governments are needed to ensure the availability of Psychologists
in the regions, which include the allocation of budget for the provision of
psychological counseling for victims.
4. Cooperation with Psychological Counseling Service Providers is necessary,
for example: with HIMPSI, practising Psychologists, etcetera.
5. Support for collaboration and synergy of program by Ministries/Agencies/
Local Governments and other related agencies are required with regard to
Psychosocial Rehabilitation for Victims of TIP Crime.
6. Relevant Ministries/Agencies/Local Governments need to establish
affirmative policies.
7. An agreement between Law Enforcement Agencies needs to be establsihed
to prioritize processing of TIP Crime cases.
8. An agreement between Law Enforcement Agencies needs to be established
in order to allow examination of witnesses, victims and their families to take
place at their own domicile.
9. A study or agreement with the Supreme Court needs to be established with
regard to the opportunity or possibility of examining Witnesses, Victims and
their Families by teleconference.
10. Collaboration with the local Police is necessary in order to provide Physical
Protection for the Protected.
11. Good relations with neighboring countries in all fields needs to be heightened.
12. Bilateral/regional/international cooperation on Mutual Legal Assistance in
Criminal Matter is needed.
13. Socialization of LPSK and/or the Task Force for the Prevention and Handling
of the Crime of TIP to the community in the District and/or Village needs to be
intensified.
14. The awareness of Victims of TIP Crime needs to be raised, with the assistance
of the Task Force for the Prevention and Handling of the Crime of Trafficking
in Persons, to make them aware that the legal process is a process to ensure
that the rights of TIP Crime Victims are fulfilled.
15. In carrying out restitution, LPSK recommends:
a. Ship Crew and IMW need to be equipped with training on Evidence of Loss
and Legal Process.
b. Include Law Number 21 of 2007 in PROLEGNAS to be amended.

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 c. The Task Force for the Prevention and Handling of the Crime of TIP urges
the Supreme Court to immediately finalize the Supreme Court Regulation
on Restitution.
d. Amendments are made to the provisions of Article 50 Paragraph (4) of
Law Number 21 of 2007.
e. Establish bilateral, regional and international cooperation in the field of
Mutual Legal Assistance in Criminal Matter.
f. The Task Force for the Prevention and Handling of the Crime of TIP submits
a written proposal to the Supreme Court and the Attorney General’s Office
to establish implementing rules regarding restitution.
g. Increase supervision by superiors.

4.5 Financial Transaction Reports and Analysis

Center (INTRAC)

4.5.1. Achievements

Achievements in the field of law enforcement of TIP Crime through the adoption of
money laundering approach by the INTRAC are, among others:

1. Submission of Suspicious Financial Transaction Reports (STR) related to

alleged TIP Crime by Reporting Parties for the period 2015 - 2019, totaling
393 STRs. The STR statistics in the last 2 (two) years, namely throughout
2018 recorded 8 (eight) STRs. Trend in submitting STR in 2018 decreased
compared to that of the previous 3 years with the highest distribution in
Jakarta, East Nusa Tenggara and West Java.
2. For 2019, the STR submitted by the reporting party regarding the alleged TIP
Crime throughout 2019 amounted to 274 STRs. This number demonstrates
quite a significant increase when compared to the number in the previous
year, and has become the highest achievement of STR reporting from the
reporting party since 2015. The distribution of the highest STR reporting
areas also experienced changes, namely the highest areas in Jakarta, West
Java and East Java.
3. Proactive delivery of financial intelligence products in the form of Analysis
Results (HA) to the Money Laundering Crime Investigators (TPPU) for TIP
Crime, namely the Police, cumulatively for the period 2015 - 2019 amounted
to 24 (twenty four) HAs.

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 4. Issued the Decree of the Head of INTRAC Number 207 of 2017 concerning
the Establishment of a Technical Team for the Implementation of the Risks,
Trends and Methods Group Project on Money Laundering Risks Arising from
Trafficking in Human Beings on September 28, 2017, as one of Indonesia’s
engagements with the United States and Canada in identifying the flow of
funds for TIP in the Financial Action Task Force (FATF) forum.
5. Issued the Decree of the Head of INTRAC Number 225 of 2017 concerning
the Effective Team for Change Projects in the Framework of Optimizing
the Handling of MLC deriving from TIP Crime with a Typology Module on
November 10, 2017.
6. Conducted a Focus Group Discussion (FGD) related to TIP Crime, which was
attended by representatives from the Ministry of Labor, the Attorney General’s
Office, the Police, Bank Indonesia, the Financial Services Authority (OJK), the
BNP2TKI, and Migrant Care, which was followed by the signing of the Minutes
of Strategy for Optimizing Prevention and Combating Money Laundering with
the Human Trafficking Typology Module. This report contains the agreement
of the stakeholders to work together, help each other and provide inputs related
to TIP Crime problems, Sectoral Risk Assessment in the form of modules that
will be used to uncover MLC cases.
7. Prepared materials in preparing a guidebook sponsored by AAPTIP, namely
a guidebook on financial investigations in the case of TIP Crime with the
National Police.
8. Socialization of the guidebook on financial investigations in the case of TIP
Crime in Bandung, 13-14 August 2018.
9. Prepared materials for the preparation of the Module for Handling of MLC
with Predicate Offence of TIP Crime.
10. Trial of the Draft Module for Handling of MLC with Predicate Offence of TIP
Crime in Kupang, East Nusa Tenggara as one of the high-risk areas for TIP
Crime, which was then followed by the signing of the Minutes of the Consensus
Minutes for the Implementation of the Module of Handling of MLC with
Predicate Offence of TIP Crime by a number of representatives from the East
Nusa Tenggara Regional Police, Kupang District Attorney, Kupang District
Court, the Provincial, District and City Office of Labor and Transmigration,
and the Coordinating Ministry for Political, Legal and Security Affairs.
11. Attending an analyst exchange program with the Financial Intelligence Unit
(FIU) of Malaysia and the FIU of Australia in order to analyze TIP Crime cases
involving three jurisdictions.
12. Sending INTRAC representatives to the FATF/APG Typologies forum for

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 discussion of activities on handling the flow of TIP Crime funds in Busan, South
Korea in November 2017, and in Novosibirsk, Russia in December 2018.
13. Carrying out the Joint Analyst Exchange Program for 4 months from November
2018 to February 2018 with regard to the issue of TIP between Indonesian
FIUs, Malaysian FIUs (UPW-BNM) and FIU Australia (AUSTRAC) under the
cooperation of INTRAC-AUSTRAC Partnership Program (PAPP).
14. INTRAC, acting as co-chair of the financial intelligence consultative group,
at the 4th Counter-Terrorist Financing (CTF) Summit in Bangkok in October
2018, proposed a collaborative effort to handle human trafficking in one of
the AML workstreams, which was accepted as a breakthrough in regional risk
assessment (RRA) on human trafficking.
15. INTRAC together with FIU Australia (AUSTRAC), and the Asia Pacific Group
on Money Laundering (APG-ML) organized a Human Trafficking and People
Smuggling Workshop in April 2019 at Bandung City, West Java. This activity
involved 70 participants from various countries in the Asia Pacific region, and
engaged the private sector and NPOs (Non-Profit Organizations) and NGOs.
The activity discussed the financial flow of TIP and challenges regarding the
mechanism for handling this crime, and came up with recommendations of
a paradigm shift in handling cases of modern slavery. Wherein the approach
used is an approach at strategic, operational and tactical levels. Such approach
may cover major issues regarding partnerships, intelligence activities, and
investigations.

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 TABLE 36: DEVELOPMENT IN THE NUMBER OF STR
RECEIVED BY INTRAC BASED ON ALLEGATIONS OF
PREDICATE OFFENCE
Number of STR %
Development in Desember-
Distribution
Dec Year Nov Dec Year 2019
Allegations in Year
2018 2018 2019 2019 2019 (in Percentage)
of Predicate 2019
(until (until
Offence Dec Dec (until Dec m-to-m y-on-y c-to-c
2018) 2019) 2019)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Related to Crimes of 2,262 21,699 2,368 1,987 24,295 31.0 -16.1 -12.2 12.0

Ø Fraud 702 7,899 1,263 919 9,799 40.3 -27.2 30.9 24.1

Ø Corruption 627 4,360 346 269 4,578 18.8 -22.3 -57.1 5.0

Ø Gambling 211 1,345 182 114 2,907 12.0 -37.4 -46.0 116.1

Ø Taxation 211 1,124 95 67 1,480 6.1 -29.5 -68.2 31.7

Ø Drugs 75 2,773 157 206 1,257 5.2 31.2 174.7 -54.7

Ø Embezzlement 39 481 64 42 959 3.9 -34.4 7.7 99.4

Ø Bribery 59 730 27 49 685 2.8 81.5 -16.9 -6.2

Ø Terrorism 51 840 123 59 674 2.8 -52.0 15.7 -19.8

Ø Banking 145 902 34 128 571 2.4 276.5 -11.7 -36.7

Ø Human Trafficking 0 8 0 0 274 1.1 n.a. n.a. 3,325.0

Ø Environment 17 45 1 17 71 0.3 1,600.0 0.0 57.8

Ø Theft 0 38 4 23 67 0.3 475.0 n.a. 76.3

Ø Forestry 17 27 1 29 51 0.2 2,800.0 70.6 88.9

Ø Capital market 0 4 8 1 28 0.1 -87.5 n.a. 600.0

Ø Insurance 0 32 1 7 27 0.1 600.0 n.a. -15.6

Ø Smuggling of goods 0 24 1 0 21 0.1 -100.0 n.a. -12.5

Ø Prostitution 0 1 0 0 8 0.0 n.a. n.a. 700.0

Ø Money counterfeiting 1 7 1 0 6 0.0 -100.0 -100.0 -14.3

Ø Psychotropic drugs 0 4 0 0 4 0.0 n.a. n.a. 0.0

Ø Marine & fisheries 0 17 0 0 3 0.0 n.a. n.a. -82.4

Ø Labor smuggling 0 4 0 0 3 0.0 n.a. n.a. -25.0

Ø Kidnapping 0 0 0 0 2 0.0 n.a. n.a. n.a.

Ø Immigrant 0 60 0 0 1 0.0 n.a. n.a. -98.3
smuggling
Ø Illicit arms trade 0 1 0 0 1 0.0 n.a. n.a. 0.0

Ø Other crimes
punishable by
107 973 60 57 818 3.4 -5.0 -46.7 -15.9
imprisonment of 4
years or longer
Unidentified Crimes/ 3,759 45,385 6,029 4,682 54,093 69.0 -22.3 24.6 19.2
etc

Source: Statistic Bulletin APU/PPT Vol 118 - December 2019, INTRAC

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 TABLE 37: DEVELOPMENT OF THE NUMBER OF
ANALYSIS RESULT DELIVERED TO INVESTIGATORS
BASED ON ALLEGATION OF PREDICATE OFFENCE
Allegation Before the After the Enactment of Law on Money Laundering Crime No. 8 Thn 2010 Number
of Predicate enactment of (since January 2011) Jan ‘11
Offence MLC LAW until
No. 8 OF Year Year 2018 Year 2019 Num- Des ‘19
2010 2011- ber
2017 Dec Cummula- Nov Dec - Cummula-
(until Octo-
-2018 tive up to -2019 2019 tive up to
ber 2010)*)
Dec - 2018 Dec- 2019

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Ø Corruption; 580 1,362 19 240 23 24 253 1,855 2,435

Ø Bribery; 40 73 0 5 0 0 0 78 118

Ø Drugs; 47 122 7 49 9 18 57 228 275

Ø Banking; 46 46 0 4 2 1 9 59 105

Ø Capital market 0 1 0 0 0 0 0 1 1

Ø Insurance; 1 0 0 0 0 0 2 2 3

Ø Customs and 9 29 0 10 4 5 28 67 76

Excise;

Ø Terrorism/ 19 97 2 22 4 12 59 178 197

Terrorism financing;

Ø Theft; 4 5 0 0 0 0 0 5 9

Ø Embezzlement; 42 80 1 7 0 1 14 101 143

Ø Fraud; 419 327 8 65 8 11 68 460 879

Ø Counterfeiting; 5 5 2 8 0 0 3 16 21

Ø Gambling; 17 41 1 3 0 1 9 53 70

Ø Prostitution; 4 2 0 0 0 0 0 2 6

Ø Taxation; 7 240 9 67 20 21 113 420 427

Ø Forestry; 6 8 0 2 0 0 0 10 16

Ø Marine and 0 3 0 0 0 0 1 4 4

Fisheries;
Ø Trafficking in 0 15 0 9 0 0 3 27 27
Person;
Ø Environment; 0 0 1 1 1 0 5 6 6
Ø Other crimes
punishable by 0 39 0 5 0 0 8 52 52
imprisonment of 4
years or longer
Ø Unidentified/etc 185 192 0 1 0 0 0 193 378
Number of Analysis 1,431 2,687 50 498 71 94 632 3,817 5,248
Result

Source: Statistic Bulletin APU/PPT Vol 118 - December 2019, INTRAC

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4.5.2 Challenges and Problems

In enforcing the Lau on TIP Crime INTRAC is still facing challenges and problems of,
among others:

1. Lack of comparison of the number of Suspicious Financial Transaction Reports

(STRs) from the Reporting Parties with Analysis Results (HA) submitted by
INTRAC to TIP investigators. This is due to several factors, namely, among
others:

a. The STR reported by the Reporting Party is an “early indication” based on

the analysis of the Reporting Party of the existence of a flow of funds that
could potentially be related to a Crime. Therefore, a more in-depth analysis
conducted by INTRAC will prove whether or not the transaction is related to
a crime, especially the Crime of TIP.
b. In 1 (one) Analysis Result Report, generally there are more than 1 (one)
STRs. This is because 1 (one) case the flow of funds related to a crime will
contain several flows of financial transactions that are interrelated with one
another.
c. The Crime of TIP is not a high-risk predicate offence (PO) in Indonesia
according to the 2015-Updated National Risk Assessment on Money
Laundering (NRA ML). In Indonesia, high-risk Predicate Offences are
Drugs-related crimes, corruption crimes, and banking crimes. Therefore,
efforts in handling crimes using a risk-based approach will reduce the
focus on low-risk POs.
d. STRs that are allegedly related to the flow of funds for TIP Crimes have
the potential to be still in the process of being analyzed internally by the
INTRAC and have not yet reached the final results in the form of disclosure
of criminal cases, particularly those related to TIP Crimes.
2. Limited statistics/information concerning the flow of funds for trafficking
offenders.
3. Lack of the availability of guidelines, Standard Operating Procedures,
investigation strategies and “follow the money” approaches for completing
cases of TIP Crime by national and regional investigators.
4. Limited human resources (HR) in handling cases of TIP crime in some regions.
5. Lack of competence of the human resources in the process of handling
financial investigations and money laundering investigations, particularly the
ability to trace transactions and assets.

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 6. Coordination and cooperation in preventing and eradicating TIP syndicates
with an anti-money laundering regime (AML) approach has yet to be optimized.
7. Reporting Parties that have not been optimal in identifying the existence of
TIP Crime through the flow of transaction.
8. There is no risk mitigation in handling TIP Crime with regard to MLC aspects.
9. The Public-Private Partnership approach to uncover cases of TIP Crime is still
difficult to implement, due to the strict regulations related to confidentiality.

4.5.3 Recommendation

In terms of law enforcement in the Eradication of TIP Crime sector progress has been,
yet various challenges and problems remain. To overcome these, it is necessary for
INTRAC to:

1. Make efforts to prevent and eradicate TIP with specific policies and effective
strategies and provide a deterrent effect through a risk-based approach.
2. Bring into realization the creation of the MLC Handling Module with the
predicate offence of TIP crime as a guideline for related agencies in carrying
out tasks comprehensively to handle the risk mitigation of TIP crime.
3. Conduct Training of Trainer Candidates for a number of Law enforcement
personnels at national level and at regions that are at high risk of TIP Crime in
order to carry out financial-based investigations (follow the money) and adopt
the ML approach with the concept of a risk-based mentoring program.
4. Provide instructions in exchanging information on TIP cases between INTRAC
and Law Enforcement Agencies.
5. Conduct ongoing socialization and training for Law Enforcement and related
agencies in various regions on the handling of TIP Crime with the APU
approach aspect.
6. Encourage related parties to adopt sectoral risk assessment and risk-based
approach in handling TIP Crimes.
7. Engage the regulators and the Reporting Party to play their roles in order for
the public-private partnership approach to succeed.

4.6 Capacity Building of the Law Enforcement

Officers

The capacity building of the Law Enforcement Officers has made progress. The capacity
building is carried out through the following:

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 1. Law enforcement on TIP cases has two concurrent functions, namely to
uphold justice and to prevent the recurrence of TIP cases due to a deterrent
effect exerted against the perpetrators. However, one of the challenges
in eradicating TIP crimes is the ineffective law enforcement. This is due to,
among others, the diverse understanding and skills of the law enforcement
officers with regard to Law Number 21 of 2007 concerning the Eradication
of the Crime of TIP and other related laws. For this reason, the Ministry of
Women Empowerment and Child Protection designed a refresher forum
for Law Enforcement personnel, which was implemented in an integrated
manner (engaging the police, prosecutors, judges, and lawyers) to encourage
intellectual clarity and opportunities to practice the theories of various laws
and regulations and protocols related to gender-responsive and equitable
prevention and handling of TIP crimes. Through this training, it is hoped that
participants will have the same perception of the values related to the protection
and handling of victims of TIP crimes, and together look for breakthrough
measures in handling law enforcement for both the perpetrators and victims
of TIP crimes by referring to all related laws and regulations.

In this training, competent speakers were brought in to deliver the training

materials, which dicussed among others:
• Principles of Fulfilling the Rights of Witnesses and Victims of TIP Crime
and the mechanism for submitting restitution;
• Substantiation of cases of TIP Crime in court with due observance of, and
special considerations of adjudicating cases of women and children in
conflict with the law;
• Description of the implementation of the Law concerning TIP Crime in
resolving cases of TIP Crime;
• TIP Crime as a form of human rights violations and Gender Injustice;
• Investigation and Prosecution of cases of TIP Crime and special
considerations that deserve attention; and
• Financial transactions analysis in the eradication of cases of TIP Crime.

Until 2019, the Ministry of Women’s Empowerment and Child Protection had
provided Integrated Training (technical guidance) for handling TIP Crimes to
as many as 499 law enforcement officers consisting of police, prosecutors,
judges, and advocates/victim assistants with the following details:

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TABLE 38: DATA OF LAW ENFORCEMENT PERSONNEL
THAT HAVE BEEN TRAINED BY THE MINISTRY OF
WOMEN EMPOWERMENT AND CHILDREN PROTECTION
YEAR NUMBER OF PARTICIPANTS

2017 130 persons

(from 9 provinces and 22 districts/cities)
2018 194 persons
(99 persons from 30 districts/cities in 10 provinces; and 95 persons from
35 districts/cities within the Central Java Police)
2019 175 persons
(from18 provinces and 52 districts/cities)

a. In 2017 the training involved 130 Law enforcement personnel from 9 provinves
(Central Java, East Java, West Java, DKI Jakarta, West Nusa Tenggara, North
Sulawesi, North Sumatera, West Kalimantan, East Nusa Tenggara) and 22
districts/cities in the East Nusa Tenggara Province (Districts of Alor, Belu,
Ende, East Flores, Kupang, Lembata, Malaka, Manggarai, West Manggarai,
East Manggarai Timur, Nagakeo, Ngada, Rote Ndao, Sabu Raijua, Sikka, West
Sumba, Southwest Sumba, Central Sumba, Kab. East Timur, South Central
Timor, North Central Timor, Kupang city).

b. In 2018 the training involved 99 Law enforcement personnel from 30 districts/

cities in 10 provinces (Riau, Lampung, Central Java, East Java, Banten, Bali,
West Nusa Tenggara, West Kalimantan, West Sulawesi, and North Sulawesi).
In addition, in collaboration with the Central Java Regional Police, training was
held for Investigators within the Central Java Regional Police at Laras Asri Hotel,
Salatiga on 28-30 November 2018. The training involved 95 participants from 35
areas within the command of the Central Java Police, namely the offices of the
Central Java Regional Police, Banjarnegara, Banyumas, Batang, Blora, Boyolali,
Brebes, Cilacap, Demak, Grobogan, Jepara, Karanganyar, Kebumen, Kendal,
Klaten, Kudus, Magelang, Magelang Kota, Pati, Pekalongan, Pekalongan Kota,
Pemalang, Purworejo, Purbalingga, Rembang, Tegal, Tegal City, Salatiga,
Semarang, Sragen, Sukoharjo, Surakarta, Temanggung, Wonogiri, Wonosobo,
and Semarang.

c. In 2019 a training was conducted for 175 Law enforcement personnel, which was
divided into 2 cohorts, namely Cohort-I coming from 10 provinces (East Java,
Central Java, West Kalimantan, Central Kalimantan, South Kalimantan, East

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 Kalimantan, North Kalimantan, Bali, West Nusa Tenggara, East Nusa Tenggara)
and 26 districts, cities (the city of Surabaya, districts of Kediri, Jombang,
Banyuwangi, Tulungagung, Trenggalek, Ponorogo, Bangkalan, Sidoarjo,
Malang, Tegal, Sintang, Mempawah, Sambas, Palangkaraya City, Banjarmasin
City, Tanah Bumbu, Kota Samarinda Kota Tarakan, Kab. Bulungan Kab. Badung,
Tabanan, Denpasar, Central Lombok, Sumbawa Besar, district of Kupang).
Participants of the second Cohort came from 8 (eight) provinces (West Java,
DKI Jakarta, Lampung, North Sumatera, Riau Islands, Jambi, South Sumatera,
Bengkulu) and 26 districts/cities (the city of Bandung, districts of Tasikmalaya,
Garut, Ciamis, Bekasi, Karawang, Subang, Bogor, Cianjur, Indramayu, Sukabumi,
Cities of Central Jakarta, West Jakarta, East Jakarta, South Selatan, North
Jakarta City, Bandar Lampung, Medan, Districts of Simalungun, Deli Serdang,
Batam, Tanjung Balai Karimun, the cities of Jambi, Palembang, Bengkulu).

Training for handling of TIP Crimes for law enforcement officers was also carried
out by the Women Empowerment and Child Protection Office in each province
funded by the MoWECP funds.

2. INTRAC conducted a Try Out of the Draft of the Module for Handling MLC with
Predicate Offence of TIP Crime at the East Nusa Tenggara Regional Police, Kupang
on 24-25 November 2017 as one of the high-risk areas for TIP Crime, which was
attended by 60 representative participants from the East Nusa Tenggara Regional
Police, Polres Kupang, the Kupang District Prosecutor’s Office, the Kupang
District Court, the Provincial, District and City Offices of the Ministry of Labor and
Transmigration, and the Coordinating Ministry for Political, Legal and Security
Affairs. This activity was then followed by the signing of the Minutes of Consensus
for the Implementation of the Handling of MLC Modules with the Predicate Offence
of TIP Crime by each representative.

3. The International Organization for Migration (IOM) supported the capacity building
programs for law enforcement officers. During 2015-2019, 593 law enforcement
officers (426 men, 167 women) from the offices of the Police, prosecutors and
judiciary, immigration and the Navy, and Supervision of Marine and Fisheries
Resources (for cases of TIP Crimes in the fisheries sector), received training on the
identification and handling of victims of TIP Crime. The training was conducted
in West Java (2016), Riau Islands (2016), North Sumatra, DKI Jakarta, West Nusa
Tenggara (2018), West Kalimantan (2019), North Kalimantan (2019), East Nusa
Tenggara (2018-2019), South Sulawesi (2019).

150
 developing
legal norms
151
CHAPTER 5

Ministry of Law and

Human Rights act as
coordinator of sub-task
force for prevention with
support of Ministry of
Foreign Affairs, Ministry
of Information and
communication, Ministry of
Social affairs and ministry of
Tourism

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The aims is to enforce legislation regarding
Criminal Act on TIP

1. Criminal Code Bill through an activity of deliberation of

Criminal Code Bill between Government and The House of
Representative
2. As an implementation of Article 25 paragraph (2) and Article
92 paragraph (4) of Act Number 11 of 2012 on Criminal
Justice system on Children and Government Regulation
Draft on Guideline to register child case through the activity
of harmonization and unification meeting and concept
consolidation at the Directorate General of Legislation.
3. As an implementation of Article 71 paragraph (5), Article 82
paragraph (4) of Act number 11 of 2012 on Criminal Justice
system of Children and Draft of Government regulation on
the Form and the implementation of criminal procedure
for children and action that can be imposed on children
through harmonization and unification meeting and concept
consolidation at the Directorate General of Legislation.
4. As an implementation of Article 94 paragraph (4) Act number
11 of 2012 on Criminal Justice system on Children and Draft of
Government Regulation on Procedure to conduct coordination,
monitoring, evaluation and reporting, has been enacted the
Government Regulation number 65 of 2015 on Guidance
on the implementation of diversion and managing children
under 12 year, it has been enacted the President regulation
number 175 of 2014 on education and integrated training
for Act enforcement officers and related parties on Criminal
Justice system on Children through Harmonization and unison
meeting and concept consolidation at the Directorate General
of legislation.
5. In the process of meeting to collect materials to produce
an academic paper on acts of torture and cruel, inhuman
or degrading treatment and other punishment through the
activity of meeting to draft material for an academic paper of
the bill on the act of torture and cruel, inhuman or degrading

153
 treatment and other punishment at the Agency of research and
Development on Human Rights.
6. It has been regulated under Act number 6 of 2011 on
immigration in chapter VIII part fourth on handling the victim
of TIP and smuggling through the activity of victim of TIP and
human smuggling who are in the region of Indonesia shall be
placed in immigration Detention House or elsewhere specified
and activity of victim of TIP and smuggling receive special that
is different from detention in general
7. Ratification of ASEAN Convention on Trafficking in Persons,
Especially Women and Children through the activity of issuing
a regulation that ratifies of ASEAN Convention on Trafficking in
Persons, especially women and Children

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5.1 Achievement

5.1.1 Criminal Code Bill

The Government and The House of Representative of the Republic of Indonesia in

deliberating the Criminal Code Bill agreed upon several articles related to the criminal
act of trafficking in person, including article 70, article 338, article 555, article 556, article
557, article 558, article 560, article 561, article 562, article 563, article 564, article 565,
article 566, article 567, article 568, article 569, article 570

Provisions are stipulated under Criminal Code Bill, among others are criminal act of
trafficking in persons, bringing a person into the territory of Indonesia, removing a
person from territory of Indonesia to be trafficked, TIP that cause harm or illness, TIP by
an organized group, inducing without gaining, intercourse and molestation to trafficked
person, document and identity forgery to facilitate trafficking in persons, power abuse
to facilitate trafficking in persons, harboring trafficking perpetrator, trafficking person in
ship, transporting a person to be trafficked by boat, facilitating and extending trafficking.

The complete provision on the criminal act of TIP under Criminal Code Bill, the following:

Article 70
(1) Imprisonment is imposed for life or a certain period
Explanation of article (1):
Life imprisonment shall mean as imprisonment is served by the convict for the rest of his life
(2) Imprisonment for a specified time is applied for a maximum at 15 (fifteen) consecutive
years or at least 1 (one) day unless it is classified as a minimum penalty of special crime
Explanation of article (2)
A special crime shall only be applied to a crime that is regarded as a serious crime, including
the crime of corruption, crime of narcotics, the crime of serious human right violation and
crime of trafficking in persons. The minimum penalty of special crime in this provision shall
only be imposed when it does not cause injustice to the defendant considering the intention
and/or motive to commit the act or amount of the loss incurred is not excessive or impact of
the action do not disrupt the life of society.

Article 338
Anyone who becomes a witness or another person is related to crime of narcotics, terrorism,

155
corruption, money laundering, serious human rights violation or crime of trafficking
in persons, who mention name or address of whistleblower or other information that
provide a possibility of exposing the identity of the whistleblower in the court investigation
and examination although prohibition is notified to the person, shall be punished with
imprisonment at a maximum of 1 (one) 3 (three) years imprisonment or shall be fine at most
of category II.
Note:
Require an explanation
Agreed by Working Committee of the House of Representative on 22 November
2016, discussed in Drafting team and Synchronization team
Part 1
Trafficking in Person
Paragraph 1
Crime of Trafficking in persons
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Article 555
(1) Anyone who recruits, transports, harbors, removes, transfers, or receives a person
by the means of threat of violence, coercion, abduction, confinement, forgery, fraud, abuse
of power or vulnerable position, debt bondage, or giving payment or benefit, although
obtaining approval from a person having control over another person, for the purpose of
exploitation the person, in the territory of the Republic of Indonesia, shall be punished for
minimum 3 years and maximum 15 (fifteen) years imprisonment and fine of a minimum of
category III and maximum category IV.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
(2) If action, as it refers to an article (1), results in exploitation of a person, therefore the
perpetrator will be subjected to the same punishment as it refers to paragraph (1)
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 2
Bringing person into the territory of Indonesia for trafficking
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Article 556
Imprisonment, because of committing a crime of trafficking in persons, with the minimum of
15 (fifteen years) imprisonment and fine at the minimum of Category IV and at the maximum
category VI, every person who brings a person to Indonesia with an intention of:

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Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
a. to be trafficked in the territory of Republic of Indonesia; or
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
b. To be taken out another time from the territory of Indonesia to be trafficked to a territory
of another country.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 3
To remove a person out of Indonesia territory to be trafficked.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Article 557
Anyone who commits a crime of trafficking Indonesia citizen to be taken outside the territory
of the Republic of Indonesia or trafficking Indonesian citizen outside the territory of the
Republic of Indonesia is subjected to the same penalty as it refers to the article 556
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 4
TIP that result in injury or illness
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Article 558
(1) if crime act as it refers to the article 555 to 557 result in victim suffers a serious injury,
contracted a life-threatening illness or loses reproductive functions, the person shall be
imprisonment for a minimum of 3 (three) years and a maximum of 15 (Fifteen) years and fine
for a minimum of category IV and a minimum category VI
Agreed by The Working Committee of the House of Representative on 24 January 2017,
discussed on Drafting Team and Synchronization Team.
(2) If a criminal act as it refers to the article 555 and 557 results in the casualty of the victims,
the person shall be imprisonment for life or a minimum of 5 (five) years and a maximum of
15 (Fifteen) years
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 5
TIP by an organized group
Agreed by the Working Committee of the House of Representative on 24 January

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2017
Article 559
In a case where crime action of TIP is committed by an organized group, therefore each
perpetrator of TIP in the group shall receive the same penalty as the perpetrator as it is
referred in the article 555 added to 1/3 (one third)
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 6
Inducing without gain
Agreed by the Working Committee of the House of Representative on 24 January
2017
Article 560
Anyone who attempts to mobilize other people to commit a crime of trafficking in persons,
and the crime does not occur shall punishable with maximum imprisonment of 6 (six) years
or a fine of category IV
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 7
Intercourse and molestation to the trafficked person
Agreed by the Working Committee of the House of Representative on 24 January
2017
Article 561
Anyone who uses, utilizes and enjoys the benefits of the crime of TIP by means of intercourse
or other obscene acts to the trafficked person, is subject to the same penalty as it refers to
article 555.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team.
Paragraph 8
Document and identity forgery to facilitate TIP
Agreed by the Working Committee of the House of Representative on 24 January
2017
Article 562
Anyone who falsifies or forges state document or other documents, or falsifies or forges an
identity in state documents or other documents to facilitate crime act of trafficking in persons,
shall be punished with imprisonment for a minimum of 2 (three) years and a maximum of 9
(nine) years and fine for a minimum of category III and a maximum fine of category V
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team

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 Paragraph 9
Power abuse to facilitate trafficking in persons
Agreed by the Working Committee of the House of Representative on 24 January
2017
Article 563
Every state official who abuses his/her power to force a person to, not to do, or to allow
something that results in a crime of TIP shall be subjected to a penalty with the same penalty
as it is referred to in the article 555
Agreed by the Working Committee of the House of Representative on 24 January
Paragraph 10
Harboring a person who commits trafficking in persons
Agreed by the Working Committee of the House of Representative on 24 January
Article 564
Anyone who harboring a person who commits a crime of TIP or prosecuted for the criminal
act of trafficking in persons, or anyone who assists to avoid investigation or detention by an
authorized officer or another person under the provision of the law on an ongoing temporary
is assigned to carry out police services shall be punished at maximum of 7 (seven) years of
imprisonment or fine of category IV
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Paragraph 11
Trafficking of persons on the ship
Agreed by The Working Committee of the House of Representative on 24 January
2017.
Article 565
(1) anyone who works or serves as a skipper on a ship or who uses the ship with the knowledge
of skipper or owner of the ship for the use of transaction with intention of making the person
into a trade commodity shall be punished with imprisonment for a minimum of 2 (two) years
or a maximum 9 (nine) years.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
(2) If the criminal act as it is referred to in paragraph (1) results in the death of a person
in a transaction with an intention to make the person a trade commodity, shall be punished
with imprisonment for a minimum of 3 (three) years and a maximum of 15 (fifteen) years.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Article 566
Anyone who works as a crew on a ship, even though it is known that the ship is used for

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the purpose or intention of trafficking in persons, or if the crew is voluntarily on duty after
it is known that the ship is used for a purpose of trafficking in persons, shall be punished
with imprisonment at a minimum of 2 (two) years and maximum of 9 (nine) years or fine for a
minimum of category III and a maximum of category IV.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Paragraph 12
Transporting people to be trafficked using a ship
Agreed by the Working Committee of the House of Representative on 24 January 2017
Article 567
Anyone, at his/her own expense or other person’s expense, directly and indirectly, cooperates
to rent, transport or to insure a ship, even though it is known that the ship is used for a purpose
of trafficking in persons, shall be punished with imprisonment for a minimum of 2 (two) years
and a maximum of 9 (nine) years.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Paragraph 13
Facilitation and Extension
Agreed by the Working Committee of the House of Representative on 24 January 2017
Article 568
Anyone outside the territory of the Republic of Indonesia who provides assistance, facilitation,
infrastructure or information for an occurrence of a criminal act of trafficking in persons, shall
be subject to the same penalty with the perpetrator as it refers in article 555
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Article 569
Anyone who plans, instructs to carry out, try, or assist in committing the crime of trafficking in
persons, shall be subject to the same punishment as a perpetrator as referred to in article 555.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team
Article 570
To be subject to imprisonment for a minimum of 1 (one) year and a maximum of 5 (five) years,
anyone who supplies, or collects funds partially or entirely, for or is known for committing TIP
as it refers in article 555 and article 557.
Agreed by The Working Committee of the House of Representative on 24 January
2017, discussed on Drafting Team and Synchronization Team

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5.1.2 Draft of Government Regulation on the
Guidelines for the Registration of Children’s Cases

The government, in implementing Law Number 11 of 2012 concerning the Criminal

Justice System for Children in a comprehensive manner, has issued Government
Regulation Number 9 of 2017 concerning Guidelines for the Registration of Cases of
Children and Child Victims on March 13, 2017.

T
his regulation regulates the recording of cases of children and victims of
children in the register of cases of children and victims of children in a book
or a specially prepared list. This register is created by institutions that handle
children, including: institutions conducting the investigations, institutions carrying
out the prosecutions, judiciary institutions, Correctional Facilities (Bapas), Special
Development Institutions for Children (LPKA), Temporary Child Placement Institutions
(LPAS), and Social Welfare Organizing Institutions (LPKS).

The Children’s Register is established separately from adult cases. Likewise, the
register of cases of children is made separately from the register of cases of child
victims. The children’s register is conducted electronically and/or non-electronically. In
this regulation it is stated that “The data in the register of cases of children and children
of victims are Confidential.”

5.1.3 Draft of Government Regulation on the

Implementation of Coordination, Monitoring,
Evaluation and Reporting Procedures

The government has an important role in implementing the Juvenile Criminal Justice
System by making various efforts, including through coordination, monitoring,
evaluation and reporting. This later became the basis for the issuance of Government
Regulation Number 8 of 2017 concerning the Implementation of Coordination,
Monitoring, Evaluation and Reporting Procedures on March 6, 2017.

The implementation of coordination as an effort to synchronize policy formulation

for the Juvenile Criminal Justice System, especially related to the following steps:
implementation of prevention, completion of case administration, implementation of
rehabilitation and implementation of social reintegration. The coordination is carried
out by the Minister (who manages matters in the field of child protection) in a cross-

161
sectoral manner with the Supreme Court, the Attorney General’s Office, the Police,
the Ministry that administers government affairs in the field of law and human rights,
the Ministry that administers government affairs in the social sector, the Ministry that
administers the government affairs in the field of education and culture, the Ministry
that administers government affairs in the health sector, the Ministry that administers
government affairs in the field of religion, and the related ministries/institutions.

This regulation also stipulate that The

Minister should report the result
of monitoring and evaluation on
implementation of children court
system to the President once a year.

5.1.4 Draft of Government Regulation on the

Guidelines for the Implementation of Diversion and
Handling of Children under 12 Years Old

Children in conflict with the law receive protection, among others through a diversion
process and a decision-making process for children under 12 (twelve) years of age
who have committed or are suspected of committing a criminal act. This protection is
regulated through Government Regulation Number 65 of 2015 concerning Guidelines
for the Implementation of Diversion and Handling of Children under 12 (Twelve) Years
Old which was issued on August 19, 2015.
Every institution/agency that has investigators, public prosecutors, judges, community
advisors, and professional social workers with competences regarding children, can
immediately implement the provisions in Government Regulation Number 65 of 2015.

5.1.5 Draft of Presidential Regulation on Integrated

Education and Training for Law Enforcers and
Related Parties regarding the Juvenile Criminal
Justice System
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The government issued Presidential Regulation Number 175 of 2014 concerning
Integrated Education and Training for Law Enforcers and Related Parties regarding
the Juvenile Criminal Justice System on December 1, 2014. This Presidential
Regulation aims to level perceptions in the handling of children who face the law
in the Juvenile Criminal Justice System. The integrated training attended by Law
Enforcement Officials is intended to:

1. Increase knowledge about children’s rights, restorative justice, and diversion

in the Juvenile Criminal Justice System.
2. Improve technical competence in handling children in conflict with the law in
the juvenile criminal justice system.
3. The fulfillment of the number of law enforcers and related parties in the
Juvenile Criminal Justice System.

5.1.6 Handling of Victims of TIP and Human

Smuggling in Act Number 6 of 2011 on Immigration

The fourth part of Law Number 6 of 2011 concerning Immigration regulates the
handling of victims of trafficking in persons. Trafficking victims under Article 86 states
that “Administrative Action Provisions are not applied to victims of TIP ...” Trafficking
victims residing in Indonesian territory are placed in Immigration Detention Centers or
other designated places. Victims based on the provisions of this Law receive special
treatment that is different from Detention in general.

The minister or the appointed immigration official strive for foreign trafficking victims
who are foreign nationals to be immediately returned to their country of origin and
given a travel document if they do not have one. Immigration laws and regulations also
regulate provisions regarding preventive and repressive measures in order to prevent
the crime of trafficking in persons.

5.1.7 Ratification of ASEAN Convention on TIP,

Especially Women and Children (ACTIP)

Indonesia ratified the ASEAN Convention on Trafficking in Person, Especially Women

and Children (ACTIP)24 through Law Number 12 of 2017 concerning the Ratification
of ASEAN Convention Against Trafficking in Person, Especially Women and Children

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(ASEAN Convention Against Trafficking In Persons, Especially Women and Children)
(State Gazette of the Republic of Indonesia of 2017 Number 230, Supplement to the
State Gazette of the Republic of Indonesia Number 6135) issued on 10 November
2017.

The advantages of ACTIP are:

1. ACTIP is the result of a joint compromise that has succeeded in accommodating
the interests of different ASEAN Member States.
2. The UN Protocol on TIP is used as the minimum threshold for the preparation
of ACTIP, so that in the end, ACTIP is beyond the protocol.

Added Value/Special Advantages of ACTIP:

1. Protection and assistance for victims is carried out by upholding human
rights, which is carried out on the basis of the principle of non-discrimination.
This means that regardless of ethnic background, religion, and race. This is
regulated in Article 1 paragraph (2) of ACTIP.
2. Provisions for protection and assistance for victims of TIP in ACTIP also
introduce the concept of support and care. This concept can be clearly seen in
Article 14 paragraph (14) ACTIP, which in principle emphasizes the obligation
of state parties that protection must be comprehensive and not limited to
formal legalism alone.

With the ratification of ACTIP, Indonesia does not need to form a new institution
because Indonesia already has a Task Force for the Handling of the Crime of Trafficking
in Persons. The ratification of this Convention is expected to increase the effectiveness
of the prevention and eradication of the criminal act of trafficking in persons, especially
women and children and to provide protection and assistance to victims of the crime of
trafficking in persons, especially women and children.

The objectives of this Convention are:

1. to prevent and combat the criminal act of trafficking in persons, especially

24
Before and after the ratification of ASEAN Convention on Trafficking in Person, Especially Women
and Children, the Ministry of Foreign Affairs has participated in a series of activities, including attending
the Regional Workshop on Effective Investigation and Prosecution of Trafficking in Persons for Labour
Exploitation which referred to ACTI, in 2017. Furthermore, in 2019, the Philippines as Voluntary Lead
Shepherd ASEAN SOMTC for Trafficking in Persons (TIP) issues, has submitted a concept paper on the
formation of a National Focal Point for ACTIP, which will monitor the cross-sectoral implementation of
ACTIP at the national level. It should also be noted that Indonesia has become a proponent and initiator
of the formation of ACTIP in ASEAN.

164
 against women and children, and to ensure fair and effective punishment for
traffickers in persons;
2. to protect and assist victims of trafficking in persons, based on respect for
human rights; and
3. to promote cooperation between States Parties to meet these objectives.

This convention applies to the prevention, investigation and prosecution of transnational

TIP. This also applies to those carried out by organized criminal groups, as well as
protection and assistance for TIP victims. In addition, this convention regulates,
including:

1. Criminal Act – contains provisions on the criminal act of TIP and others
related to, namely participation in organized criminal groups, laundering of
the proceeds of TIP, corruption and interference with the judicial proceedings.
2. Prevention – contains provisions on the prevention of TIP, areas of cooperation,
cross-border cooperation, supervision, and document validity.
3. Protection - contains provisions on the protection of TIP victims, repatriation,
and return.
4. Law Enforcement - contains provisions on law enforcement and prosecution,
as well as its actions, namely confiscation and seizure.
5. International Cooperation – contains provisions on assistance in criminal
matters, extradition, international cooperation for the purpose of confiscation
of crimes or property.

The Legal Norms Development Sub Task Force has accomplished maximum
achievements in completing all activities to reach the targets set out in the ATTF
2015-2019 National Action Plan. Even so, this effort was not automatically realized.
Nevertheless, there were obstacles at the level of implementation of the resulting
laws and regulations, including the low adaptability of the Law Enforcement
Officers in implementing the norms regulated in each regulation related to TIP, slow
implementation of training institutions to insert the latest regulation material into the
learning curriculum, and finally not maximal review of the implementation of laws and
regulations related to TIP in the field with the development of TIP cases, especially in
relation to the need of improving the content of articles or revoking a regulation.

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5.2 Challenges and Problems

Achievements in developing the legal norms concerning the eradication of TIP still face
challenges and problems, including:
1. The low adaptive capacity of legal officers in implementing the new norms of
the regulation published in 2017.
2. The slow pace of adjusting education and training institutions in accommodating
the norms, structures, procedures and criteria of the latest regulations into the
education and training curriculum for the Law Enforcement Officers, program
planners, program implementers, and auditors.
3. There is no periodic and sustainable review of the regulations related to TIP.
4. The ratification process in Indonesia is similar with that of making new laws.
However, compared to other convention ratification processes, the time
needed to process ACTIP ratification is fairly normal. The long process at
the national level causing Indonesia becoming the last the countries to ratify
ACTIP, even though it was the country that initiated ACTIP.

5.3 Recommendation

Recommendations for developing the legal norms for TIP are:

1. Advocacy to leaders of law enforcement agencies to adapt and implement
new norms contained in the regulations on TIP.
2. Include material on TIP regulation into the education and training curriculum.
3. Conduct periodic and continuous reviews to ensure harmonization between
TIP regulations.
4. Ratify ILO convention 189 concerning Decent Work for Domestic Workers
(PRT).
5. Prepare technical/implementation instructions and other implementing
rules for the implementation of Law Number 21 of 2007, such as the AGO’s
Technical Instructions on Confiscation of Assets for Restitution and Supreme
Court Regulations on Restitution after TIP cases have permanent legal force.
6. Enhance cooperation between ministries, agencies and the legislature to
accelerate the process of ratification of important international conventions.

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coordination
and
cooperation
167
CHAPTER 6

Ministry of labor has the role of

coordinator in the sub-task force
of coordination and cooperation,
with the support from Coordinating
Ministry of Finance, Ministry of
Home affairs, Ministry of Women
Empowerment, Ministry of social
affairs, Police, BNP2TKI, Ministry of
Human Rights and Law, Supreme
Court, and Ministry of health.

168
The aim is to establish collaboration and
coordination between stake-holders at
national level.

1. Number of MoUs between regional governments at provincial

level through the signing of MoUs with governments of the
regions of origin, transit and destination.
2. Number of cooperation between Ministries/Agencies through
the signing of MoUs between Ministries/Agencies.
3. Number of bilateral, regional, and multilateral meetings that
the Government of Indonesia has attended, negotiated in, and
the bilateral, regional and multilateral forums where the GOI
has an active role.
4. Number of initiatives in preparing and negotiating international
agreements through negotiation activities and playing an active
role in initiating bilateral, regional and multilateral agreements
concerning protection of victim and handling of cases of TIP
Crime.

169
6.1 Government

6.1.1 Achievements

The implementation of coordination and cooperation in handling TIP Crime between

ministries and agencies, involving the Ministry of Labor together with the Attorney
General’s Office, Ministry of Law and Human Rights, Ministry of Religion, Ministry
of Foreign Affairs, BNP2TKI, and Police to increase cooperation in preventing the
placement of non-procedural Migrant worker, while preventing the occurrence of TIP
Crime. In addition, the Ministry of Labor, together with 9 (nine) members from the
Office of Labor, Immigration, Social Services, Health Services, Population Services,
Transportation Services, Police and BP3TKI in 21 Embarkation/Disembarkation
Locations at the provincial, district and city levels have collaborated with the Tahir
Foundation, through a pilot project, to increase the competence of Indonesian
Migrant Workers Candidates and prevent the departure of 12,757 Non-Procedural
IMW Candidates in 21 locations for embarkation and debarkation, conducted by the
Ministry of Labor and the Non Procedural IMW Prevention Task Force. The Ministry
of Labor has also collaborated with the International Labor Organization, through the
ILO Safe and Fair program. The program is a program of “Mapping of Services and
Needs Assessment for the Development of a Model Migrant Resource Center (MRC) for
Improving the Protection of the Rights of Women Migrant Workers and Their Families
in their Home Regions (3 regions: Tulungagung, Cirebon, and East Lampung)“.

T
ogether with IOM, throughout 2015-2019, the Ministry of Women Empowerment
facilitated the development and or reactivation of ATTF in 13 Districts/Cities
namely the districts of Sukabumi (2015), Cianjur (2015), Batam City (2016), the
districts of Kupang ( 2017), Sikka (2017), North Central Timor (2018), Manggarai (2018),
Ende (2019), East Nusa Tenggara Province (2019), the districts of Nunukan (2019),
Kapuas Hulu (2019), Sambas (2019) and Sanggau (2019). In addition, the Ministry of
Women Empowerment together with IOM also provided assistance in the preparation
of the Sub-National Action Plans for the Prevention and Eradication of TIP Crime in the
13 areas mentioned above.

Furthermore, the Ministry of Women Empowerment and Child Protection together with
IOM have also compiled various technical guidelines to support the work of the TIP
Crime task force, including, among others:

1. Technical Guidelines for Data Collection and Data Reporting on TIP -

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 containing guidelines for data collection procedures for cross-agency
cases of TIP , accompanied with explanations of indicators of cases of
TIP, procedures for filling out forms and data collection mechanisms
by the assistants to regional level of ATTF, as well as data clearing
mechanisms from regions to ATTF at Provincial and National levels.
2. Guidelines for the Service Mechanism of Witnesses and/or Victims
of the Crime of TIP in Indonesia - containing guidelines for witness/or
victim service procedures for victim assistants, including procedures
for accessing services provided by the government.
3. Technical Instructions for the Task Force for the Prevention and Handling
of the Crime of TIP - containing guidelines for the establishment of a
TIP Crime task force at the district/city level as well as information on
how to activate the TIP Crime task force and documents and or policies
at the regional level needed to support the effective operation of the
Task Force.

The Criminal Investigation Agency of the Indonesian National Police (CID-INP)

has conducted negotiations and played an active role in bilateral, regional and
multilateral cooperation forums, including the Bali Process, AAPTIP, Senior
Officials Meeting on Transnational Crime (SOMTC) - ASEAN, ASEAN National
Police (ASEANAPOL), and The Heads of Specialist Anti-Trafficking Units (HSU).

PT Grab Teknologi Indonesia (Grab Indonesia) has been at the forefront of

initiatives in eradication TIP, especially in terms of prevention, in collaboration
with KPAI, LPSK, and in intensive coordination with the Ministry of Women
Empowerment as the Executive Director of the ATTF. This was carried out
through both online training for hundreds of thousands of driver partners
managed by Grab Academy, as well as socialization of TIP Crime prevention
through the application to millions of application users.

In 2019, two Grab driver-partners received awards from LPSK for

their significant participation in making a social impact on society,
especially in helping to handle cases of TIP Crime, especially those
that threatened women and children.
It is hoped that this Grab initiative will become a good role model
for the private sector in Indonesia to encourage the others to play
an active role and engage actively in the movement to prevent and
eradicate TIP Crime.

171
The Coordinating Minister for Human Development and Culture as Chair of the ATTF
through the Assistant Deputy for the Fulfillment of Women’s Rights and Protection
coordinated the strengthening of the TIP Crime prevention and handling system.

Some notes to be underlined, among others:

1. In 2015, a change was made to the Chairperson of the Coordination and

Cooperation Sub-Task Force, from the Deputy for Women Empowerment at
the Coordinating Ministry for People’s Welfare to the Director General for Labor
Placement at the Ministry of Labor. This was the result of the discussion at
the Ministerial Coordination Meeting, which was chaired by the Coordinating
Minister for Human development and culture as Director of ATTF
2. Discussion on Strategies and Innovations in Prevention and Handling of
the Crime of TIP 2015-2019 and the Best Experiences That Have Been
Implemented, August 23rd-25th 2015. The discussion came up with the
following recommendations:
a. The need for a strategy that involves stakeholders at national and regional
levels;
b. Encourage the inclusion of TIP Crime issues into regional policy and
planning framework, in the Mid-term Development Plan and in the
Strategic Planning of the SKPD;
c. Encourage agencies to involved, by revitalizing the functions of the
Task Force for Prevention and Handling of TIP Crime, as well as service
institutions/units (PPT, P2TP2A, RPTC, RPSA, etc.) in the regions;
d. Optimize law enforcement efforts that are oriented towards fulfilling the
rights of victims in addition to the legal process;
e. Strengthen monitoring and evaluation of the implementation of task force
tasks and best practices in the prevention and handling of TIP for the
executive and legislature bodies in order to make better policies, plans or
decisions in the eradication of TIP.
3. National Action Plan for the Eradication of TIP (RAN TPPO).
a. Evaluate the Implementation of the 2008-2014 RAN TPPO and 2015-
2019 RAN TPPO RAN, November 14th and December 7th 2018.
b. Initiate and set up the RAN TPPO 2015-2019 and RAN TPPO 2020-2024.
c. Issue the Coordinating Minister for Human Development and Culture
Regulation Number 2 of 2016 concerning the 2015-2019 National Action
Plan for the Eradication of TIP
d. Initiate the 2020-2024 RAN TPPO, on November 4th, 29th 2019, December

172
 13th 2019.
4. Initiation and process of the Revision of Presidential Regulation Number 69
of 2008 and the Perkaha on the ATTF (August 10th, September 6th, October
31st 2018).
5. Revitalization of the Task Force for the Prevention and Handling of the Crime
of Trafficking in Person at the National Level on July 13th 2019.
6. Initiation of the preparation of the ATTF Report for 2018, March 12th 2019.
7. Discussion of the MoU between the Government of the Republic of Indonesia
and the Government of Brunei Darussalam on the Protection of Indonesian
Migrant Workers from TIP, November 5th 2018.
8. Protection of Troubled IMWs (PMI) who are sent home due to various problems,
including issues of overstay, amnesty, illness, independent PMI, unilateral
layoffs, ship crews, IMW children, unpaid wages, incomplete documents,
problem employers, abuse, pregnant IMW, illegal IMW Candidates, working
not in accordance with the work agreement, IMW bringing children, inability
to work, broken communication, employers died, and Troubled IMW with
indications of or are victims of TIP Crime. The target for Troubled IMW
repatriation in accordance with the Coordinating Minister for Human
development and culture Number 6 of 2016 is 50,000 PMIB per year. The
repatriation of Troubled IMW, which is coordinated by the Coordinating
Ministry for Human Development and Cultuere, is focused on Malaysia and
Saudi Arabia.
a. Handling of IMW as Victims of TIP Crime, July 10th 2019. The meeting
resulted with a recommendation in the need to synchronize vision and
perception of Law enforcement personnelin handling TIP Crime cases.
Protection of IMW must begin with the process of prevention, prosecution
of perpetrators, rehabilitation and reintegration. LPSK and INTRAC are
expected to be included in the ATTF.
b. Discussions on the Handling of Reporting on TIP Cases from the Human
Trafficking Watch-HTW, October 18th 2019.
c. Coordination of follow up of several cases of repatriation of PMI-B
and allegations of TIP Case from the Lawyer Office of Roviva Makmur
Panggabean, S.H. & Patners, NGO Partners with the City of Langsa, Aceh,
and the Human Trafficking Watch, 2019.
9. Meeting with the Office of the Staff of the President of the Republic of Indonesia
(KSP) regarding budget allocation for ATTF in Jakarta, February 26th 2018.
10. Institutional strengthening of the Task Force for TIP Crime.
a. Discussion at Echelon 1 Level and Person in Charge of the ATTF, February

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 1st 2017.
b. Evaluation Meeting of the Implementation of the ATTF
c. Strengthening the System for Handling Violence against Women with a
focus on efforts in preventing and handling of TIP Crime with the South
Bangka DPRD on April 26th 2018, which came up with a recommendation
that it is necessary to improve the performance of the Regional Government
and related agencies to solve problems.
d. Discussion on the Alignment of Law Enforcement Data, June 13th and
June 30th 2017.
e. Discussion on the Development of Legal Norms for the ATTF, September
15th and 26th 2017.
f. Coordination Meeting of the ATTF, Prevention Sub-Task Force, August
31st 2017.
g. Meeting with IOM to discuss TIP, November 6th 2017.
h. Revitalization of the ATTF at National Level, July 13th 2019.
11. Strengthening the ATTF system by monitoring and evaluating regions that
included West Java (Sukabumi, March 30th 2017; Bekasi, December 20th-
21st 2017, February 22nd 2019; Indramayu, April 2018); Bogor, 2018;
Cirebon, July 25th 2019 ), Banten (South Tangerang, June 20th 2017;
Tangerang, November 2018), Riau Islands (Batam, April 12th , May 2nd-3rd,
December 11th-12th 2017, April 12th 2019), Riau (Pekanbaru, March/April
2018), North Sumatra (Medan, April 21st 2017), South Sumatra (Palembang,
June 7th 2017), West Sumatra (Padang, March 26th 2019), Bangka Belitung
(South Bangka, April 2018), Lampung (Bandar Lampung, June 2018), Bali
(November 2018), Yogyakarta (July 19th 2017), East Nusa Tenggara (Kupang,
February 24th 2017 and October 15th-16th 2019), West Nusa Tenggara
(Lombok, March 2nd-4th 2017; East Lombok, July 2018), East Kalimantan
(Balikpapan, May 29th 2017), West Borneo (Pontianak, April 2018), South
Borneo (Banjarmasin, August 2018), Central Borneo (Palangkaraya, October
2018), North Sulawesi (Manado, July 9th 2017), Central Sulawesi (Palu, May
2018). Several things that can be noted from monitoring and evaluation are
among others:

a. Handling of TIP cases in the regions is still constrained by problems of

coordination and cooperation between related parties.
b. Vertical coordination of the ATTF Sub-Task Force, especially at the
provincial and district/city levels that are vulnerable to TIP Crime has not
yet been functioning;

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 c. Frequent changes/rotation of officials in the regions, leading to difficulties
in coordination;
d. Lack of commitment, understanding, and support of the stakeholders in
the regions.

12. Meeting with foreign delegates/bilateral/regional forum, for instance:

a. Meeting with the Vietnamese delegation in Jakarta on January 23rd, 2018,
in order to exchange information and experiences in efforts to prevent and
handle TIP in each country.
b. Meeting with the United Arab Emirates (PEA) National Team for the
Eradication of TIP and a delegation chaired by Ahmed Abdul Rahman
Aljerman on October 29th , 2019. The meeting discussed issues of TIP
between the two countries, especially with regard to Indonesian migrant
workers, and other matters. Cooperation can be built within the framework
of eradicating trafficking in persons.
c. The second meeting of the Joint Committee of the Republic of Indonesia
(RI)-United Arab Emirates (PEA), October 29th-30th 2019. This activity
is a follow-up to the RI and PEA bilateral MoU on Combating TIP and
Protection of Victims of the Crime of Trafficking in Persons, which was
signed in 2015.
d. Actively involved in The Bali Process with regard to TIP, the ILO SEA
Fisheries Project (Sea Fisheries: Strengthened Coordination to Combat
Labor Exploitation and Trafficking in Fisheries in Southeast Asia) 2017-
2020, and as a part of National Team for fishing ship crew, in 2019 period.

MoWECP as daily director and central secretariate of ATTF conduct activities annually
from 2015 to 2019 as follows:

a. National coordination meeting of the ATTF with the present of national level
task force and provincial and sub-provincial force. The meeting was held in
Palangka Raya in 2018 and in Kupang in 2019.
b. National ATTF organized series of meeting to revise Presidential regulation
number 69 year 2008 and Perkaha Number 64 year 2016 from August 2018
to December 2019.
c. Special coordination meeting in TIP case meeting
d. Annual work report and five years’ work report preparations of National level
ATTF
e. Develop the design of integrated data cases system between ministry and

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 institutions, from central to regional through Simfoni PPA, to produce one
data TIP and TIP victim service monitoring management system.
f. Delivering technical guidance to provincial and sub provincial ATTF n Banten,
Jakarta, West Java, East Java, Aceh, Riau, Kepri, Bengkulu, West Sumatera,
Jambi, Lampung, North Sulawesi, South Sulawesi, NTB, NTT, and North
Maluku.

In coordinating TIP case, MoWECP:

1. Together with Foreign ministry, social ministry, CID-INP, sub-national Child

Protection office and IOM conducted three meeting to discuss with minister
of foreign affairs, social ministry, CID-INP, Women Empowerment and child
protection TIP office about case in China in August and September 2018.
2. Coordination with RPTC Bambu Apus in handling TIP case with 32 korban in
September 2018.
3 Facilitated PPPA office and KPI Makassar to coordinate with local police to
handle allegation of TIP case in Palu in Desember 2018.
4. Coordination with BNP2TKI in conducting sudden inspection to Migrant
women worker company shelter in east Jakarta. 50 people were found and
prevented from being sent abroad without proper procedures.
5. Coordination with KPAI, Jakarta Provincial government, and Kalibata City
apartment management to handle sexual exploitation child victim of TIP in
Kalibata City apartment, South Jakarta.
6. Coordination with RPSW Wanita Karya Binaan Kementerian Sosial women
organization fostered by Social Ministry and DPPPA West Java Province and
DPPPA Bekasi district in handling Bali TIP case in Januari 2019.

Sub Task Force of Collaboration and coordination in conducting 2015-2019 National

Action Plan of ATTF-2019 had maximum effort even though it is not yet optimal in
some area such as in the objective to create collaboration and coordination between
stakeholders in national level, with indication of 5 MoU between regional government in
provincial level per year and the lack of collaboration report of 1 MOU per year between
ministries and institution.

6.1.2 Challenge and Problem

Coordination and collaboration of ATTF face some challenges and problems as follows:

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 1. The implementation of MOU between government of regions of origin,
transit and destination experienced lack of progress with low coordination,
commitment and budget.
2. Nomenclature change in some ministries and institution, TIP limited budget
and some were not available, and limited human resource to handle TIP or
they were shift to other division.

6.1.3 Recomendation

ATTF anticipated challenge and problem in coordination and collabotration with

following action:

1. Every sub task force prepares short report with attachment on achievement of
activities, challenge, problem and follow up plan.
2. Create small team to prepare annual report of ATTF by Ministry of Women
empowerment and child protection.
3. Prepare activities programs of National Action Plan ATTF and propose
budgets
4. Review daily chairman regulation Number 64 year 2016 on the membership of
Sub Task Force of ATTF

6.2 Regional Government

6.2.1 Achievement

Ministry of Home affairs supported ATTF as follows:

1. Regulation:

a. The Decree of Ministry home affairs number 86 year 2017 on Procedures for
Planning, Control and Evaluation of Sub-national Development, Evaluation
Procedures for Draft Sub-National Regulations concerning Long-Term
Regional Development Plans and Regional Medium-Term Development
Plans, as well as Procedures for Amendments to Sub-National Long-Term
Amendment Plans, Regional Medium-Term Development Plans, and Sub-
national government work Plans.
b. The regulation of ministry home affair number 8 year 2018 on second revision

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 of regulation of ministry home affairs number 43 year 2015 on organisation and
working procedurs in ministry of home affairs
c. Decree of ministry home affairs number 70 year 2019 on regional development
information system.
d. The regulation of Ministry home affairs number 33 year 2019 on Guidelines for
Preparation of the Regional Budget for the 2020 Fiscal Year
e. The regulation of minister of home affairs number 61 year 2019 on planning,
monitoring and governance of regional government in 2020.
f. The regulation of Ministry home affairs number 33 year 2019 on Guidelines for
Preparation of the Regional Budget for the 2020 Fiscal Year
g. The regulation of Ministry home affairs number 31 year 2019 on Guidelines of
preparation Regional government working plan (RKPD) in 2020.
h. The regulation of Ministry home affairs number 90 year 2019 on classification,
codefication, and nomenclature of regional development plan and fiscal.

2. Facilitation:

a. Minister of home affairs instruction number 183/373/SJ on Anti TIP February

5th 2016.
b. Minister of home affairs radiogram number 460/025/Bangda on the
implementation of Anti TIP January 5th 2017.
c. 18 from 32 provinces that have ATTF delivered reports : North Sumatera, West
Sumatera, Riau, Riau islands, Jambi, south Sumatera, DKI Jakarta, West Jawa,
Banten, East Java, Bali, South Kalimantan, central Kalimantan, South Sulawesi,
Central Sulawesi, South east Sulawesi, North Sulawesi,West Nusa Tenggara.

6.2.2 Challenges and Problems

Challenges and problems in the implementation of Anti TIP law are:

1. Internal
a. There is lack of monitoring and evaluation on the implementation of ATTF in
the regions due to TIP special budget was not allocated yet.
b. Limited data and information concerning TIP

2. External
a. There is lack of Coordination in central and regional level

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 b. The low commitment of regional government concerning budgeting on
ATTF
c. The low concern of public on their environtment especially related to TIP.
d. Some ATTF in provincial level have not delivered report as mandated in the
Minister home affairs instruction number 183/373/SJ on ATTF to ministry
of home affairs through Diretor general of regional development
e. Central data on TIP has not yet integrated between task force members

6.2.3 Recomendation

Ministry of home affairs recomends these steps to overcome challenges and problems
of coordination of ATTF in provincial level:

1. Periodic evaluation on the implementation of regional task force

2. Encourage task force formation in the provinces of Papua and West Papua
3. Strengthen ATTF in provincial level
4. Encourage ATTF in provincial level to strengthen GT ATTF in district/city level
5. Optimize risk based monitoring and evaluation on ATTF in sub-national level
6. Suggest the creation of integrated central data on TIP

6.3 International Collaboration

6.3.1 Multilateral

1. Indonesian role in the collaboration forum : The Bali Process on People

Smuggling, Trafficking in Persons and Related Transnational Crime (Bali
Process)

The Bali Process on People Smuggling, Trafficking in Persons and Related

Transnational Crime (Bali Process) is a regional forum with objective to
overcome TIP and people smuggling. This forum was founded in 2002 by
Indonesia and Australia, that become co-chairman, Today, Bali Process already
has 49 members, that are 42 countries and 3 economic entity (New Caledonia,
Hong Kong SAR, Macau SAR), and 4 international organizations (UNHCR, IOM,
UNODC, and ILO).

Highest decision making mechanism of Bali Process is Bali Process Ministerial

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 Conference – BPMC. Two BPMC were organized in the period of 2015-2019;
the sixth BPMC in 2016 and seventh BPMC in 2018.

In 2016, the ministers issued Bali Declaration with recommendations and

practical steps to overcome non-regular migration including trafficking
in person. This declaration showed strengthen commitment between Bali
Process members to increase the efforts to handle non-regular migration in
the regions with balance approach between law enforcement and humanity.
Declaration emphasize victim protection. One of significant element in the
declaration is the agreement of Bali Process members to involve private
sectors in the trafficking in person eradication through job creation and
procedural recruitment process.

In 2018, the ministers issued another Ministerial Declaration to afirm the

efforts to overcome non-regular migration issues in the regions, as it had
been stated in 2016.

The role of Regional Support Office (RSO) Bali Process

To organize various activities, Bali Process founded Regional Support Office

(RSO) in 2012. RSO is located Bangkok, Thailand, and it has objective to be
focal point coordination, capacity development, and best practice in handling
people smuggling trafficking in person and other transnational crimes. During
2015-2019, RSO had various activities such as:
a. The collaboration with CIFAL-Jeju (South Korea) to organize training to
government and NGO in Asia Pacific to increase identification, assistance
and trafficked victims with victim based approach.
b. Drafting and translation of various policy guide, such as: Bali Process Policy
Guides on Identification and Protection of Victims of Trafficking and Bali
Process Policy Guides on Following the Money in Trafficking in Persons
Cases.
c. Regional Roadmap launching as online platform to overcome TIP
d. In September 2019, RSO worked together with JCLEC to start new
initiatives. It is special training to build capacities of women officials in the
frontiers. It involved 31 law enforcers, diplomats, and trainer from Australia,
Philipines, Indonesia, Great Britain, Cambodia, Myanmar, RRT, Thailand,
Turkey, Vietnam, and Interpol.

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RSO had total 60 activities since 2015, with 1049 participants from 43 countries. They
came from goverments, people group, international organisation and civil society.

Mechanism under Bali Process concerning ATTF

Bali Process has working group mechanism in operational/technical level to handle

trafficking in person issues :

a. Bali Process Working Group on Trafficking in Persons

Bali Proces has Working Group on Trafficking in Persons (WG TIP), with co-
chairman of Indonesia and Australia. WG TIP was first time founded in Ad Hoc
Group Senior Officials Meeting in Canberra, Australia on August 6th 2014.

WG TIP works based on biennial Forward Work Plan; there had been two period
: 2015-2017 and 2017-2019. At the moment WG TIP is finishing Forward Work
Plan 2017-2019 and they will draft Forward Plan 2020-2022.

There were some important achievement of Bali Process WG TIP since 2015
such as creation of some policy guides; Policy Guide on Criminalizing Trafficking
in Persons, Policy Guide on Identifying and Protecting Victims of Trafficking in
Persons, and Policy Guide on Following the Money on Trafficking in Persons
Cases. One of the expert in drafting team and co-chairman on Drafting
Committee Policy Guide on Following the Money in Trafficking in Persons
Cases was M. Yusfidli from recovery asset center from attorney general office.

The fifth meeting of WG TIM was organized in Jakarta, Indonesia in June

18th -20th 2019. The meeting discussed development of implementation
of Forward Work Plan 2017-2019 and other priorities in the future. The
underlined achievement is “Bali Process Policy Guide on Following the
Money on Trafficking in Persons Cases” that become reference in various
international forum including UN general assembly and Human right council
in the session of “Business and Human Rights.” One of the result of meeting
is the plan to draft”Compendium of Good Practice Examples on Supply Chain
Transparency.”

b. Bali Process Government and Business Forum (BPGBF)

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 Following global development, Bali Process consider the importance of
various stakeholders such as private sector and civil society in handling TIP
and people smuggling. It was confirmed in The Bali Process Declaration on
People Smuggling, Trafficking in Persons and Related Transnational Crime
(Bali Declaration) as outcome document from 6th BPMC in 2016.

In line with that document, in 2017, Bali Process had initiative of collaboration
between government and private sector in Bali Process Government and
Business Forum (GABF). This Initiative was the first forum in the regions
where government meet private sector to increase efforts on prevetion and
eradication of trafficking in persons, including forced work and modern
slavery, through the line of supply and value chain in private sectors. It also
confirmed the needed assistance in migration process. Migrant workers can
get enough assistances and assure ethical recruitment and proper work.

In the BPGBF second meeting, ¬back-to-back with The Seventh Bali

Ministerial Conference on People Smuggling, Trafficking in Persons and
Related Transnational Crime (BRMC VII) in Bali 2018, produced AAA
Recommendation that was adopted by Ministerial Conference. This document
contain recommendations from privates sector on collaboration suggestion
of government and privates sector to eradicate TIP and conduct transparence
supply chain.

c. Technical Experts Group on Returns and Reintegration (TEGRR)

Technical Experts Group on Returns and Integration is part of Bali Process

mechanism with focus work on capacity building and best practice exchange
of Bali Process members concerning returns and reintegration of non-regular
migrants, as refugee or trafficked victim, or refugee who ask for voluntary
returns.

First meeting of Roundtable on Return and Reintegration was held in

Manila, Philippines on1-2 December 2015. This meeting discussed each
countries experience in handling return and reintegration as well as exploring
collaboration possibilities between countries and international organization.

The second TEGRR meeting was held in Manila, Philippines in 23-24 April
2018 to discuss challenges and opportunity in return and reintegration
management in the regions.

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d. Global Compact For Safe, Orderly and Regular Migration

Global Compact for Safe, Orderly and Regular Migration (GCM) is the first
document on international migration that was negotiated between government
under United Nations and passed in general assembly in December 19th
2018. Indonesia considers GCM as multilateralism commitment to encourage
migrant human rights protection. As a commitment to support GCM, Indonesia
took the role as one of vice president in Intergovernmental Conference in
Maroco in 10 – 11 December 2018.

GCM has long term and balance vision that can be used as reference for various
countries, as country of origin, country of destination, or transit country. This
document can also be used to achieve sustainable development goals 2030.

In the process of GCM negotiation, Indonesia was putting forward strengthen

migrant protection including to fight against TIP and people smuggling. In
this context, Indonesia proposed some discourse on exchange information,
frontiers management, strengthen participation of privates sectors and
increasing involvement of civil society. As achievement, some Indonesian
suggestion were accepted as stated in GCM objectives concerning effort to
overcome TIP. Furthermore, Indonesia also encourages some best practice
from Bali Process to be adopted in GCM including private sectors role to
implement ethical recruitment to reduce utilization of undocumented migrant
workers.

e. Global Forum on Migration and Development

Even with the current GCM, Indonesia has a vision that Global Forum on
Migration and Development (GFMD) is still relevance as migration issue
discussion in global level. The character of “non-binding” from the meeting
is a useful added value in creating effective discussion for all stakeholders
from various countries. GFMD give opportunity to all government and non-
government sector to sit together and find solution concerning international
migration issues.

The 11th GFMD meeting in 2018 had a theme of Honoring International

Commitments to Unlock the Potential of All Migrants for Development. 135
UN member countries were presents with 45 international organization, civil

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 society, private sectors, academician, and other stakeholders. Principally, the
meeting agreed on the significant meaning of state responsibility in optimizing
migrant potential development, encourage integration process and social
inclusion.

f. Financial Action Task Force

Plenary session of Financial Action Task Force (FATF) in July 2017 decided
that Risks, Trends and Methods Group (RTMG) will handle one of project to
identify financial flow in TIP crimes, to realize guidance for state to eradicate
trafficking in person crime through financial aspect and crime asset. Therefore
state need to be involve as initiator.

USA FIU (FinCEN), Canada FIU (FINTRAC) and FIU Indonesia (INTRAC)
worked together as co-lead in the project of Risks, Trends, and Methods Group
Project on Money Laundering Risks Arising from Trafficking in Human Beings
under Financial Action Task Force (FATF) forum that produce guidance for
member of states to identify financial flow from trafficking in persons (FATF/
APG Report on Financial Flow from Human Trafficking). It was published in
July 2018 in the following plenary session.

This latest report of FATF and APG had objective to increase awareness on
financial information types that can identify TIP for sexual exploitation or
forced work and to increase awareness on the potential on the interest from
organ trafficking. This report also highlight potential relation between human
trafficking and terrorist funding.

Since trafficking can happen in any country, it is important for countries to

assess the risk of trafficking and money laundering from these crimes. The
information must be shared to stakeholders and ensure its understanding.
States must develop partnership between public sector, privates sector,
civil society and nonprofit communities, especially private sector as financial
institution in the frontline.

Nonprofit organization also plays important role in eradication of trafficking

and its financial flows. Besides supporting victims of the crime, they can also
ensure the important information on who get the profit from trafficking, reach
financial institution and authorities because victims often are scared to face

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 authorities by themselves.

Initiative and inovation in national and regional level had shown how anti money
laundering action and terorism funding prevention with its implementation can
contribute to stop these crimes. However, globally, there is not enough focus
to use financial information to detect, disturb and dismantle human trafficking
networks. This report gives good practice to help countries to develop steps to
overcome money laundering and terrorism funding from trafficking including
the red flag indicator to identify the perpetrator who were laundering the result
of this vicious crime.

Indonesia as one of co-lead in this project fully support active projects in the
FATF program in order to be full member of FATF, which now has observer
status in the forum.

6.3.2 Regional

Background

As cross border crime issue, trafficking in person in ASEAN is discussed through

mechanism of ASEAN Ministerial Meeting on Transnational Crime/Senior Official
Meeting on Transnational Crime (AMMTC/SOMTC). Trafficking in person crime issue
become also new priority area in collaboration of ASEAN Regional Forum (ARF) under
Counter-Terrorism and Transnational Crime (CTTC). Besides these two mechanism,
there is ASEAN Intergovernmental Commission on Human Rights (AICHR) that
encourage coordination among organ and ASEAN sectorial body in trafficking in
person issue.

The collaboration is stated in the blue print of Politic-security community ASEAN 2025,
especially in action B.3.4 Enhance cooperation against trafficking in persons and
people smuggling, including (B.3.4.iv) Enhance cooperation to combat trafficking in
persons and people smuggling with Dialogue Partners and other external parties.
In May 2011, ASEAN leaders gave mandates to found ASEAN Convention on Trafficking
in Person (ACTIP) through ASEAN Leader’ Joint Statement in Enhancing Cooperation
against Trafficking in Persons in Southeast Asia (Jakarta, May 2011) and reconfirm
again in Joint Statement of 8th AMMTC (Bali, Oktober 2011). This mandate was
implemented in the frame of AMMTC-SOMTC through ACTIP preparation that was

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validated in November 22nd 2015 and effectuated in March 8th 2017. ASEAN Regional
Plan of Action Against Trafficking in Persons Especially Women and Children (APA) is
founded to run ACTIP, with specific steps guidance and relevant international obligation
to handle regional challenges in ASEAN country members to handle trafficking in
person crimes.

Under AMMTC/SOMTC frame

Under AMMTC/SOMTC framework, there are two special mechanism for TIP, namely
terdapat SOMTC Working Group on Trafficking in Persons (WG on TIP) and Meeting
of Heads of Specialist Units (HSU) on TIP

Some collaboration priorities under SOMTC WG on TIP, are:

a. Creating of ASEAN legal instrument to eradicate TIP in the regions
b. Strengthening cross borders collaboration in handling TIP
c. Strengthening capacity of law enforcer in criminal justice response on TIP.
d. Research concerning modus operandi
e. Data and information exchange
f. Strengthening collaboration with other ASEAN sectorial bodies and Mitra
Wicara ASEAN.

the last meeting :

34th Heads of Specialist Anti-Trafficking Unit (34th HSU) Meeting

34th Heads of Specialist Anti-Trafficking Unit (34th HSU) Meeting was

organized in the same time with 19th SOMTC and Its Related Meetings
in Nay Pyi Taw, Myanmar on 22-26 July 2019.

The results of the meeting as follows :

a. Meeting agreed to adopt HSU ad-referendum Annual Work Plan 2019-2020.

Indonesia affirmed the importance to protect TIP victim in each ASEAN
member country, as commitment stated in Bohol TIP Work Plan 2017-2020.
b. Philipines as SOMTC voluntary lead shepherd area TIP suggested that every
HSU local points can actively report work plan implementation related to TIP
issue periodically. Best practice information in national level can be discuss
together in SOMTC WG on TIP meeting.

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 16th SOMTC Working Group on Trafficking in Persons (WG ON TIP)

16th SOMTC Working Group on Trafficking in Persons (WG ON TIP)

was organized in the same time with 19th SOMTC and Its Related
Meetings in ay Pyi Taw, Myanmar on 22-26 July 2019.

The points og discussion in the meeting are :

a. ASEAN secretariat reported 4 actions related to TIP in ASEAN Political-Security
Community (APSC) Blueprint 2025 under section B.3.4. has implemented
about 29 activities through SOMTC and other related ASEAN bodies.
b. Meeting reported follow up discussion of 15th SOMTC WG on TIP in the
highlight of key issues on monitoring and evaluation on the implementation of
Bohol TIP Work Plan 2017-2020.
c. Philippines as HSU secretariat recommended further discussion on (i)
Governance Arrangements; (ii) Reporting; (iii) Monitoring and Statistical Data
Content; and (iv) Relationship with Sectoral Bodies.
d. Philippines also reported the effectuation of ASEAN Consultative Meeting on
the Implementation of ACTIP and the Bohol TIP Work Plan on 5-6 March 2019
in Bohol Filipina. Meeting had been organized to increase understanding on
ACTIP and Bohol TIP Work Plan 2017-2020; shared best practice concerning
implementation of Bohol TIP Work Plan 2017-2020; and facilitated
consultation about monitoring and evaluation system. This meeting involved
representatives from ASEAN cross sectorial bodies such as: SOMTC, ASLOM,
DGCIM, SLOM, SOM-ED, ACWC, SOMHD, ASEAN secretariat, Australian
Ministry of foreign affairs and trade, Asia Foundation, and ASEAN-Australia
Counter Trafficking (ASEAN ACT).
e. Meeting noted the development report and annual plan to support ACTIP
implementation through ASEAN Australia Counter Trafficking Annual Plan
(AAPTIP) program by ASEAN-ACT. ASEAN-ACT delivered collaboration
result synthesis in some document that have distributed and translated to
each AMS. These documents are :
1) AATIP Progress Report, 2018;
2) ASEAN Practitioner Guidelines, 2018;
3) Practitioner Recommendations on Investigation and Prosecution for
Labour Exploitation, 2018;
4) ASEAN Handbook on ILC in TIP Cases, 2018;
5) ASEAN Training Program on ILC in TIP Cases, 2018; dan
6) Model Professional Development Program for ASEAN Judges, 2018.

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In the frame of ARF

besides AMMTC/SOMTC, Indonesia also considers ASEAN Regional Forum (ARF)

mechanism to be used to promote discussion and collaboration in handling TIP in
the regions. ARF has 27 participants with largest coverage from east of pacific ocean
(Canada) to Indian ocean (Pakistan) and Northeast Asia (Japan) to southwest Pasifik
(Australia). Therefore Indonesia can work through ARF to increase awareness of 27
participants on the importance issues and common effort in handling TIP.

TIP discussion in the frame of ARF had started since 1st ARF Inter Sessional Meeting on
Counter Terrorism and Transnational Crime (ARF ISM on CTTC) in 2013 to 2017 when
Indonesia became host of ARF Workshop in Trafficking in Persons, 4-5 April 2017 and
15th ARF ISM in CTTC, 6-7 April 2017.

TIP issue was officially suggested to be new priority in ARF Work Plan on CTTC since
10th ARF ISM on CTTC meeting, 14-15 May 2015 in China, TIP issue was insert in
berhasil ARF Work Plan on CTTC 2015-2017.

This ARF priority area made possible for ARF participants to explore some projects and
activities to strengthen nasional, regional and international collaboration to prevent
and eradicate TIP comprehensively, the creation of new priority under the ARF frame
was considered completed ACTIP implementation. The contain of TIP in the work plan
will also strengthen the performance of SOMTC ASEAN or other ASEAN mechanism
in handling TIP.

The collaboration creation in TIP prevention and eradication as new priority under ARF
will increase common greater understanding on the issue and increase capacity to
fight all form of TIP, especially in prevention, early detection, prosecution and victim
protection. The capacity building activities covered such as: exchange vision and
shared information on flows, trend and relevant migration pattern, identification and
victim protection, borders control and monitoring mechanism, law enforcement and
TIP criminalization.

Qualitative and Quantitative achievement

Until the implementation of 16th SOMTC Working Group on Trafficking in Person (WG
on TIP), ASEAN secretariat reported that 4 actions concerning TIP in ASEAN Political-

188
Security Community (APSC) Blueprint 2025 under section B.3.4 had been implemented
through 29 activities through SOMTC and other related ASEAN sectoral bodies.

One of important ASEAN achievement in TIP issues is the effectuation of ASEAN

Convention Against Trafficking in Person Especially Women and Children (ACTIP) to
which Indonesian was active in the drafting process. ACTIP is also completed with
ASEAN Regional Plan of Action Against Trafficking in Person Especially Women and
Children (APA),

a. ACTIP and APA contain four collaboration priorities as follows (1) law
enforcement ; (2) Pprevention ; (3) Victim protection; and (4) regional and
international collaboration.
b. In November 10th 2017, The government of Republic of Indonesia became the
9th state ratified ACTIP through the Act number 12 year 2017 on the validation
of ASEAN Convention Against Trafficking in Person Especially Women and
Children.

The benefits of ACTIP for Indonesia are as follows:

a. Minimize the difference understanding between ASEAN countries concerning
TIP concept to develop strengthen collaboration and intensive coordination
especially to law enforcer.
b. Enlarge coverage of national law through strengthen collaboration in
Southeast Asia.
c. Strengthen national legislation to support the implementation of Act number
21 year 2007.
d. Encourage Indonesian citizen TIP victim protection in Indonesia and Southeast
Asia.
e. Strengthen prevention and punishment effort and other related crimes such
as illegal fishing, drugs smuggling, corruption and money laundering.
f. Facilitate collaboration in Act enforcement in ASEAN in finding perpetrator,
proof and financial access to the bank record.
g. Facilitate law enforcement in ASEAN in exchanging data and information to
accelerate bureaucracy process, tracing asset and extradition policy.
h. Increasing the mapping on TIP perpetrators syndicate
i. Facilitate victim right fulfillment on restitution from the results of confiscation
of the assets of the perpetrator who are abroad, as well as the rights of the
victim to the material value that the exploiters of other countries have not
provided.

189
ASEAN prepared working plan on eradication of TIP to implement ACTIP and APA
entitled Bohol TIP Work Plan 2017-2020, with four key element : prevention victim
protection, law enforcement and external collaboration.

This document contains various program to handle TIP regionally and in multi-sectors,
involving 9 ASEAN sectoral bodies from three pillar of ASEAN society, ministry/
institution, private sectors and CSO in the implementation. Therefor Bohol TIP Work
Plan is multisectoral working plan, as the first cross sectoral and cross-pillar plan in
ASEAN.

Some activities of WG on TIP were:

a. National workshop on ASEAN Focal Point system formation of ASEAN

representative on Convention Against Trafficking in Person Especially Women
and Children (ACTIP). ASEAN SOMTC – Indonesia and SOMTC – Filipina,
Jakarta, 10 December 2019.
b. Workshop on Model Professional Development Program for ASEAN Judges
in TIP, Bangkok, Thailand, 7-8 2018.
c. ASEAN Workshop on Criminal Justice Response to TI, Bangkok, Thailand,
22-24 Mei 2018.
d. Initial Consultation among the Chair of the SOMTC WG on TIP and Chair
of the Bali Process WG on the Disruption of Criminal Networks Involved in
People Smuggling and TIP, Bangkok, Thailand, 15 Mei 2018.
The consultation has result of agreement to explore strengthened collaboration
between two mechanism and review each other plan as considerations of
collaboration.
e. Table top Exercise for ASEAN-Plus Three Law Enforces and Prosecutors to
Enhance Cross-Border Joint Investigations and Operations on TIP Related
Cases, 20-22 Maret 2018 di Boracay, Filipina.
f. AICHR Cross-Sectoral Consultation in the Human Rights-based Instruments
Related to the Implementation of ASEAN Convention Against Trafficking in
Persons, Especially Women and Children (ACTIP), Yogyakarta, 29-30 Agustus
2017.
g. Workshop on Strengthening the Implementation of the ACTIP through the
Establishment of a System of National ACTIP Representatives, Cabu, 4-25
Mei 2017
h. ASEAN Cross-Sectoral Meeting to Finalise the “Bohol TIP Work Plan 2017-

190
 2019 towards the implementation of ACTIP and APA, Cabu, Filipina, 3-4 Mei
2017.

6.3.3 Challenge and Problem

a. Various challenge in ACTIP ratification process, especially on synchronize

effort, understanding and cross-sectoral collaboration for the effective
implementation of the ACTIP.
b. Convention ratification process in Indonesia is similar to drafting process of
new law. Comparing to other convention ratification process, the duration
of process was considered. The long process in national level has made
Indonesia the second last country that ratified ACTIP, even as country who
initiated it.
c. Lack of active participation of Mitra Wacana and ARF participants in eradicating
trafficking in person in South East Asia.
d. The need to improve coordination and synergy between ministries and
institutions to provide report to various mechanism/ sectorial ASEAN bodies
concerning Trafficking in person.

6.3.4 Recomendation

a. Strengthening collaboration between ministries, institutions and legislatives

to accelerate ratification process on significant international convention.
b. Improving coordination in victim handling between concerning ministries and
institutions.
c. Encouraging continuously realization of human right based approach and its
practice that covers assistance service to trafficking in person victims without
considering trial process and migration law condition from concerning
countries, focused to victim in national, regional and international level have
to consider victim’s right and obligation of the country according to regional
human rights instrument as stated in Indonesian representative in inter-
governmental Human right commission ASEAN (ASEAN Intergovernmental
Commission on Human Rights-AICHR).

191
 Appendix
Appendix 1 - Data of ATTF

No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL

TF TF
(1) (2) (3) (4) (5) (6)
1 Province of Aceh 1 City of Banda Aceh
District
1. of Pidi
District
2. of Bireuen
District
3. of Gayo
District
4. of West Aceh
District
5. of South Aceh
District
6. of Aceh Singkel
District
7. of Aceh Besar

2 Province of North Sumatera 2 City of Pematang Siantar City

8. of Pematang Siantar
3 District of Deli Serdang District
9. of Deli Serdang
4 District of Asahan District
10. of Asahan
5 City of Tanjung Balai City
11. of Tanjung Balai
6 District of Batubara District
12. of Batubara
7 District of Langkat District
13. of Langkat
8 City of Tebing Tinggi City
14. of Tebing Tinggi
9 District of Labuhan Batu District
15. of Labuhan Batu
10 City of Binjai City
16. of Binjai
11 City of Medan City
17. of Medan
12 District of Serdang Bedagai District
18. of Serdang Bedagai
13 District of South Labuhan Batu District
19. of South Labuhan
Batu
14 District of Padang Lawas District
20. of Padang Lawas
15 District of Simalungun District
21. of Simalungun
16 District of Nias District
22. of Nias
17 District of North Padang Lawas District
23. of North Padang
Lawas
18 District of Mandailing Natal District
24. of Mandailing Natal
District
25. of West Pak Pak

3 Province of Riau 19 City of Dumai City

26. of Dumai
20 District of Meranti District
27. of Meranti
District
28. of Bengkalis
District
29. of Indragiri Hilir
District
30. of Indragiri Hulu
District
31. of Pelalawan
District
32. of Siak
City
33. of Pekanbaru

192
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1
4 Province of Aceh
West Sumatera 1
21 City of Banda Aceh
Padang
22 Pariaman District
1. of Pidi
23 Padang Panjang District
2. of Bireuen
24 Bukittinggi Bukittinggi
1.
District
3. of Gayo
25 Payakumbuh District
4. of West Aceh
2.
District
5. of Agam
South Aceh
6.
District
3. Aceh Singkel
of Tanah Datar
4.
District
7. of Dharmasraya
Aceh Besar
District
5. of Limapuluh Kota
2 Province of North Sumatera 2 City of Pematang Siantar City
8. of Pematang Siantar
5 Province of Bengkulu 3
26 District lebong
Rejang of Deli Serdang 9.
District
6. Deli Serdang
of Rejang Lebong
4 District of Asahan District of Asahan
10. of Bengkulu
City
7.
5 City of Tanjung Balai District
City
11. of Seluma
8. of Tanjung Balai
6 District of Batubara District
12. of Batubara
6 Province of South Sumatera 27
7 District of Lahat
Langkat 9.
District
13. of Lahat
Langkat
8 City of Tebing Tinggi City
14. of Tebing
District
10. of OganTinggi
Komering
9 District of Labuhan Batu Ulu
District
15. of Labuhan Batu
10 City of Binjai District
11.
City of Ogan Komering Ilir
16. of Binjai
11 City of Medan District
12.
City of Muara Enim
17. of Medan
12 District of Serdang Bedagai District
13.
District
18. of
of Musi Rawas
Serdang Bedagai
13 District of South Labuhan Batu District
14.
District
19. of
of Banyuasin
South Labuhan
District
15.
Batu of South Ogan
14 District of Padang Lawas Komering
District
20. Ulu
of Padang Lawas
15 District of Simalungun District
16.
District
21. of East Ogan
of Simalungun
16 District of Nias Komering
District
22. Ulu
of Nias
District
17. of Ogan Ilir
17 District of North Padang Lawas District
23. of North Padang
District
18.
Lawas of Empat Lawang
18 District of Mandailing Natal District
19.
District
24. of
of Penukal Abab
Mandailing Natal
Lematang Ilir
District
25. of West Pak Pak
District
20. of North Musi Rawas
City
21. of Palembang
3 Province of Riau 19 City of Dumai City
26. of Dumai
City
22. of Prabu Mulih
20 District of Meranti District
27. of Meranti
City
23. of Pagar Alam
District
28. of Bengkalis
City
24. of Lubuk Linggau
District
29. of Indragiri Hilir
District
30. of Indragiri Hulu
7 Province of Jambi City
25. of Jambi
District
31. of Pelalawan
District
32. of Siak
8 Province of Kepulauan Riau 28 City of Tanjung Pinang City
26. of Tanjung Pinang
City
33. of Pekanbaru
29 City of Batam City
27. of Batam
30 District of Karimun District
28. of Karimun
31 District of Lingga District
29. of Lingga
32 District of Natuna District
30. of Natuna
33 City of Bintan City
31. of Bintan
34 District of Anambas District
32. of Anambas

9 Province of Bangka Belitung 35 District of Belitung District

33. of Belitung
District
34. of Bangka

10 Province of Lampung 36 City of Bandar Lampung

193
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1 Province of Aceh 1
37 City of Banda
District Aceh
of Tanggamus District
1. of Tanggamus
38 District of Central Lampung 1.
District
2. Pidi
of Central Lampung
39 District of West Lampung District
2.
3. of Bireuen
West Lampung
40 District of South Lampung 3.
District
4. Gayo Lampung
of South
41 District of Tulang Bawang 4.
District
5. West Aceh
of Tulang Bawang
42 City of Metro Lampung District
5.
City of South
6. of Metro Aceh
Lampung
43 District of Pringsewu 6.
District
7. Aceh Singkel
of Pringsewu
44 District of Pesawaran 7.
District
8. Aceh Besar
of Pesawaran
45 District of West Tulang District
9. of West Tulang
2 Province of North Sumatera 2 Bawang
City of Pematang Siantar Bawang
City
8. of Pematang Siantar
3 District of Deli Serdang District
10.
9. of West Pesisir
Deli Serdang
4 District of Asahan District
11.
10. of Waikanan
Asahan
5 City of Tanjung Balai District
City
11. of NorthBalai
12. of Tanjung Lampung
6 District of Batubara District
12. of Batubara
11 Province of Banten 46
7 District of Tanggerang
Langkat District
13. of Tanggerang
Langkat
47
8 District of Serang
City of Tebing Tinggi District
City of Serang
14. of Tebing Tinggi
48
9 City of Serang
District of Labuhan Batu City
15. of Serang
District of Labuhan Batu
49
10 District of Lebak
City of Binjai District
City of Lebak
16. of Binjai
50
11 City of Cilegon
Medan City
17. of Cilegon
Medan
51
12 District of Pandeglang
Serdang Bedagai District
18. of Pandeglang
Serdang Bedagai
52
13 City of South
District Tangerang
of South Labuhan Batu City
19. of South
District Tangerang
of South Labuhan
53 City of Tangerang Batu
14 District of Padang Lawas District
20. of Padang Lawas
12 Province of DKI Jakarta 15
54 District
Central of Simalungun
akarta District
21.
Central
20. of Simalungun
Jakarta
16
55 District
West of Nias
Jakarta District of Nias
22. Jakarta
West
21.
17
56 DistrictJakarta
South of North Padang Lawas District
23.
South of North Padang
22. Jakarta
57 North Jakarta Lawas
North
23. Jakarta
18 District of Mandailing Natal District
24. of Mandailing Natal
Kepulauan
24. Seribu
District
25.
East of West Pak Pak
25. Jakarta

3
13 Province of
Province of West
Riau Jawa 19
58 City of Dumai
District of Bandung City
26. of Dumai
26.
District of Bandung
20
59 District of Bogor
District of Meranti District
27.
District
27. of
of Meranti
Bogor
District
28. of Bengkalis
60 District of Purwakarta
61 District of Cianjur District
29.
District
28. of
of Indragiri
Cianjur Hilir
District
30. of Indragiri Hulu
62 District of Cirebon District
29. of Cirebon
63 District of Garut District
31.
District
30. of
of Pelalawan
Garut
District
32. of Siak
64 District of Indramayu District
31. of Indramayu
65 District of Karawang City
32. of Pekanbaru
33.
District of Karawang
66 District of Subang District
33. of Subang
67 District of Sukabumi District
34. of Sukabumi
68 District of Bekasi
69 District of Sumedang
70 City of Bekasi
71 City of Sukabumi City
35. of Sukabumi
72 City of Bogor District
36. of Kuningan
73 City of Cimahi City
37. of Cimahi
74 District of West Bandung District
38. of West Bandung

194
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1 Province of Aceh 75
1 District of Kuningan
City of Banda Aceh
76 City of Depok District
1. of Pidi
77 City of Cirebon District
2. of Bireuen
78 City of Bandung KotaBandung
1.
District
3. of Gayo
79 City of Tasikmalaya District
4. of West Aceh
80 City of Banjar City
2. of Banjar
District
5. of South Aceh
81 District of Majalengka District
6. of Aceh Singkel
82 District of Tasikmalaya District
7. of Aceh Besar
83 District of Ciamis District
3. of Ciamis
2 Province of North Sumatera 2 City of Pematang Siantar City
8. of Pematang Siantar
14 Province of Central Java 84
3 District of Wonogiri
Deli Serdang District
4.
9. of Wonogiri
Deli Serdang
85
4 District of Purworejo
Asahan 5.
District
10. Purworejo
of Asahan
86
5 District of KlatenBalai
City of Tanjung District of KlatenBalai
6. of Tanjung
City
11.
87
6 District of Cilacap
Batubara District
7.
12. of Cilacap
Batubara
88
7 District of Brebes
Langkat 8.
District
13. of Brebes
Langkat
89
8 City of Semarang
Tebing Tinggi City
14. of Semarang
9. Tebing Tinggi
90
9 District of Pati
Labuhan Batu District
10.
15. of Pati
Labuhan Batu
91
10 District of Semarang
City of Binjai District
11.
City of Semarang
16. of Binjai
92
11 District of Boyolali
City of Medan District of Boyolali
12. of Medan
City
17.
93
12 District of Jepara
Serdang Bedagai 13.
District
18. Jepara Bedagai
of Serdang
94
13 District of Pekalongan
South Labuhan Batu District
14.
19. of Pekalongan
South Labuhan
95 District of Wonosobo Batu
District
15. of Wonosobo
14
96 District of
District of Grobogan
Padang Lawas District
20.
District
16. of
of Padang
GroboganLawas
15
97 Simalungun
District of Kebumen District
21. of Simalungun
16
98 District of Nias
District of Rembang District
22.
District
17. of
of Nias
Rembang
17
99 District of Demak
North Padang Lawas District
23.
18. of North
DemakPadang
100 District of Salatiga Lawas
District
19. of Salatiga
18
101 District
District of
of Mandailing
Temanggung Natal District
24. of Mandailing Natal
District
25.
City of West Pak Pak
20. of Surakarta
City
21. of Pekalongan
3 Province of Riau 19 City of Dumai City
22. of Dumai
26.
District of Banyumas
20 District of Meranti District
27.
District
23. of
of Meranti
Purbalingga
District
28.
District
24. of
of Bengkalis
Sukoharjo
District
29.
District
25. of
of Indragiri
Sragen Hilir
District
30.
District
26. of
of Indragiri
Blora Hulu
District
31.
District
27. of
of Pelalawan
Kudus
District
32.
District
28. of
of Siak
Kendal
City
29. of Pekanbaru
33.
District of Batang
District
30. of Pemalang
District
31. of Tegal
City
32. of Magelang

15 Province of DIY 102 City of Yogyakarta City

33. of Yogyakarta
103 District of Gunung Kidul District
34. of Gunung Kidul
104 District of Kulonprogo District
35. of Kulonprogo
105 District of Bantul District
36. of Bantul
106 District of Sleman District
37. of Sleman

195
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1
16 Province of East
AcehJava 1
107 City of Banda
District Aceh
of Tulungagung
108 City of Malang District
1. of Pidi
109 District of Malang District
2.
1. of Bireuen
Malang
110 District of Trenggalek 3.
District
2. Gayo
of Trenggalek
111 City of Surabaya District
City
3. of West Aceh
4. of Surabaya
112 District of Pacitan District
5.
4. of South
PacitanAceh
113 District of Magetan District
6. of Aceh Singkel
114 District of Blitar District
7. of Aceh Besar
115 District of Ponorogo District
5. of Ponorogo
2 Province of North Sumatera 2
116 City of Pematang
District of NganjukSiantar City
8. of Pematang
District
6. of NganjukSiantar
3
117 District of Deli Serdang
Bondowoso District
9. of Deli Serdang
4
118 District of Asahan
Situbondo District
10. of Asahan
5
119 City of Tanjung
Kediri Balai City
11. of Tanjung Balai
6
120 District of Batubara
Jombang District
12.
7. of Batubara
Jombang
7
121 District of Langkat
Jember District
13. of Langkat
8
122 City of Tebing Tinggi
District of Bojonegoro City
14. of Tebing Tinggi
9
123 District of Labuhan
SumenepBatu District
15. of Labuhan Batu
10
124 City of Binjai
District of Pasuruan City
16. of Binjai
11 City of Medan City
8. of Medan
17. Blitar
12 District of Serdang Bedagai District of Serdang Bedagai
18. of Batu
City
9.
13 District of South Labuhan Batu District
19. of South Labuhan
17 Province of Bali 125 City of Denpasar Batu
City
10. of Denpasar
14 District of Padang Lawas District
20. of Padang Lawas
126 District of Buleleng District
11. of Buleleng
15
127 District
District of
of Simalungun
Jembrana District
21.
District
12. of
of Simalungun
Jembrana
16 District of Nias District
22. of Nias
District
13. of Gianyar
17 District of North Padang Lawas District
23.
District
14. of
of North
Bangli Padang
Lawas
District
15. of Badung
18 District of Mandailing Natal District
24. of Mandailing Natal
District
25. of West Pak Pak
18 Province of West Nusa 128 City of Mataram City
16. of Mataram
Tenggara
3 Province of Riau 19
129 City of Dumai
District of West Lombok City
17. of Dumai
26.
District of West Lombok
20
130 District
District of
of Meranti
Central Lombok District
27.
District
18. of
of Meranti
Central Lombok
District
28. of Bengkalis
131 District of East Lombok District
19. of East Lombok
132 District of Sumbawa Besar District
29.
District
20. of
of Indragiri
SumbawaHilir
Besar
District
30. of Indragiri Hulu
133 District of Sumbawa District
21. of Sumbawa
134 District of Dompu District
31.
District
22. of
of Pelalawan
Dompu
District
32. of Siak
135 City of Bima City
23. of Bima
136 District of Bima City
24. of Pekanbaru
33.
District of Bima

19 Province of East Nusa Tenggara 137 City of Kupang City

25. of Kupang
138 District of Kupang District
26. of Kupang
District
27. of Ende
District
28. of Sikka
District
29. of Manggarai

20 Province of South Borneo 139 District of Banjar District

30. of Banjar

196
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1 Province of Aceh 140
1 District
City of South
of Banda Hulu Sungai
Aceh District
1. of South Hulu Sungai
141 City of Banjar Baru City
1. of Banjar
2.
District of PidiBaru
142 Tanah laut Tanah
3.
District
2. laut
of Bireuen
143 District of Central Hulu Sungai District
4.
District
3. of
of Central
Gayo Hulu
Sungai
District
4. of West Aceh
144 District of Balangan District
5.
District
5. of
of Balangan
South Aceh
District
6.
District
6. of
of North Hulu Sungai
Aceh Singkel
District
7.
District
7. of
of Tabalong
Aceh Besar
District
8. of Tapin

2 Province of North Sumatera 2 City of Pematang Siantar District

9.
City of Barito Kuala
8. of Pematang Siantar
3 District of Deli Serdang City
10. of
District
9. Banjarmasin
of Deli Serdang
4 District of Asahan District
10. of Asahan
21 Province of Central Borneo 145
5 District
City of East Kotawaringin
of Tanjung Balai District
11.
City of East Kotawaringin
11. of Tanjung Balai
6 District of Batubara District
12.
District
12. of East
of Barito
Batubara
7 District of Langkat District
13.
District
13. of
of Lamandau
Langkat
8 City of Tebing Tinggi District
14.
City of Gunung
14. of Tebing Mas
Tinggi
9 District of Labuhan Batu District
15. of Labuhan Batu
22 Province of West Borneo 146
10 City of
City of Binjai
Pontianak City
16. of
15.
City of Pontianak
Binjai
147
11 City of Singkawang
City of Medan City
17. of
16.
City of Singkawang
Medan
148
12 District of
District of Serdang
Sambas Bedagai District
17.
District
18. of
of Sambas
Serdang Bedagai
149
13 District of
District of South
Sanggau
Labuhan Batu District
18.
District
19. of
of Sanggau
South Labuhan
150 District of Kubu Raya District
Batu of Kubu Raya
19.
151
14 Ketapang
District of Padang Lawas District
20. of Ketapang
Padang Lawas
152
15 District of Simalungun
Sintang District
21. of Sintang
Simalungun
16 District of Nias District
22. Kapuas Hulu
of Nias
17 District of North Padang Lawas District
23. of North Padang
23 Province of East Borneo 153 City of Samarinda City
23. of Samarinda
Lawas
18 District of Mandailing Natal District
24. of Mandailing
East Kutai Natal
25.
District West Pak Pak
of Berau

3
24 Riau Borneo
Province of North 19
154 City of Dumai
District of Nunukan City
26. of Dumai
District of Nunukan
20
155 District of Meranti
City of Tarakan District
City of Meranti
27. of Tarakan
District
28. of Bengkalis
25 Province of South Sulawesi 156 City of Makassar District
City
28. of Indragiri Hilir
29. of Makassar
157 District of Bone District
30.
29. of Indragiri
Bone Hulu
158 District of Jeneponto 31.
District
30. Pelalawan
of Jeneponto
159 District of Tana Toraja District
32. of Siak
160 District of North Toraja City
31. of Pekanbaru
33.
District of North Toraja
161 District of Pare-Pare District
32. of Pare-Pare
162 District of Sidrap
163 District of Bulu kumba District
33. of Bulu kumba
164 District of Sinjai
165 District of Maros District
34. of Maros
166 District of Takalar District
35. of Takalar
167 District of Barru
168 District of Pinrang District
36. of Pinrang

197
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
1 Province of Aceh 1
169 City of Banda
District Aceh
of Luwu District
1. of Luwu
170 District of North Luwu District
2.
1. of North
Pidi Luwu
171 District of East Luwu 2.
District
3. Bireuen
of East Luwu
172 District of Palopo District
3. of Gayo
173 District of Bantaeng District
4. West Aceh
of Bantaeng
174 District of Soppeng District
5. of Soppeng
South Aceh
District
6. of Aceh Singkel
26 Province of Central Sulawesi 175 District of Sigi District
6.
7. of Sigi
Aceh Besar
176 City of Palu City
7. of Palu
2 Province of North Sumatera 2
177 City ofMoutong
Parigi Pematang Siantar City
8. ofMoutong
Parigi Pematang Siantar
3
178 District
Morowali of Deli Serdang District
9. of Deli Serdang
4 District of Asahan 10.
District
9. Asahan
of Donggala
5 City of Tanjung Balai City
11. of Tanjung Balai
27 Gorontalo 6 District of Batubara District
12.
City of Batubara
10. of Gorontalo
7 District of Langkat District
11.
13. of Gorontalo
Langkat
8 City of Tebing Tinggi City
14. of Tebing Tinggi
28 Province of North Sulawesi 179
9 City of Manado
District of Labuhan Batu City
15. of Manado
12.
District of Labuhan Batu
10
180 City of Binjai
Bitung City
13. Binjai
16. of Bitung
11
181 City of Medan
District of South Minahasa City
14. of Medan
17.
District of South Minahasa
12
182 District of Serdang Bedagai
South East Minahasa 18.
District
15. Serdang
of South Bedagai
East
13 District of South Labuhan Batu Minahasa
District
19. of South Labuhan
183 City of Kotamobagu City
16. of Kotamobagu
Batu
14
184 District of Padang Lawas
City of Tomohon District of Padang Lawas
20. of Tomohon
City
17.
15
185 District of Simalungun
North Minahasa 21.
District
18. Simalungun
of North Minahasa
16 District of Nias 22.
District
19. Nias
of Kepulauan
17 District of North Padang Lawas Sangihe
District
23. of North Padang
Lawas
29 Province of Maluku 18 District of Mandailing Natal District
24.
City of Mandailing Natal
20. of Ambon
District of West Pak Pak
25. of Tual
City
21.
District
22. of Central Maluku
3 Province of Riau 19 City of Dumai City
26. of Dumai
District
23. of Buru
20 District of Meranti District
24.
27. of South Buru
Meranti
District
28.
25. of Bengkalis
West Seram
District
26.
29. of Maluku
IndragiriTengara
Hilir
30.
District
27. Indragiri Hulu
of Kepulauan Aru
31.
District
28. Pelalawan
of Kepulauan
Tanimbar
District
32. of Siak
District of South West
29. of Pekanbaru
City
33.
Maluku

30 Province of North Maluku

31 Province of South East Sulawesi 186 City of Kendari City

30. of Kendari
187 District of Konawe District
31. of Konawe

32 Province of West Sulawesi 188 District of Polewalimandar District

32. of Polewalimandar
189 District of North Mamuju District
33. of Pasang Kayu
(new name)

198
No. PROVINCE LEVEL TF NO 2017 SUB-PROVINCE LEVEL NO 2019 SUB-PROVINCE LEVEL
TF TF
(1) (2) (3) (4) (5) (6)
30
1 Province of North
Aceh Maluku 1 City of Banda Aceh
District
1. of Pidi
31 Province of South East Sulawesi 186 City of Kendari City
1. of Kendari
District
2. of Bireuen
187 District of Konawe District
2.
District
3. of
of Konawe
Gayo
District
4. of West Aceh
32 Province of West Sulawesi 188 District of Polewalimandar District
3.
District
5. of South
of Polewalimandar
Aceh
189 District of North Mamuju District
4.
6. of Pasang Kayu
Aceh Singkel
(new
District
7. name)
of Aceh Besar
190 District of Mamuju District
5. of Mamuju
191 District of Majene District
6. of Majene
2 Province of North Sumatera 2 City of Pematang Siantar City
8. of Pematang Siantar
District
7. of Central Mamuju
3 District of Deli Serdang District
9. of Deli Serdang
District
8. of Mamasa
4 District of Asahan District
10. of Asahan
5 City of Tanjung Balai City
11. of Tanjung Balai
6 District of Batubara District
12. of Batubara
7 District of Langkat District
13. of Langkat
8 City of Tebing Tinggi City
14. of Tebing Tinggi
9 District of Labuhan Batu District
15. of Labuhan Batu
10 City of Binjai City
16. of Binjai
11 City of Medan City
17. of Medan
12 District of Serdang Bedagai District
18. of Serdang Bedagai
13 District of South Labuhan Batu District
19. of South Labuhan
Batu
14 District of Padang Lawas District
20. of Padang Lawas
15 District of Simalungun District
21. of Simalungun
16 District of Nias District
22. of Nias
17 District of North Padang Lawas District
23. of North Padang
Lawas
18 District of Mandailing Natal District
24. of Mandailing Natal
District
25. of West Pak Pak

3 Province of Riau 19 City of Dumai City

26. of Dumai
20 District of Meranti District
27. of Meranti
District
28. of Bengkalis
District
29. of Indragiri Hilir
District
30. of Indragiri Hulu
District
31. of Pelalawan
District
32. of Siak
City
33. of Pekanbaru

199
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