Smuggling in Batam Waters, Indonesia - Article - degres
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degres A.S.B.L Degres
Article
Defense Public Policy in the Handling People
Smuggling in Batam Waters, Indonesia
Lukman Yudho Prakoso
Universitas Pertahanan Republik Indonesia
Email: kamalekumdeplek@gmail.com
Abstract. Batam's position on the Sea Border with Malaysia and Singapore raises opportunities as well as
problems faced by Indonesia. The main threat occurring in Batam waters is a transnational crime, such as people
smuggling. The purpose of this research is to determine a strategy in dealing with People smuggling. This is
descriptive and qualitative research and it uses the theory of public policy implementation by George Edward III
to show that the marine defense strategies in dealing with the threat are not suitable for all problems.
Furthermore, the research showed that as regard law enforcement there was an inefficient network in the
communication sector and poor resource, in theresource sector r. Meanwhile, for disposition and structural
sector, the link between aspects in Batam and the Central Government weakened law enforcement at sea, and
the bureaucratic operation patterns of law enforcement entities were still sectoral respectively. Moreover,
supporting factors shows that in the economic field, Batam's position is very strategic for Indonesia, hence there
is an absence of a joint commitment to realize a strong marine defense which was the main inhibiting factor.
The research concludes that a marine defense strategy that can be applied includes performing massive state
defense programs at all government levels and community organizations. Additionally, it recommends an
independent entity serving as the Command Center, that has full authority over Batam's territorial waters.
Keywords: Public Policy, Defense, People Smuggling, Command Center.
1. Introduction
The international strategic environment’s dynamics always have both positive
and negative implications, which affect national development directly or indirectly.
Positive implications benefit national ideals, goals, and interests, while negative
implications raise the risk of the country’s survival. The current international political
situation is still colored by old problems that have not been resolved and are getting more
complex with the presence of new problems (Atika, 2016).
Batam, part of the Riau Islands, is one of the areas directly opposite the Malacca
Strait from Singapore and Malaysia. Therefore Batam is vulnerable to transnational
crime, particularly people smuggling, both to and from other countries, as a result of the
busy Malacca Strait with world marine traffic. (Bambang, 2009).
Indonesian workers are the most common victims of people smuggling from
Indonesia to Singapore and Malaysia or vice versa, of which the majority are indonesian
workers. The incident has been going on for a long time and continues unabated till now.
Furthermore, they can enter and leave the country illegally by exploiting any coastline
that is monitored by authorities. Moreover, this occurs not only in Batam but also in
Karimun and Bintan island (Dipua et al, 2020).
Batam is also disputed by the entry of illegal immigrants from Sri Lanka and
Afghanistan. The problem of these two countries is that they are seeing Batam as a
transit point rather than a destination and when someone is caught, they will be handed
over to the Immigration Office. Furthermore, Galang Island, not far from Batam, was a
shelter for thousands of Vietnam refugees in the late 1970s to 1990s because of the
country's insecurity (Suhirwan et al, 2019).
Batam has also become a drug transit area with a large-scale drug factory
discovered in the city. Moreover, couriers are frequently arrested at foreign ports and
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Article
airports, and as such, the drug network is suspected of having an international scope,
where entering is via the port (Bambang, 2009).
Batam's vulnerability to People smuggling crime can have implications for other
forms of crime. Therefore, this current research considers it necessary to undertake a
study related to the people smuggling crime that occurred in Batam, making use of the
geographical conditions of the waters which are relatively close to Singapore and
Malaysia and if not addressed immediately, this potential crime can turn into a very
serious threat of defense and security (Prakoso et al, 2021).
This research considers it very important to solve the problem of people
smuggling in Batam waters. Therefore, the conceptual framework of this research is to
analyze the implementation of marine defense policies that exist today, as well as
supporting and inhibiting factors, and formulate the best marine defense strategy policy.
2. Methods and Theory
The descriptive qualitative approach was usedn this study, and it was based on
George Edward III's policy implementation theory (1980). Furthermore, this research
was based on the current strategy s the most appropriate given the lack of time to delve
deeper into the phenomena that occur at the research locus. In addition, this theory is
considered the most practical and complete way to analyze the implementation of a
policy to be researched.
3. Result and Discussion
Implementation of Defense Strategy in Batam Waters
Analysis and discussion of marine defense strategy policies in Batam waters are
as follows:
a. Communication Factors
Communication transmission on the implementation of law enforcers in
Batam waters has fully arrived and been well accepted. It emphasizes that Batam
must be safe from all kinds of illegal acts at sea, including not just people smuggling
but also other transnational and conventional crimes.
Clarity: Communications received by policy implementers (street-level
bureaucrats) must be clear and not confusing or ambiguous. The clarity of
communication received by law enforcement entities at sea in Batam waters has
been fully understood, and government institutions, both regional and vertical
entities of the central government, have held communication forums.
Consistency: The orders given the authority in the implementation of
communication must be consistent and clear to be established or implemented.
Moreover, if the orders given change frequently, it can confuse the implementers in
the field. Furthermore, consistency of communication between law enforcers is
essential not only in implementing strategies for securing marine areas, but also
concerning Batam government entities, both between and within the community.
b. Resource Factor
All entities associated with law enforcement in Batam seas were found to
have sufficient personnel data, according to the research locus. The problem is the
vast area of the waters that must be monitored and the geography of Batam's waters
which has many small islands that is open from various sides, making it prone to
people smuggling.
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In terms of quality, generally, law enforcement entities at sea are following
the standard procedures required and determined by each respective organization.
The main problem is the high crime of people smuggling that occurs in various ways
by the perpetrators (Supriyono et al, 2020).
In policy implementation, information takes two forms. First, it pertains to
how policies should be implemented. Second, it is about compliance data to the
established government regulations by implementers.
Information resources are well implemented between Indonesian law
enforcers in Batam and in neighboring Malaysia and Singapore. The smugglers'
speed is a factor that must be considered not only while prosecuting, but also while
preventing them. Moreover, this must be performed not only by relevant law
enforcers but also relevant stakeholders at the Ministry and Institution level
(Widiarto et al, 2021).
The findings in the field show that law enforcement entities at the research
locus have their respective regulatory bases. However, at certain times, they also
coordinated by undertaking joint operations in securing Batam's territorial waters
(Rifqi et al, 2021).
Given the government's limited funding to supplement law enforcement
facilities at sea, the research findings on this facility factor are particularly
noteworthy. Furthermore, a significant finding is that perpetrators of criminal acts at
sea, especially people smuggling, have a huge advantage over law enforcement. For
example, speedboats used have very high speeds with an outboard authorization of
250HP x 4 and with such power, smuggling speedboats can reach speeds above 50
knots. Meanwhile, the speed of the law enforcement patrol boats was below that
(Risahdi, 2019).
Another option for the smugglers is to take advantage of communication
tools that already use a satellite system, making it difficult to interpret compared to
law enforcement's frequently used public providers.
c. Disposition Factors
The findings revealed that the marine security policy implementers in
Batam had a positive attitude, by continuing to do their best with their limitations
and this can be proven by the continued action against people smuggling, as every
week an arrest is always made by law enforcement entities (Kusuma et al, 2020).
Personnel interviewed for this research generally gave positive responses
that they had done their best to prevent people smuggling actors despite their various
limitations and amid the high frequency of smuggling that occurred.
The findings also revealed an impression that law enforcers have exceeded
their proper call of duty and it is very appropriate that they get more incentives,
considering how difficult it is to secure Batam's territorial waters with their limited
conditions (Sartono et al, 2021).
d. Bureaucratic Structure Factors
The research findings on the sub-factor of fragmentation must be taken
seriously considering the high factual data on crimes occurring at sea are not only
people smuggling but also other transnational crimes. Therefore, the best strategy
for fragmenting the bureaucratic structure must be discovered.
In general, the findings revealed that bureaucratic structure is fragmented,
with each entity using their respective standards that are generally accepted
throughout Indonesia. Furthermore, it should be considered that Batam waters have
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unique characteristics, necessitating fragmentation that is not identical to other
institutional organizations. For example, the existence of Naval base Batam, which
is generally the same standard as other Naval bases owned by the Indonesian Navy.
Additionally, because the Batam Naval Base's major tasks and activities are heavier
and broader, and it is located directly on the border with international shipping
crossings with high factual and potential threats, a larger facility with more staff can
be built, allowing it to perform its tasks more effectively. Likewise with other law
enforcement entities.
Supporting and Inhibiting Factors
The supporting factor is communication between law enforcers in the Batam Sea
regarding people smuggling actions, and it has been performed relatively well as
indicated by media publications on which law enforcers often execute enforcement
activities together. Furthermore, the implementers have high enthusiasm, and although
they are full of limitations, they are never discouraged and always do their job well.
Moreover, media reports are colored almost every day with news of prosecution of law
violations at sea, whether performed by individual law enforcement entities or a
combination of law enforcers.
The finding of a significant inhibitory factor in this regard is the smugglers have
enormous network resources, especially in communication equipment used. The
smugglers' Networks both in Batam, Malaysia, and Singapore use satellite
communication tools which are very difficult to detect by law enforcement agencies in
Indonesia and neighboring countries.
The condition of the smugglers' resource factor being superior to that of law
enforcers is exacerbated by the attitude of the people who are already accustomed to
lawlessness in Batam waters. Furthermore, the smuggling mafia and others who use their
services stand to benefit from the criminal crimes that occur.
The people who are generally involved in smuggling mafia networks have an
attitude that makes the law enforcement movement very easy to detect therefore many
opportunities arise and law enforcers fail to make arrests. Moreover, they use various
tactics and strategies to avoid arrest by law enforcement agencies.
Defense Strategy Policy in Batam Waters
a. Current conditions
Each law enforcement entity has a basic policy and organizational structure
standards according to their respective provisions, as well as organizational
structures in other regions. This is very burdensome for them, given Batam’s vast
geographical conditions, many gaps, and location in the path of world service.
Furthermore, each of the entities has its SOP in performing its main duties. Limited
resources according to George Edward III's theory of policy implementation include
the availability of staff, information, budget, and facilities.
b. Expected conditions
In the Batam waters, law enforcement entities have a single regulation to
manage all related entities, allowing them to form one command, vision, and
mission. Therefore, it is expected to achieve with a single basic task optimization
policy, more effectively and efficiently by avoiding duplication of authority as well
as other ineffectiveness and inefficiencies (Kurniawan et al, 2020).
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Batam has a standard organizational structure that is tailored to the needs of
the size of the water area and a proportional level of need. This optimizes the main
tasks of law enforcement entities, confronted with the vast geographical conditions,
many gaps, and directly in the path of world service delivery.
It is expected that law enforcers will have a standard SOP to carry out their
duties to safeguard Batam waters and there should be better attention from the
central and local governments to overcome limited resources (Rachmad et al, 2020).
c. Defense Strategy in Batam Waters
1). The government built a Command Center with the Marine Control Wheel
Network.
The results of the analysis and discussion above related to
implementation, supporting and inhibiting factors, current conditions, and
expected conditions showed that the network currently being implemented
between law enforcers is a “Star” job instructor where each entity performs its
duties independently. This network is considered ineffective and inefficient, thus
it needs to be revitalized using the “Wheel” or steering network, where th one
entity is acting as the “Command Center” as shown in the figure below:
Source: Prihantoro (2019)
Figure 1 Current and Expected Defense Strategy Network Model
This Strategy Wheel Network is widely used by Australia and has proven
to be very effective for controlling the sea from the threat of all forms of criminal
offenses (Palupi et al, 2020). This strategy is expected to achieve the
effectiveness and efficiency of law enforcement entities needed in suppressing as
many violations of law at sea as feasible.
2). The government performs an integrated defense program between government
entities, ministries, and state institutions at every level of Batam society.
The findings at the Batam research locus showed that the limitations of
law enforcement entities and the geographic factors contribute to the
occurrence of many crimes at sea, by the transnational crime mafia, including
people smuggling. Furthermore, the involvement of aspects in society and the
apparatus is a critical point that can destroy the life of the nation. According to
an informant from the Batam-national narcotics agency, the mafia in people
smuggling also plays a role in drug smuggling and other legal violations.
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Handling people smuggling and also other types of transnational crimes
that occur in Batam, should not just be left to law enforcers at sea alone, but
should also be performed in collaboration with other government entities.
Furthermore, there must be extraordinary efforts to prevent it, one of which is
the creation of an integrated state defense program between all government
stakeholders, ministries, and institutions.
4. Conclusion
According to George Edwar III, the implementation of the marine defense
strategy public policy in Batam waters in response to the threat of sweets smuggling
were not performed efficiently due to policy implementation factors, such as
Communication, Resources, Disposition, and Bureaucratic structure.
The supporting factors for the implementation of research findings revealed that,
despite their experience limitation, law enforcement officers communicate well, and have
a positive attitude in performing their tasks. Meanwhile, a significant inhibiting factor is
the limited resources of law enforcement officers which are exploited by public aspects
involved in people smuggling crime mafia networks and other transnational crimes.
Furthermore, the findings of the marine defense public policy include the
construction of a sea control command center with an acting entity, as well as the central
and regional Governments’ intensification of the State Defence Program, by
collaborating and integrating stakeholders related to the ministry and institutions.
As a recommendation of this research, the government should make a single
regulation that strengthens the strategy of the Command Center for marine control with a
Wheel Network and also an integrated State Defense Program.
References
Adisasmita, R. (2008). Pengembangan Wilayah Konsep dan Teori. Jakarta: Graha Ilmu.
Apriliani, A. (2016). Lingkungan Strategis. Retrieved from
http://atikahapriliani.blogspot.com/2016/12/lingkungan-strategis.html.
Bakrie, C. R. (2011). Alur Laut Kepulauan Indonesia: Peluang dan Ancaman Bagi
NKRI. Retrieved from http://Maritimblog.Blogspot.Com/2011/11/Alur-Laut-
Kepulauan-Indonesia-Peluang.html.
Bunar, B. (2009). Penyelundupan Manusia Masih Rawan di Batam. Retrieved from
https://www.republika.co.id/berita/shortlink/86896.
Bungin, B. (2007). Penelitian Kualitatif : Komunikasi, Ekonomi, Kebijakan Publik, dan
Ilmu Sosial Lainnya. Jakarta: Kencana Prenada Media Group.
Creswell, J. W. (1998). Qualitative Inquiry and Research Design, Choosing Among Five
Traditions. California: Sage Publication.
Dipua, A., Hermawan, R., Puspitawati, D., Harahap, N., Rizanny, D., & Prakoso, L. Y.
(2020). An Analysis of The South China Sea Conflict: Indonesia’s Perspectives,
Contexts and Recomendations. PalArch’s Journal of Archaeology of
Egypt/Egyptology, 17(4), 976–990.
Dupuy, T. N. (1986). Understanding War: Military History and the Theory of
Combat. New York: Paragon House.
Edward III, G. C. (1980). Implementing public policy. Congressional Quarterly Press.
Djalal, H. (1995). Indonesia and the Law of the Sea. Jakarta. Centre for Strategic and
International Studies.
A.S.B.L Degres. https://www.degres.pw 172degres A.S.B.L Degres
Article
Gultom, I. P. (2018). Mengenal Ilmu Pertahanan, Sebuah Pengantar. Retrieved from
https://www.qureta.com/post/mengenal-ilmu-pertahanan.
Kristin, D., & Dewi, C. T. I. (2017). Tindak Pidana Kejahatan Penyelundupan Manusia
(People Smuggling) di Indonesia: Tanggug Jawab Indonesia dan
Australia. Padjadjaran Journal of International Law, 1(1), 84-100.
Kurniawan, C., Widyarto, S., & Prakoso, L. Y. (2018). Implementasi Struktur Birokrasi
Strategi Pertahanan Laut Menghadapi Ancaman di Perairan Provinsi Sulawesi
Tenggara. Strategi Pertahanan Laut, 4(1), 1–18.
Kusuma, A. W., Prakoso, L. Y., & Sianturi, D. (2019). Sinergitas Komando Armada I
dan Badan Keamanan Laut Republik Indonesia dalam Strategi Pertahanan Laut
Guna Memberantas Kejahatan Lintas Negara di Selat Malaka. Strategi
Pertahanan Laut, 5(2), 51–64.
Kementrian Luar Negeri Republik Indonesia (2019). Kejahatan Lintas Negara.
Retrieved from https://www.kemlu.go.id/id/kebijakan/isu-
khusus/Pages/Penanggulangan-Kejahatan-Lintas-Negara-Teroganisir.aspx.
Mamahit, D. A. (2014). Konflik Laut China Selatan berdampak ke Indonesia. Retrieved
from https://nasional.kontan.co.id/news/konflik-laut-china-selatan-berdampak-ke-
indonesia.
Nardy, J., & Diana, L. (2015). Penyidikan Pelaku Tindak Pidana Penyelundupan
Manusia Berdasarkan Kitab Undang-undang Hukum Acara Pidana oleh
Kepolisian Resor Kota Pekanbaru (Doctoral Dissertation, Riau University).
Octavian, A. (2018). Danseskoal: Ancaman Selat Malaka Dapat Ganggu Perekonomian
Global. Retrieved from http://maritimnews.com/2018/11/danseskoal-ancaman-
selat-malaka-dapat-ganggu-perekonomian-global/.
Palupi, E., Dar, D., Suhardono, E., Sianturi, D., Prakoso, L. Y., & Bangun, E. (2021).
Sea Defense Strategy Strengthening Through Improving The Readiness of
Indonesian Naval Vessel Crew (Study: The Health Office of 1st Fleet
Command). Journal of Social and Political Sciences, 4(1).
https://doi.org/10.31014/aior.1991.04.01.266
Prakoso, L. Y., & Aprilliyani, R. (2021). Implementasi Ilmu Teknik Elektro Bidang
Pertahanan dan Militer. CV. Aksara Global Akademia.
Prakoso, Lukman Yudho, Suhirwan, & Prihantoro, K. (2020). Sea Defense Strategy and
Urgency of Forming Maritime Command Center. Jurnal Pertahanan, 6(2), 200–
211. https://doi.org/http://dx.doi.org/10.33172/jp.v6i2
Prihantoro, K., Prakoso, L. Y., Suhirwan, S., & Kusmiati, M. (2021). Metode SWOT
AHP dalam Merencanakan Strategi Pertahanan. CV. Aksara Global Akademia.
Rachmad, M., Zaini, A., Bangun, E., Prakoso, L. Y., & Sianturi, D. (2021).
Strengthening the Marine Defense Strategy of Lanal Banten Area through
Empowerment of the Traffic Separation Scheme in the Sunda Strait. Journal of
Social and Political Sciences, 4(1). https://doi.org/10.31014/aior.1991.04.01.268
Rifqi, M., & Prakoso, L. Y. (2020). Policy Implementation in Handling Transnational
Crimes in Indonesia Sea. International Conference On Business & Social Science.
Risahdi, M., Jaddawi, M., Mansyur, Henny, A., Prakoso, L. Y., & Martani, W. R. (2020).
Ambiguous Policy on Securing the Vital Objects of The Indonesian Armed
Forces in East Java. Public Policy and Administration Research, 10(1), 52–56.
https://doi.org/10.7176/ppar/10-1-08
A.S.B.L Degres. https://www.degres.pw 173degres A.S.B.L Degres
Article
Sartono, Prakoso, L. Y., & Sianturi, D. (2019). Kebijkan Pemerintah dalam Upaya
Penanganan Ilegal Fishing dalam Sudut Pandang Pertahanan Negara di Laut.
Strategi Pertahanan Laut, 5(1), 51–72.
Setyosari, P. (2010). Metode Penelitian Pendidikan dan Pengembangnnya. Jakarta:
Kencana.
Sinaga, L. C. (2011), Menilik Alur Laut Kepulauan Indonesia II. Retrieved from
http://www.politik.lipi.go.id/kolom/kolom-1/politik-internasional/413-menilik-
alur-laut-kepulauan-indonesia-ii.
Suhirwan, & Prakoso, L. Y. (2019). Defense strategy at sea handling of Transnational
Organized Crime (TNOC) in Nunukan Indonesia’s national sea border. IOP
Conference Series: Earth and Environmental Science, 339, 12043.
https://doi.org/10.1088/1755-1315/339/1/012043
Supryanto, M. (2014). Tentang Ilmu Pertahanan. Jakarta: Yayasan Pustaka Obor
Indonesia.
Supriyono, Prakoso, L. Y., & Sianturi, D. (2019). Pentingnya Penanaman Nilai-Nilai
Kebangsaan bagi Masyarakat Pesisir Pulau Terdepan sebagai Upaya
Keikutsertaan Warga Negara dalam Bela Negara. Strategi Pertahanan Laut, 5(3),
117–132.
Undang-Undang Republik Indonesia Nomor 3 Tahun 2002 Tentang Pertahanan Negara.
Undang-Undang Republik Indonesia Nomor 5 Tahun 2009 Tentang Pengesahan United
Nations Conventions Againts Transnational Organized Crime.
Rahmat, Y. (2018). Menhan: Dinamika Global, Regional dan Nasional Jadi Tantangan
Pertahanan Negara. Retrieved from https://infopublik.id/read/258805/menhan-
dinamika-global-regional-dan-nasional-jadi-tantangan-pertahanan-negara.html
Thompson, J. (1991). Lifeblood of war: logistics in armed conflict, Brassey's Classics.
London: Brassey's (UK) Limited.
Widiarto, S., Prakoso, L. Y., Suhardono, E., Warka, I. W., & Dar, D. (2021).
Optimization of Sea Defense Strategy Through Operation of the Hospital
Auxiliary Vessel to Support National Defense. Journal of Social and Political
Sciences, 4(1).
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