DEFENSE DIPLOMACY IMPLEMENTATION: THE SYNERGY OF INDONESIA AND AUSTRALIA IN DEALING WITH ILLEGAL IMMIGRANTS IN THE SEA BORDER

DEFENSE DIPLOMACY IMPLEMENTATION: THE SYNERGY OF INDONESIA AND AUSTRALIA IN DEALING WITH ILLEGAL IMMIGRANTS IN THE SEA BORDER

Renni Novia Saputri Gumay 1 , Amarulla Octavian 2 , Yoedhi Swastanto 3

Indonesia Defense University

(renninoviasg@gmail.com1, amarulla.octavian@idu.ac.id2yoedhi_unhan@yahoo.com3)

Abstract - Illegal Immigrant is a common problem between Indonesia and Australia. However, in handling the problem in sea border, Indonesia take a humanitarian approach while Australia take security approach through Operation Sovereign Border that had resulted to diplomatic confrontation. Therefore, this study focus on analyzing synergy of the two countries in dealing with illegal immigrant in sea border area. This study uses national security, migration as security issue to analyze national interest. Cooperative security, defense diplomacy, synergy concept and naval diplomacy theory to analyze defense diplomacy implementation as a whole. The approach of this study is qualitative method through data collection processed by software NVivo which are beneficial for coding, triangulation, and finding relations among interviewees while Soft System Methodology used as data analysis technique consist of seven steps that are very comprehensive in explaining the whole study. The results of this study showed the two countries have not synergized yet. Indonesia and Australia have common non-traditional security interests and different traditional security interests because Indonesia has a territorial importance base opposed to Australian immigration interests. Indonesia and Australia have been doing bilateral defense diplomacy through 2 + 2 Dialogue, Defense Ministers Meeting and Navy to Navy Talk but have not produced a concrete solution, therefore sharing responsibility and Confidence Building Measures have not been achieved. Thus, naval diplomacy is required to support defense diplomacy through coordinated patrols that Standard Operating Procedure and Standard Exercise Procedure must be formulated in order to achieve interests of both countries.

Keywords: Illegal Immigrants, National Security, Defense Diplomacy, Synergy, Soft System Methodology

Introduction

and asylum eographically, the marine

people

(refugees

seekers) which uses ships from home territory of Indonesia became

country to countries that receive refugee the main crossing for displaced

(countries that ratify the 1951 Convention

1 Master students of Diplomacy of Defense Program, Faculty of Strategy Defense, Defense University (Cohort 8).

2 Laksda TNI Dr. Amarulla Octavian, S.T., M.Sc., D.E.S.D is a Permanent Lecturer of the Defense University's Maritime Security Studies Program.

3 Lieutenant General TNI Dr. Yoedhi Swastanto, M.B.A is a Permanent Lecturer of the Defense University of Diplomacy Defense Studies Program.

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 63 Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 63

influences Australia's domestic policy. In Indonesia, the immigration laws do not

Refugee), namely

Australia. In

Minister (PM) Tony define displace

Prime

Abbott operates a policy of restriction and everyone who comes without full

people, but

rather

prevention of the entry of asylum-seekers, immigration document is regarded as

even refugees who came by ship to a illegal immigrant.

territory popularly called Turn-Back-Policy Indonesia also becomes a 'transit

(TBP). The changes on the term country' for displaced people. This context

of Irregular Maritime Arrivals (IMA) is when immigrants are captured by

into Illegal Maritime Arrivals (IMA) marks a Indonesian authorities and placed in the

policy restrictive policy. Immigration Detention Center (Rudenim)

TBP was implemented through the or when immigrants intentionally reside in

deployment of the Operation Sovereign Indonesia because they cannot go

Border (OSB) in which the personnel are towards the destination country due to

the Border Protection Command (BPC) as the lack of appropriate documents or

a multi-agency task force tasked with the result of a country’s objective that

identifying and responding to illegal implements sophisticated border check

activities in the territory of the Australian control and a controlled immigration

Maritime Jurisdiction (AMJ). The BPC system. 4 comprises of Australian Customs and

Border Protection Service (ACBPS) and people globaly continues to increase due

The number

of displaced

the Australian Defense Force (ADF). OSB is to the escalation of conflict in the country

allowed to intercept, return/turn back, or of origin. By the end of 2016, the United

when allowed, they will return the ships to Nations

Indonesia/tow back ship. Refugees (UNHCR) reported that there

The practice of this policy creates were 65.6 million displaced people. The

tensions between Indonesia and Australia increased number of displaced people is

because the OSB commits a violation on also experienced by Australia, which was

Indonesia’s sovereign territory. On

4 Graeme Hugo, dkk, Indonesia as a Transit of Immigration and Border Protection, 2014), p. Country in Irregular Migration to Australia,

(Canberra: Australian Government Department

64 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

December 19 2013 and January 6 2014, Abbot declares that he prefers to be Australian warships entered Indonesian

criticized for being a little closed about this waters up to 7 miles off the Coast of Rote

issue and completely stopping the flow of Island, East Nusa Tenggara (NTT) to bring

asylum seekers 7 .

back immigrant’s transport boats that will Based on these problems, it is a need go to Australia. Although Australia has

to assessed Indonesia and Australia apologized, violations still occur. In June

synergy in the efforts of dealing with the 2015 there was a ship from Australia that

problem on illegal immigrants in the sea carries 65 foreign immigrants that was

border of Indonesia Australia region. The detained by the Indonesian Authority near

contents of this issue are not only at the Rote Island.

state level but also at the operational level The violations led to a diplomatic

in the sea. To address the issue, confrontation. On 2015 Australian Foreign

this study analyzes the national interest Minister Julie Bishop blames the

of Indonesia and Australia in dealing with Indonesian government that cannot keep

illegal immigrants from the perspective of

national security and how Indonesia- Indonesian Defense Minister Ryamizard

its border with good care 5 . Meanwhile,

Australia's defense diplomacy deals with Ryacudu expressed his objection if the

illegal immigrants in maritime boundaries. Australian government imposes all responsibility of the asylum seekers to

Research Method

Indonesia by returning the immigrants, The method of this research is qualitative because Indonesia is not a refugee

method, which is to understand the recipient country, "Australia can not

meaning of an individual or group on the relinquish its responsibility to the

phenomenon that is being studied 8 . The international law” 6 . Meanwhile, the PM

data sources that are used are primary

5 Andrean Gerry Tuwo, "Australian Foreign Lepas.Tanggung. Answer.Soal.Imigran.Green, Minister Attack Indonesia Related Illegal

accessed on July 18, 2017. Immigrant", 2015, in http://global.liputan6.com

7 “ Australian PM Self-Defense on the issue of /read/2252235/menlu-australia-serang-

Refugees", indonesia-terkait-imigran-gelap, accessed on 18

Handling

2014, in http://www.dw.com/id/pm-australia- July 2017.

bela-diri-soal-pengungsi/a-17350604, accessed 6 Sabrina Asril, "Indonesia Asks Australia Not to

on June 19 2017.

back away from its Responsibility on illegal 8 John W Creswell, Research Design: Qualitative, Immigrants"

Quantitative, and Mixed Methods Approach 3 rd 2015, in http://nasional.kompas.com/read/2015/

Edition, (USA: Sage Publications, 2009), p. 4. 06/16/04032761/Indonesia.Minta.Australia.Tak.

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 65

66 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

data through interviews and secondary data through literature review and other documents from various sources. Data that has been collected is processed with NVivo software. NVivo serves as an aids in classifying various types of data, data coding and visualize data mapping. As a result, triangulation of data is achieved and the relationships between data and resource persons is illustrated as can be seen in Figure 1.

This research uses Soft System Methodology (SSM) that was developed

by Peter Checkland (2010) as a data analysis procedure. SSM is very useful in analyzing

complex phenomena, unstructured views, and different views of

a phenomenon. Comprehensively, this method has seven stages, described as in Figure 2.

SSM divides analyzes into real world (real-world conditions) with the system thinking about real world (ideal condition that was compiled by the researcher). Authors will compare between real world and system thinking which is formulated

Figure 1. Data Triangulation with Nvivo Source: Processed by the Authors, 2017

1. Problem

7. Changes: systematically

situation

desirable; culturally

6. Acton to improve the

2. Problem

problem situation

situation expressed

5. Comparison of models and real world

REAL WORLD

3. Root definition of

SYSTEM THINKING relevant 4. Conceptual model of

purposeful

the systems named in

activity system

the root definition

Figure 2. Stages of SSM Source: Checkland & Scholes, 1990: 27

by researchers so that when it is compared analysis (Intervention, Social and Political through conceptual model (stage 4) so

Analysis) then it’s presented with a picture that the gap can be found which will be

called rich picture 9 . Rich picture presents discussed with involving concepts and

an outlook (world view) of stakeholder theories to create recommendation or

roles and their principal attention related proposed significant changes to the

to the research problems in the real world problem.

that was compiled from the coding and triangulation with NVivo software.

Results and Discussion

Intervention Analysis aims to The first stage which is to determine the

understand the party that resulted this phenomenon that is being considered as a

research namely:

problem, has been done in the

1) Clients (C), the person who caused the introduction section. The second stage is

intervention related to problematic the stage of casting the complex problem

situations: researchers and counselors. situations that was first done with the 3

2) Practitioners (P) the person who do the research: Researchers

9 Sudarsono Hardjosoekarto,

Soft

System

Methodology, (Jakarta: UI Press, 2012), p. 63.

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 67

3) Owners (O) those affected by the the Ministry of Defense and the Ministry of improvement efforts on problematic

Foreign Affairs. Figure 3 is a Rich Picture situations: Regulators (Ministry of

that outlines the essence of the Foreign Affairs, Ministry of Defense, DG

informant's view of the research problem. of Immigration) and Executives (Army & Navy Headquarters).

Discussion

On the social Analysis it is known In SSM, this discussion is the sixth step that the leading sector of defense

is changes: diplomacy is the Ministry of Defense which

application

which

systematically desirable, culturally feasible defines and implements the defense

that is the stages of determination and policy and the Ministry of Foreign Affairs

formulation of changes that need to be as the organizer of state affairs in the field

done. This can be done by discussing the of foreign policy. While at the operational

gaps found in the conceptual model that is level, the Navy is running a policy under

between real world with system thinking the Navy Headquarters in accordance with

(Stage 5) after previously formulating the

Figure 3. Rich Picture Source: Processed by the Authors, 2017

68 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 68 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

traditional and non-traditional that refers research recommendations in the

to the type of threat to security itself 12 . The conceptual model (Stage 4). Therefore,

security dimensions has different security this discussion section elaborates the

units, values and characteristics of survival background, the data and findings in the

and threats 13 . Anak AB Perwita and Yanyan field as well as the theoretical framework.

M. Yani in his book "Introduction to International Relations" and Joshua

The Importance of National Security of

Praditya in his book "Security Indonesia"

Indonesia and Australia

describes the security concept in detail. To

Indonesia

analyze the security of traditional Before discussing further about national

dimension or non-traditional security, the security interests of both country, firstly

characteristics of both subjects and we will discussed about the theoretical

objects are required. These characteristics framework underlying the research

are formulated into five, namely the origin analysis. According to David Baldwin,

of the threat, the nature of the threat, understanding the concept of security is

security approach (changing response), very important to determine what kind of

the responsibility for security (changing security conditions that is expected by

responsibility), and the value of the

security (core values of security). implies the concept of security as the

individuals and groups 10 . Arnold Wolfers

Furthermore, there’s a need for a absence of threats to the values that

perspective on migration which is wants to be achieved and the absence of

considered a security issue to support the

national security concept of the problem. security refers to 'referent' objects that

fear of attacks on those values. 11 Thus,

Undocumented migration can be viewed can be a basic needs to protect the

as a criminal act which is as an illegal national interests of the country.

migration but on the other hand it is not In its development, there are two

considered to be so, as it is a form of self

10 David Baldwin, 1997 in Joshua Praditya, Security Science, ( Bandung: PT Remaja Rosdakarya in Indonesia , ( Depok: Nadi Pustaka, 2016), p. 3.

Offset, 2006 ), p. 121.

11 Wolfers dalam Anak A.B.Perwita and Yanyan M. 12 Richard Ulman dalam Ibid, p. 123. Yani, Introduction to International Hubugan

13 Barry Buzan dalam Ibid, p. 122.

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defense (survival) 14 . In his book "Asylum

(due to conflict, persecution and Contemporary World", David J, Whittaker

and Refugees

in

the

criminalism) to safer areas; secondly, the explains in the last two decades a mixture

sovereignty and territorial integrity of of fear, misunderstanding, prejudice and

some countries are lacking in the political xenophobia

ability to stop other citizens from passing exclusionary stance among government

over the authority of the destination and society at large. It encourages a

country; and third the impacts of 'closed door' response to migration in

migration policies often do not match the many places that causes migrant rights

proportion of the rising number of and most importantly displaced people to

immigrants

in competition, state

be eroded in the migration process. challenges, and pose a threat to the In most of the contemporary

state 16 . Seeing these views, there is a Europe, asylum seekers are perceived as a

condition in which illegal immigrants can burden to the state and as a threat to

threaten national security contextually.

Referring to the above concept, this chapter

political and economic stability 15 .In a sub-

study finds a gap that Indonesia bases its International Regime for Mobility and

national security interests on a theoretical Security," Koslowski discusses from the

basis while Australian base is immigration. Realist view that the migration of refugees

Indonesia's territorial bases make and unarmed workers when they cross-

Indonesia approach a humanitarian rather country boundaries should not be

than a security approach such as Australia included in security issues. Nevertheless,

in handling the illegal immigrants arriving international migration is a security issue

by sea.

with the reason that is first, the Indonesia's national interests in the phenomenon of migration is defined not

perspective of national security are only in the economic context but in the

inseparable from strategic environments,

14 Lopez, 2007, in Ho and Loucky, Humane 16 Weiner, 1995. in Rey Koslowski, “Towards an Migration: Establishing Legitimacy and Rights for

International Regime for Mobility and Security” Displaced People , ( Virginia: Stylus Publishing,

in Kristof Tamas and Joakim Palme, Globalizing 2012).

New Challenges to 15 David J. Whittaker, Asylum Seekers and Refugee

Migration

Regimes:

Transnational Cooperation, (USA: Ashgate in the Contemporary World, (Oxon: Routledge,

Publishing Company, 2016), p. 277. 2006), p. 19.

70 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 70 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

with immigrants when they are in immigrants to Australia.

Indonesia ranging from giving permission Data

to pass, giving rescue at sea, put them in

Rudenim with the required facilities and Australia's waterways that becomes the

Headquarters in 2017 17 shows that

give authority to the UNHCR to process entrance for immigrants is the territorial

their status. Until August 2017, Indonesia waters of northern Sumatra Island to

was still accommodating 14.337 illegal Banten, Java,West and NTT. They are

immigrants spread across Rudenim, forced or intentionally stop in Indonesia

temporary shelter and accommodation / with some preconditions such as; the ships

community house 18 .

carrying them experience problems such This territorial-based humanitarian as leaks, runs out of supplies, ran out of

approach generally does not view illegal fuel and bad weather that caused distress.

immigrants as a threat. Indonesia must According to Presidential Regulation

give permission for immigrants to pass No. 125 of 2016 concerning the Handling of

through the Indonesian sea territory as Refugees from Abroad, there is still no

long as it does not violate the existing mechanism in Indonesia that regulates

provisions. This is set out in Articles 17 and immigrants that have not yet been

18 of the United Nations Covention on The determined its status by UNHCR.

Law of the Sea (UNCLOS) which governs However, although it has no obligation to

the right of innocent passage. Article 24 fulfill the right under the Convention,

Paragraphs 1 and 2 of Article 25, Indonesia is a country that ratifies the

paragraphs 1 and 2 of 1982 also stipulates Universal Declaration of Human Rights so

that the state shall not preclude foreign it has the obligation to assist and

vessels that is passing peacefully in accommodate illegal immigrants from the

accordance with the provisions of the side of the fulfillment of human rights.

Convention. Article 98 of UNCLOS The question that then arises is what

requires the ships captain to provide aid to kind of human rights? The study found that

any person found at sea, such as ships

17 Data from Navy SOPSAL Headquarters was 18 Data from Directorate General of Immigration, obtained by researchers at the time of research

2017 and UNHCR 2017.

data collection, September-November 2017.

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into immigrant origin countries (currently International Convention for the Safety of

only based on UNHCR). At the same time, Life at Sea 1974 which has been ratified by

illegal immigrants also commit criminal Indonesia and Australia regulates the

acts such as sex workers, which are state's obligation to help people in need of

harmful to social security. The lack of a help at sea.

legal framework that becomes a reference Indonesia's efforts to uphold

in handling this issue, can be a gap in humanity are not without obstacles to find

security issues.

a way out. The flow of immigrants globally Another non-traditional security and the presence of illegal immigrants also

threat is the transnational crime of human has an impact on national security.

smuggling, especially across national Perdemuan Sebayang and Yudo

borders where marine border areas Margono 19 mentions that one of the

become the main gateways. As per the security threats suffered by Indonesia is

White Book of the Republic of Indonesia that the government and the public do not

(2015), transnational crimes of human know clearly who the illegal immigrants

smuggling are a real threat to security and are, both status and profession. They can

defense. According to Yudo Margono,

be a threat if it turns out that they are a smuggling illegal immigrants is a criminal terrorist

offense. 20 Illegal immigrants mostly use understandings. This view is in accordance

smuggling agents to move in order to gain with the concept of Migration as an issue

access to the destination country. of security where immigrants who come

From the above discussion, the may have certain influences such as

importance of national security in the non- identities that is conflicted with domestic

traditional security perspective for politics. The Indonesian government has

Indonesia is formulated in Table 1.

Margono (Expert, Commander of Kolinlamil), 9 (Deportation Sub Directorate of Immigration

19 Interview with

Control Immigration Directorate, Directorate 20 Interview with Yudo Margono (Expert, General of Immigration Ministry of Law and

Commander of Kolinlamil), 9 November 2017. Human Rights), 16 October 2017 and Yudo

72 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

Table 1. Indonesia's Perspective on Non-traditional Security Threats

Indonesia Perspective Dimensions The origin of

Security

Non-Traditional Security

Threats come from the domestic

Illegal immigrants located in the

threat

environment

territory of Indonesia

The nature of

Threats are non -military

(1) social security (2) criminalism

threat

(3) transnational crimes of human smuggling

Changing response Non - military approach, through legal, (1) legal approach such as

economic, social, and diplomacy

criminal and deportation (2)

approaches

social approach such as supervision

Changing

Security actors are seen in the

Individuals, organizations,

responsibility of

cooperation of individuals,

countries

security

organizations, and countries on a global level

Core values of

The object of security is a respect for

respect for human rights, the

security

human rights, environment, social life, environment, social life and human security.

Source: Processed by the Authors, 2017.

In addition to the security impacts in of a restrictive policy, Turn Back Policy. the emerging non-traditional security

Territorial base actually show a dimensions, the issue of illegal immigrants

pattern that the Army is the one that has also affects the traditional dimensions.

the function of control at the border as a This traditional dimension is a defense

defense tool for outermost state. This aspect. According to Riaz Saehu, Rashid Al-

control function correlates with the arrival Hafiz, Arif, and Sugeng Suryanto 21 ,

of ships carrying immigrants as well as Indonesia's national interest from a

Australian territorial violations within the traditional security perspective is to

OSB. From the above discussion, the safeguard Indonesia's sovereignty from

importance of national security in the Australia's territorial violations. Australia

perspective of traditional security for proved to violate Indonesian sovereignty

Indonesia is formulated as in Table 2. when implementing the implementation

21 Interview with Riaz Saehu (Deputy of Astimpas of Bilateral Cooperation , DG of Strahan of Directorate General of Aspasaf of the

Defense Ministry), 9 November 2017 and Indonesian Ministry of Foreign Affairs), 3

Sugeng Suryanto (Head of Sub Sunjakbang, DG November 2017 , Rashid Al- Hafiz (Navy’s

Strahan of Defense Ministry), October 2nd, Pabandya International Cooperation SOPSAL) ,

October 25, 2017 ; Arif ( Head of Sub Directorate

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 73

Table 2. Indonesia's Perspectives on Traditional Security Threats

Indonesia Perspective Dimensions The origin of

Security

Traditional Security

Threat comes from outside

The nature of

Threats are military

Australia Border Protection Command

threat

(BPC)

Changing response Military approach Defense Diplomacy by the Ministry of Foreign Affairs and the Ministry of Defense at the strategic policy level and Navy on the operational level

Changing

Country as a single actor

Government of Indonesia through

responsibility of

Ministry of Foreign Affairs and Ministry of

security

Defense

Core values of

The security object is the

The sovereignty of the Indonesian state

security

sovereignty and territorial

on the Sea Border

state

Source: Processed by the Authors, 2017.

Australia

The policy can be said to be Roberth Plath, Australia's Defense

successful. The data show that over the Attaché explains that Australia's national

year 2013, the number of illegal interest in dealing with illegal immigrants

immigrants coming through the sea has on the border is to keep the maritime

decreases. In 2015-2016 there are no ships border so that not everyone can easily

carrying immigrants (immigrant arrival by enter the Australian territory 23 22 . For boats) that enter the Australian territory .

Australia, the policy against illegal This can happened because in the same immigrants is neither a defense policy nor

year, ships that will enter the territory of

a policy of the Australian Defense Force Australia is returned, especially to the (ADF). However, the key to handling IMA

territory of Indonesia.

is on the border guarding so that There is no document that mention authorities can filter out who will enter.

the OSB area clearly, considering the blue The policy on guarding the sea border is

print is very secret as revealed by Julia under Immigration Act, where Navy is also

Paulsen in her thesis on 2016. However, assigned to the BPC.

Bob Plath stated that the operation is

22 Interview with Robert Plath, Attache of (Canberra: Parliamentary Library Research Defense Australia , 21 September 2017.

Paper Series 2016-17, updated November 16, 23 Janet Phillips, Boat Arrivals and Boat Turn back

in Australia Since 1976 and Boat Turn back in Australia: A Quick Guide to the Statistics

74 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 74 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

Indonesian authorities will be processed takes place at international sea or ZEE.

according to the Presidential Order From this, the study argues that

(Perpres) on Refugee and placed in Australia's national security is base on

Rudenim, not immediately denied its entry immigration, where immigrants that goes

into territorial territory. to Australia are not considered as asylum

On the other hand, Australia also seekers or refugees but illegal immigrants

refuses the entry of illegal immigrants into who do not have immigration documents

the country due to illegal ways that was so that they are considered threats to be

done by illegal immigrants. There are two prevented from entering the territory.

conditions, firstly Australia knows that Referring to the concept of

there is a role of smugglers services that Immigration as a Security Issue, one

bring them from home country and reason why immigrants are considered a

second is illegal immigrants take threat is that immigrant movements

smuggling services depend on the ability of states to control

advantage

of

originating from Indonesia after they state borders to filter who is allowed to

transit or are placed in Rudenim. enter in accordance with the country's

The entry of illegal immigrants is domestic policies. This view becomes

influenced by the factor of access to a rational when Australia adopts a security

country which one of it is the direct border approach. It becomes very urgent for

countries. After the 9/11 bombing, for Australia’s approach by involving ADF

example, the United States paid attention security to guard the border as a filtering

to Canada's border control and refugee mechanism/filter. Filtering is done

policy 24 . Riaz Saehu explained that because Australia holds a view that the

Australia has an enormous national immigrants will threaten the security of

security interest regarding the entry of individuals and society. This is clearly

immigrants that it could be a returnis contrary to Indonesia, because illegal

terrorist foreign fighters 25 . The national immigrants who enter are still considered

security interests in the non-traditional

24 Alison Mountz, Seeking Asylum: Human 25 Interview with Riaz Saehu ( Deputy of Smuggling and Bureaucracy At The Border, (USA

Astimpas, Indonesian Ministry of Foreign : University of Minnesota Press, 2010), p. 11.

Affairs), 3 November 2017 .

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 75

Australian security perspective are benefit to eradicate illegal smuggling of formulated in Table 3.

illegal immigrants.

From the discussion of the national security perspective of both countries, the

Cooperative Security: Indonesian-

interests of the two countries are

Australian Defense Diplomacy Umbrella

opposite, but there is the same interest Carter, Perry, and Steinburner assume that which is related to the issue on illegal

war is inevitable so that a prevention immigrants smuggling. So that the

commitment is required. The existence of recommendations that can be given is that

cooperative security is expected to both countries need to synchronize their

prevent the war. Following this logic, the perspective that the handling of illegal

problems of both countries and immigrants at sea borders are for the

confrontations also require a preventive

Table 3. Australian Perspective on Security Threats

Australia Perspective Dimensions

Security

Non-Traditional Security

The origin of

Threat comes from the domestic

Illegal immigrants located in

Threats come from the international

IMA and IMA smuggling

environment

The nature of

Threats are non-military

Security threats on social society

threat

and returnis foreign fighters

Changing response

A non-military approach, through

border control

legal, economic, social, and diplomacy approaches

through operations by BPC

Changing

Security actors are seen in the

Department of Immigration and

responsibility of

cooperation of individuals,

Border Guard (ACBPS and ADF)

security

organizations, and countries on a global level

Core values of

The object of security is respect for

Australian individual and social

security

human rights, environment, social life, security and human security.

Source: Processed by the Authors, 2017

76 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 76 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

disputes that may arise peacefully. cooperative security that is to ensure that

It is in accordance with the concept countries have mutual ownership and

of cooperative security as stated by adaptability 26 . Mutual benefit to ensure

Australian Foreign Minister Gareth Evans security is the ends of cooperative

which revealed that cooperative security security.

is the desire to hold a consultation on

confrontation, peace (reassurance) rather Cooperative Security as a more peaceful

Cohen and Michael 27 describes

than mutual threatening (deterrence), yet realistic security approach, one of

transparency rather than secrecy, which is pursued by cooperation. In

prevention rather than improvement, and essence, Indonesia and Australia have the

prevention rather than unilateralism 28 . same views in viewing of security and

Lombok Treaty marks the attention defense in general as set forth in the

and commitment of both countries to set cooperation agreement namely:

up law enforcement cooperation to First, Lombok Treaty as the

combat transnational crime as well as a foundation's of bilateral security and

legal umbrella of various fields of bilateral defense

cooperation in the field of security and Indonesia and Australia agree to be guided

fields. Ministry of Foreign by the basic principles that are in line with

other

Affairs stated that this agreement marks a the UN Charter, namely equality; mutual

new era in relations between the two respect and support of sovereignty,

countries so that sensitive issues can be territorial integrity, national unity and

a stronger political

confronted

with

foundation. The signing is based on interference of political affairs; does not

the national interests of the two support activities that threaten stability,

countries where

the Indonesian government has a great interest in

26 Carter, Perry, and Steinburner , A New Concept 28 Gereth Evans in Richard Cohen and Michael of Cooperative

Security, (Massachusetts: Mihalka, Cooperative Security: New Horizons for Brooking Institution Press, 1992), p. 8.

International Order, (European Center for 27 Richard

Security Studies 2001), p. 4. Cooperative Security: New Horizons for International Order, (European Center for Security Studies 2001).

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the form of cooperation to control and great interest in the issue of terrorism and

manage the movement of illegal other

immigrants in the border region of the two Indonesia. Although there is already

including a check Lombok

countries,

point immigration in the maritime between the two countries are still ups

Treaty, bilateral

relations

area that became the entrance of illegal and downs, such as the case of

immigrants using boats. wiretapping and execution of Bali Nine

Thirdly, on March 9, 2010, Indonesia offenders, not to mention the problem of

and Australia signed the "Implementation illegal immigrants on the sea border.

Framework for Cooperation between the Secondly, On October 9, 2006, the

Government of the Republic of Indonesia Government of Republic of Indonesia

and the Government of Australia for represented by the Minister of Justice and

Combating People Smuggling and Human Rights, Hamid Awaludin and

Trafficking" (hereinafter referred to as the Australia represented by the Minister of

Framework). Through Immigration and Multicultural Affairs

Implementation

this framework, both countries agreed to Amanda Vastone signed a Memorandum

strengthen efforts to deal with people of Understanding on Migration and

smuggling and trafficking in persons by Immigration, and Border Control.

developing and implementing other This memorandum of understanding

necessary strategies and activities. Both goes well which was proven with the

countries recognize the importance of regular meeting of the Joint Working

cooperation on a practical level to address Group on People's Smuggling and Human

of illegal Trafficking on 2017 which consists of three

the

challenges

immigrants. Again, this agreement also main core namely IT development, human

does not regulate the mechanisms for resource development, and information

handling people smuggling in maritime exchange. From the findings of the

boundaries.

research, the MoU does not specifically

of cooperative regulate irregular migration, particularly

The challenge

security is that it can only be done if each on the monitoring and exchange of

party has the same view of a goal that they information through sea routes. In the

want to achieve in the future. Refers 78 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 want to achieve in the future. Refers 78 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

been met. Human Rights Watch (HRW) security, security ties between Indonesia

of cooperative

issued a report stating that the refugees and

are experiencing matters contrary to cooperative security in spite of existence

Australia have

not

shown a

humanity such as violence and robbery 30 . of a cooperation framework that actually

Cooperative

security also

sees inward and outward aspects. Inward accommodate the security interests of

quite proper to be the basis to

national security both defense and security. Furthermore,

aspects, from

perspective of Indonesia and Australia Australia considers Indonesia as a partner

both saw the need to protect the area and and the problem of illegal immigrants

the resources that are inside, from illegal cannot be addressed without cooperation

immigrants who pose a threat. However, with

the outward aspect the two actually shows the attitude of transfer of

Indonesia. However,

Australia

from

countries have different views on which responsibility.

Australia has a base of immigration Firstly, in some cases, immigrants

interests and Indonesia's defense who were returned to the territory of

interests is territorial. These differences Indonesia were forced to be processed by

show that there is no common purpose Indonesia by placing them in Rudenim or

and view. Antje Missbach revealed that other shelters to be recorded by UNHCR,

the diplomatic confrontation that has whereas the immigrants did not want to

been done by Australia is likely due to

Australia's lack of respect for Indonesia, detention mechanisms outside Australia

be in Indonesia 29 . Second, immigrant

and not due to the lack of such as in Manus Island, Papua New

communication 31 .

Guinea, show that Australia does not want to be responsible for processing in the

Indonesia's Defense Diplomacy with

country. Although Australia provides

Australia

Rudenim facilities in Manus, several facts Defense diplomacy is an integral part of show that human rights aspects have not

Indonesian diplomacy. In eight major

29 Interview with Riaz Saehu, 3 November 31 Interview with Antje Missbach (Experts) via 2017 and Yudo Margono, 9 November 2017.

Email Correspondence, 22-30 October 2017. 30 “The Situation of Manus Island is more

concerning", Kompas , 2 November 2017.

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 79

Strategic Objectives of the Foreign Foster 34 defines defense diplomacy as the Ministry that need to be achieved in the

use of military force and related period 2015-2019, the first target is

infrastructure (especially the ministry of

defense) as a tool of foreign policy and border. Maritime and border diplomacy is

maritime diplomacy in a strong

security policy in peacetime.

a negotiation that is conducted by two or Referring to the concept of defense more countries concerning maritime

diplomacy, bilateral relations between cooperation and the determination and

Indonesia and Australia to negotiate on

have been both diplomacy, the Ministry of Foreign

handling of sea and land boundaries 32 . In

illegal

immigrants

October 26, Affairs is still the country's main actor to

established. On

2009, Australian Defense Minister John negotiate issues, including maritime

Faulkner met with Indonesian Defense affairs, including on the issue of illegal

Minister Purnomo Yusgiantoro in in the immigrants. However, diplomacy has not

Ministry of Defense, one of the main adequately represent the national

discussions was the issue of illegal interests of Indonesia related to territorial

immigrants 35 . So far Indonesia has basis which is to obviate the problems of

become a country where illegal illegal immigrants in sea border

immigrants transit to seek asylum in areas. Therefore, this

issue should

Australia 36 . In the same year, the

be addressed in defense diplomacy. Australian Government through Home Parulian

a Minister Brendan O'Connor had previously definition of defense diplomacy that is an

Simamora provides

views on illegal art to achieve the national interest by

expressed his

immigrants. He said that Australia relied using the capabilities and resources of

the efforts to tackle high-level people defense 33 . Furthermore,

Cottey

and

smuggling in that year on the commitment

and Anthony Forster, the Republic of Indonesia , " Strategic Target of

32 Ministry of Foreign

Reshaping Defence Diplomacy: New Roled for Ministry

Military Cooperation and Assistance, (New York: Affairs",2015 ,in https://www.kemlu.go.id/id/ke

bijakan/analasan-visi-misi- 35 "Indonesia's Minister of Foreign Affairs polugri/Pages/Management-Strategis-

Immigrants", 2009, Kementerian -Luar-Negeri.aspx, accessed on

Discusses

Dark

in http://ekonomi.kompas.com/read/2009/10/2 September 29, 2017.

6/20311322/menhan.indonesia- 33 Opportunities and Challenges of Defense

australia.bahas.imigran.gelap , accessed on Diplomacy, (Yogyakarta: Graha Ilmu, 2013),

80 | Journal Defense & State Defense | April 2018, Volume 8 Number 1 80 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

Defense of Indonesia and Australia Defense

discussed various strategic issues both Yusgiantoro asserted that the role of

Minister

Purnomo

related to bilateral relations and Army in handling illegal immigrants is to

regional and global developments 39 . only engage in the prevention of

dialogue of violations in which the immigrants pass

The

inaugural

2012 generates a joint statement that through

essentially Australia and Indonesia lane. Therefore, the Navy can perform the

enjoy a friendly and constructive operational activities such as patrol

The Australian Foreign observations in Indonesian waters. The

partnership.

Ministry announced that the two meeting of the two Defense Ministers is

cooperation relations only limited to political communication.

countries'

focused on counter-terrorism, maritime Hereafter, defense diplomacy in the

cooperation, humanitarian assistance bilateral diplomatic forum between the

and disaster relief and peacekeeping Indonesian

Australian government is as follows: Second dialogue was held on April

1) 2+2 Dialogue

13, 2013, Indonesia was represented by In the diplomatic world 2 + 2 refers to a

Defense Minister Purnomo Yusgiantoro meeting between two foreign ministers

and the Indonesian Foreign Minister and two

defense ministers of

Marty Natalegawa, while the Australian

government was represented by Dialogue was agreed upon during

Australian and Indonesian 38 .2 + 2

Australian Defense Minister Stephen President Yudhoyono's state visit to

Smith and Australian Foreign Minister Australia in March 2010. Through the 2 +

Bob Carr. The meeting discussed the

2 Dialogue forum, the Ministers of cooperation of illegal immigrants, the

37 Tanalle Smith, "Furor over Asylum Seeker", donesian/RS120412.html , accessed on 2009

December 25, 2017.

in https://www.thestar.com/news/world/2009/ 39 Ministry of Foreign Affairs, "Indonesia-Australia 10/23/furor_over_asylum_seekers.html , access

Relation", ed on December 24, 2017.

Bilateral

in https://www.kemlu.go.id/canberra/en/Pages 38 Mubarok,"Radio

/Australia.aspx , accessed on December 25, Indonesia

2012 , in http://indonesia.embassy.gov.au/jaktin

Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 81 Defense Diplomacy ... | Renni Novia Saputri Gumay, Amarulla Octavian, Yoedhi Swastanto | 81

Foreign Minister Julie Bishop and development

Minister Marise cooperation. Australia

Payne. The discussion discussed in this Indonesia to have a role in dealing with

wanted

meeting emphasizes the strengthening illegal immigration in which activities

of maritime cooperation. Maritime can be accomplished through the

cooperation to be enhanced include exchange of intelligent information,

sustainable development of the reviving

maritime sector, maritime cooperation, development of the rule of law

connectivity, science and technology enforcement agencies. The rise of

and handling of immigrant smuggling from South Asia

cooperation

transnational crimes such as IUU and the Middle East is the reason for

fishing and maritime cooperation in Australia to keep working with

IORA. In addressing the issue Indonesia and regard Indonesia as an

migrants , the important partner. While there has

of irregular

Minister reaffirmed its commitment to been a proposal to conduct a concrete

addressing this issue through the activity such as exchanging intelligence

multilateral Bali Process cooperation. information in dealing with illegal

The fourth dialogue was held on immigrants, this meeting has not

27 October 2016 in Bali. The meeting spawned a collective agreement.

was attended by Australian Foreign In 2014, 2+2

Minister Julie Bishop and Australian were halted due to bilateral problems,

Dialogues

Defense Minister Marise Payne, one of them being the tapping of

Indonesian Foreign Minister Retno Australia, which affected the relations

and Indonesian Defense between the two countries in various

Marsudi

Minister Ryamizard Ryacudu. The fields. By 2015, the third meeting take

meeting discussed three important place in Sydney, Australia. The meeting

agendas: maritime security, global was represented by Indonesian Foreign

security issues, and cooperation in the Minister Retno Marsudi along with

Pacific region. The outcome of the Indonesian

meeting agreed on some concrete Ryamizard

Defense

Minister

cooperation such as Australia's support 82 | Journal Defense & State Defense | April 2018, Volume 8 Number 1

Ryacudu Ryacudu

TBP policies and the handling of illegal Bogor, as one of the implementation of

immigrants and the smuggling of illegal the MoU on International Counter

immigrants in maritime border areas is Terrorism signed by both countries in

not the main agenda and is not

specifically addressed in this meetings. From the explanation of the 2 + 2

the same forum last year 40 .

In general, the issues discussed in Dialogue it can be concluded that

the meetings conducted from 2012 to defense diplomacy only reaches mutual

2017 are about personnel and training understanding, but no strategies policy

such as the Joint Naval Training Working has been produced to deal with illegal

Group (JNTWG), newest capabilities immigrants on the border of the two

Capability Technology countries' sea. That means, the

such

as

Management Program (CTMP) , global purpose of defense diplomacy to

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