Post on 18-Mar-2023
RESEARCH REPORT
THE IMPACT OF THE MORATORIUM OF INDONESIAN MIGRANT WORKERS PLACEMENT ON SOCIETY ATTITUDES TOWARDS HUMAN TRAFFICKING IN
EAST NUSA TENGGARA
Zero Human Trafficking Network Research Task Force Migrant CARE – Mensen met een Missie, The Haque, Netherlands
2020
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Research Report:
The Impact of the Moratorium of Indonesian Migrant Workers
Placement on Society Attitudes Towards Human Trafficking in East
Nusa Tenggara
Writers and Data Processing Team: Retno Agustin
Meifita Handayani
Yovi Arista
Zulyani Evi
Research Manager:
Mulyadi
Critical Reader:
Wahyu Susilo
Research Consultant:
Dr. Aris Arif Mundayat
Person in Charge:
Agus Duka SVD
Research Partners:
IRGSC Kupang, TRUK-F Maumere, JPIC Rumah Perlindungan Perempuan dan Anak SSpS
Flores Barat, Gereja Masehi Injili di Timor (GMIT), Rumah Harapan, Yayasan DIAN/ Interfidei.
Migrant CARE © 2020
Jl. Jatipadang I No. 5A, Jati Padang, Pasar Minggu,
South Jakarta,Daerah Khusus Ibukota Jakarta 12540
Website: migrantcare.net
E-mail: secretariat@migrantcare.net
This research was conducted by the Zero Human Trafficking Network (ZHTN) Research
Task Force in which Migrant CARE was the conductor and research coordinator with the
support of Mensen met een Missie, The Haque, Netherlands.
Table of Contents
Preface and Acknowledgements ........................................................................................... 1 List of Abbreviations ............................................................................................................... 2 Chapter 1: Preliminary ............................................................................................................ 4
Introduction ............................................................................................................................. 4 Research Questions ............................................................................................................... 6 Research Objectives and Benefits ......................................................................................... 6 Methodology ........................................................................................................................... 7
a. Research Approach .................................................................................................... 7
b. Research SItes ............................................................................................................ 7
c. Data Collection ............................................................................................................ 7
d. Instrument Test Results .............................................................................................. 9
e. Data Triangulation .................................................................................................... 10
f. Research Limitations ................................................................................................. 10
Literature Reviews................................................................................................................ 11 a. Human Trafficking ..................................................................................................... 11
b. Labor Migration Policy and Governance .................................................................. 12
c. Migrant Worker Moratorium ...................................................................................... 14
Chapter 2: Regional Overview.............................................................................................. 20 Socio-Economy and Infrastructure ...................................................................................... 20 Locally-Generated Revenue ................................................................................................ 22 Poverty ................................................................................................................................. 23 Social and Customary Contexts........................................................................................... 25 Employment ......................................................................................................................... 27
Employment Situation in NTT and in 3 Regions .............................................................. 27
Human Trafficking in NTT and in 3 Regions .................................................................... 30
Chapter 2 Summary ............................................................................................................. 32 Chapter 3:Results of the Survey of Community Attitudes in Three Districts ................ 34
Respondents Profile ............................................................................................................. 34 Society Attitude Toward Human Trafficking ........................................................................ 37
Cognitive Aspects ............................................................................................................. 41
Affective Aspects .............................................................................................................. 45
Behavioral Aspects ........................................................................................................... 46
Analysis between Variables and Clusters ........................................................................... 48 Cluster Analysis ................................................................................................................ 50
Chapter 3 Summary ............................................................................................................. 53 Chapter 4: General Patterns of Human Trafficking in the Moratorium Period ............... 55
Migration, Remittances, and Moratorium ............................................................................. 55 Moratorium and Governance Improvement, Are They Really Connected? ........................ 58 Victims of Trafficking in Persons, Risky Migration, and Moratorium ................................... 61
The Victims, and Society's Attitude to Human Trafficking ............................................... 62
Old Strategy Modes and Kinship Pathways ..................................................................... 65
New Strategy Modes ........................................................................................................ 67
Society Attitudes and Human Trafficking during the Moratorium Period ............................ 69 Chapter 4 Summary ............................................................................................................. 69
Chapter 5: Conclusions and Recommendations ............................................................... 73 Conclusions .......................................................................................................................... 74 Recommendations ............................................................................................................... 78
Bibliography ........................................................................................................................... 82 List of Tables .......................................................................................................................... 85 List of Charts .......................................................................................................................... 85
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PREFACE AND ACKNOWLEDGEMENTS
Praise be to God Almighty for the completion of this research report. As "joint program", this
research is a follow-up to the meeting of the Zero Human Trafficking Network (ZHTN) Task
Force at Wisma Samadi, Jakarta Archdiocese, 10 - 11 September 2020. In addition to
agreeing on the formation of a Research Task Force, this meeting also produced
recommendations for research themes on the impact of the temporary terminal (moratorium)
policy on Indonesian migrant workers abroad on the situation of human trafficking in the East
Nusa Tenggara Province. This research began in January 2020 and was dormant for several
months due to the impact of the Covid-19 pandemic.
On behalf of the Research Task Force Coordinator, Zero Human Trafficking Network (ZHTN),
we would like to thank Nienke Vierstra (Mensen met een Missie, NL) for the input on the
substance, methodology, and support of this research. Thank you also to Fr. Paul Rahmat,
Fr. Agus Duka (VIVAT Indonesia), Pdt. Emmy Sahertian (GMIT), Pdt. Elga Sarapung
(DIAN/Interfidei Foundation), Sr. Estochia Monika Nata (TRUK F Maumere), Sr. Maria
Yosephina Pahlawati (JPIC SSPS West Flores), Pius Rengka (VOX East Nusa Tenggara)
which has helped enrich ideas, as well as helped deepen information to support the
implementation of research in the field. Thank you to Yohanes Victor Lasi Usbobo (Institute of
Resource Governance and Social Change/IRGSC) who organized the survey and facilitated
the FGD in Kupang city. Enumerator friends for Kupang; Yanny, Sri, Decky, Dida, Arys, Merlin,
Even. Enumerator friends for Sikka Regency; Maria Theresia Y. Helfi, Y. Dafrosa, Yano,
Elisabet Istilca, Maria Dortina, Elisabet Bestyana, Sr. Fanti, Yulianto Valentino, Muche
Bakang, and Fransiskus Gunadi. Enumerators from West Manggarai Regency; Itho Umar,
Ningsih, Indah Sega, Wahyu, Vincent, Nesty, Koko Candra, Milano, Afry Magung, and Tilde,
thank you for your hard work in supporting the field survey.
Thank you Fr. Ignas Ledot - Puslit Candraditya Maumere and Dr. Max Regus Unika Santo
Paulus Ruteng for his FGD facilitation in Sikka Regency and West Manggarai Regency. Our
appreciation and gratitude also extend to all parties, stakeholders from the village government,
regency/city governments, provincial governments, law enforcers, and civil society in East
Nusa Tenggara Province who are involved in the process of extracting information and
supporting the smooth running of research.
To the Migrant CARE Research Team, Dr. Aris Arif Mundayat, Wahyu Susilo, Retno Agustin,
Meifita Handayani, Yovi Arista, Zulyani Evi, Twenty Aprilia, thank you for your cooperation so
that all stages of this research can be completed.
Jakarta, December 6, 2020
Mulyadi
Research Task Force Coordinator- ZHTN
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LIST OF ABBREVIATIONS
Abbreviations Full Form English Translation
APBN Anggaran Pendapatan dan Belanja Negara
State Budget
APBD Anggaran Pendapatan dan Belanja Daerah
Local Government Budget
Bappenas Badan Perencanaan Pembangunan Nasional
National Development Planning Agency
BLK Balai Latihan Kerja Work Training Center
BLKLN Balai Latihan Kerja Luar Negeri Overseas Work Training Center
BP2MI Badan Pelindungan Pekerja Migran Indonesia
Indonesian Migrant Worker Protection Agency
BP3TKI Balai Pelayanan Penempatan dan Perlindungan Tenaga Kerja Indonesia. *Sekarang diganti menjadi UPT BP2MI (Unit Pelaksana Teknis Badan Pelindungan Pekerja Migran Indonesia)
Indonesian Worker Placement and Protection Service Center [Now changed to UPT BP2MI (Technical Implementation Unit of Indonesian Migrant Workers Protection Agency)]
BPJS Badan Penyelenggara Jaminan Sosial Social Security Administrator
BPS Badan Pusat Statistik Central Bureau of Statistics
CPMI Calon Pekerja Migran Indonesia Prospective Indonesian Migrant Workers
FGD Focus Group Discussion Focus Group Discussion
GIC GrowthIncidenceCurve Growth Incidence Curve
IOM International Organization for Migration International Organization for Migration
IPG Indeks Pembangunan Gender Gender Development Index
IPM Indeks Pembangunan Manusia Human Development Index
IRGSC Institute of Resource Governance and Social Change
Institute of Resource Governance and Social Change
KDRT Kekerasan Dalam Rumah Tangga Domestic Violence
LTKM Laporan Transaksi Keuangan Mencurigakan
Suspicious Financial Transaction Reports
LTSA Layanan Terpadu Satu Atap One-Stop Integrated Services
MP3EI Masterplan Percepatan dan Perluasan Pembangunan Ekonomi Indonesia
Master Plan for the Acceleration and Expansion of Indonesia's Economic Development
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NTT Nusa Tenggara Timur East Nusa Tenggara
P3MI Perusahaan Penempatan Pekerja Migran Indonesia
Indonesian Migrant Worker Placement Company
PAD Pendapatan Asli Daerah Locally-generated Revenue
Permenaker Peraturan Menteri Ketenagakerjaan Minister of Manpower Regulation
PMI Pekerja Migran Indonesia Indonesian Migrant Workers
Polda Kepolisian Daerah Regional Police
PPATK Pusat Pelaporan dan Analisis Transaksi Keuangan
Financial Transaction Reports and Analysis Center
SD Sekolah Dasar Elementary School
SMA Sekolah Menengah Atas Senior High School
SMP Sekolah Menengah Pertama Junior High school
TPPO Tindak Pidana Perdagangan Orang Criminal Act of Human Trafficking
TPT Tingkat Pengangguran Terbuka Open Unemployment Rate
TRUK-F Tim Relawan Untuk Kemanusiaan Flores
Volunteer Team for Humanity in Flores
TTS Timor Tengah Selatan South Central Timor
UNODC United Nation Organizationo nDrugs and Crime
United Nation Organization on Drugs and Crime
USAID United States Agency for International Development
United States Agency for International Development
UU PPMI Undang-undang tentang Pelindungan Pekerja Migran Indonesia
Law on the Protection of Indonesian Migrant Workers
UU PPTKILN Undang-undang tentang Penempatan dan Perlindungan Tenaga Kerja Indonesia di Luar Negeri
Law on the Placement and Protection of Indonesian Workers Abroad
UU PTPPO Undang-undang tentang Pemberantasan Tindak Pidana Perdagangan Orang
Law on the Eradication of the Crime of Human Trafficking
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CHAPTER 1:
PRELIMINARY
Introduction In the dynamics of the global economy, labor migration - in at least the last two decades - has
become one of the most significant motors of the world economy. The volume of remittances
flowing has even exceeded the total ODA (Official Development Assistance) and FDI (Foreign
Direct Investment).
Likewise in Indonesia, labor migration is one of the work sectors that is still relied on as an
economic driver. Demographics of the migrant labor force indicate an increase in the number
of migrant workers over time. Processed documentation of BP2MI (Indonesian Migrant Worker
Protection Agency) shows a growth in the mobility of placement of migrant workers from
Indonesia by 1.1% per year, in the 2017-2019 period (Migrant CARE, 2020).
In the World Migration Report 2020 released by IOM at the end of 2019, it was stated that
Indonesia is in the top 10 countries receiving remittances from its migrant workers. Thus, labor
migration encourages financial remittances which further contribute to Indonesia's GDP. On a
micro-level, labor migration also has the opportunity to increase the income of migrant workers
at the individual, community, and household levels. The economic benefits of growing labor
migration have been, even, recognized by countries and entities that focus on migration,
economic, and development issues.
In fact, the strategic models and economic benefits of labor migration tend to be recognized
only on a macro-level and partially. On the other hand, at the micro-level, such as at the
individual level, migrant workers are faced with various dimensions of vulnerability. This
vulnerability is in the form of problems that intersect with the fulfillment of rights as workers,
rights as citizens, to human rights, or as individuals who need protection from the state.
However, what deserves mutual attention is that this vulnerability originates from structural
challenges and constraints.
Migrant CARE (2020) in a study of various cases it advocates found that old problems are still
experienced by migrant workers, such as undocumented migration, fraud, and work contracts.
The relationship between migration and human trafficking also tends to increase in the 2017-
2019 period, precisely in the span of the policy period for the enforcement of the moratorium
on migrant workers issued by the NTT Provincial Government.
The close relationship of problems faced by Indonesian migrant workers with organized crime,
one of which is human trafficking, has been under the spotlight of various parties from local to
international levels. In the Trafficking in Persons Report, Indonesia is categorized into the
position of Tier 2, provided that there are efforts (prevention and protection of the rights of
victims of trafficking in persons) by the Indonesian government, but have not indicated a
significant impact (Department of State, USA, 2020). However, the report does not indicate
any significant development because Indonesia has continued to be in Tier 2 for 5 consecutive
years since 2017. This situation also confirms the absence of significant progress in
eradicating trafficking in persons.
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In 2017, the Indonesian government has designated 5 provinces as red zones for human
trafficking, those provinces are East Nusa Tenggara, West Nusa Tenggara, East Java, Central
Java, and West Java. The province of East Nusa Tenggara occupies the top position of the
province with the highesthuman trafficking cases. The Institute of Resource Governance and
Social Change (IRGSC) said that in 2015 there were 1,667 female migrant workers from East
Nusa Tenggara who were victims of trafficking. Meanwhile, in 2016, from January to July,
there were around 726 female migrant workers who were indicated to be victims of the practice
of human trafficking. Separately, the East Nusa Tenggara (NTT) Regional Police (Polda)
recorded that there were 1,667 female migrant worker candidates from NTT who were sent
out of the region non-procedurally.
The complexity of the labor migration problem in East Nusa Tenggara is also further
strengthened by the death rate and the return of the bodies of migrant workers to this region.
The Service Center for Placement and Protection of Indonesian Migrant Workers (BP3TKI) -
currently UPT BP2MI - East Nusa Tenggara Province noted that until January 3, 2020, 119
bodies of Indonesian migrant workers had been received. Out of the 119 bodies of migrant
workers, 117 of them were identified as migrant workers who migrated through undocumented
channels.
The high number of cases of human trafficiking as well as a large number of versions of data
which held by various parties indicate that integrated and sustainable management of
eradicating trafficking in persons has not been implemented among stakeholders. In fact, the
Indonesian government already has a structural foundation that can become the foundation
for combating trafficking in persons in relation to the vulnerability of migrant workers.
Among these are Law No. 21 of 2007 concerning the Eradication of the Crime of Human
Trafficking and Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers.
However, the implementation of these two policies has not been carried out comprehensively
so that the impact of the policies has not been optimal to eradicate trafficking cases targeting
migrant workers. Even in the past two decades, the national government has taken several
steps to temporarily terminate (moratorium) the placement of migrant workers in response to
the high polemic and complexity of the issue of the death of Indonesian migrant workers who
are indicated as victims of human trafficking.
The Provincial Government of East Nusa Tenggara has also taken moratorium steps in
responding to the high number of cases of migrant workers from NTT who have experienced
the crime of human trafficking. The government issued NTT Governor Decree Number
357/KEP/HK/2018 concerning the Termination of the Departure of Prospective Indonesian
Migrant Workers from East Nusa Tenggara Province Abroad. This moratorium works at the
provincial level and does not have strong links at the national and inter-state levels, thus
leaving a number of issues to be discussed in this study.
Since the moratorium policy was enacted, there have been several strong indications that this
policy does not answer or solve problems but instead opens up new problems for migrant
workers, prospective migrant workers, and also their families. Brokers who are "dressed" as
job seekers/field officers/field workers still carry out their functions with various tactics, such
as hiring workers from NTT to other provinces in the country that are still in the human
trafficking category. There are indications that the outflow of migration out of NTT during the
moratorium period along with the internal problems that resulted from the moratorium policy
shows the ineffectiveness of the moratorium policy set by the Governor of NTT.
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One of the factors that determine the effectiveness and significance of the moratorium policy
in eradicating human trafficking is the attitude of the community towards the policy. Thus, it is
necessary to know how this policy encourages society’s attitudes towards the human
trafficking situation that befell migrant workers from East Nusa Tenggara. This research
focuses on examining the impact of policies on society attitudes towards human trafficking in
East Nusa Tenggara. The review carried out in this study not only measures the effect of the
moratorium on the placement of migrant workers on society's attitudes but also identifies the
impact and causal aspects of the migration governance policy, the protection of migrant
workers, and the eradication of the crime of trafficking in persons on social, cultural or
development situations in general.
Research Questions Based on the description above, this study seeks to answer three research questions:
1. How does the moratorium policy affect society's attitudes towards trafficking in persons in
East Nusa Tenggara?
2. What is the perception of the society of East Nusa Tenggara in responding to the
moratorium on the placement of migrant workers on human trafficking?
3. How does the East Nusa Tenggara government improve the governance of the placement
of migrant workers to prevent human trafficking?
Research Objectives and Benefits This study aims to describe the effect of the moratorium on the placement of migrant workers
on society's attitudes. The study was also carried out to identify aspects of the impact as well
as aspects of the causality of policies related to migrant workers and the eradication of human
trafficking on social, cultural or development situations in East Nusa Tenggara in general. In
terms of benefits, this research has practical and theoretical benefits.
a. Practical Benefit
This research is expected to be a source of information and a reference for stakeholder
entities; civil society organizations, the government, and the general public regarding the
impact of the temporary termination of placement of Indonesian Migrant Workers of East
Nusa Tenggara. Specifically, this research is expected to become a source of information
and a reference for stakeholders regarding factual conditions that can serve as the basis
for strategic evaluation in the framework of advocacy for civil society and a framework for
implementing or operationalizing the improvement of the governance of migration policy
for the government.
b. Theoritical Benefit
The results of this study are expected to enrich studies related to labor migration, human
trafficking, policy causality with society attitudes, and development in general. In addition,
the research results are also expected to become a reference for future studies on related
topics.
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Methodology
a. Research Approach
The study of human trafficking is part of the problem of horizontal social mobility related
to globalization. This study uses two approaches, quantitative and qualitative,
simultaneously to understand this problem. The quantitative approach is useful for
analyzing the attitudes of society at large towards the issue of human trafficking.
Meanwhile, qualitative studies are useful for understanding the qualitative social learning
process of the emergence of human trafficking.
b. Research Sites
This research took place in three regencies/cities in East Nusa Tenggara Province:
Kupang City, Sikka Regency, and West Manggarai Regency. In the survey phase, data
collection was carried out in 16 villages from 8 sub-districts spread over the three
regencies/cities, with stratified sampling based on households in each region. The
selection of research sites/locations was carried out with the consideration of being a base
area for migrant workers and cases of trafficking in persons, with different regional
characteristics and local contexts as a base area (sending) and a transit area.
c. Data Collection
Quantitative
In extracting quantitative data, this study proposes measurement of a individual's attitude
towards the phenomenon of human trafficking that occurs in society. Attitudes in this case
need to be understood as a representation of knowledge that includes a person's likes or
dislikes towards something in their social environment. Attitude is a socio-cultural process
that is a person's cognitive and emotional entity. This process takes place through
experience as social learning that they experience. Attitude theoretically has three
important aspects: Affective Aspects; Behavior Aspects; and Cognitive aspects so that it
is often referred to as the A-B-C model in psychological sciences.
Measuring Society Attitudes Toward the Trafficking Situation
The study of human trafficking is part of the problem of horizontal social mobility related
to globalization. So it is important to be able to analyze the attitudes of the society at large
towards the issue of human trafficking as part of this study. The attitude in this context is
a representation of knowledge that includes a person's likes or dislikes towards something
in their environment. Attitudes in this regard are also formed in the social learning process.
So that the basis of the analysis is carried out by measuring a person's attitude towards
the trafficking phenomenon that occurs in society, which is in line with the perspective of
Albert Bandura (1986, 2001, 2004) which shows that humans behave based on the social
learning process throughout their life. Thus, it is the measurement of social learning that
shapes attitudes that become cognitive and emotional entities at the individual level. The
formation of this attitude is theoretically influenced by three important aspects, such as:
(1) Affective aspects, which are defined as feelings, moods, emotions, and sympathetic
nervous system activity that a person experiences and is associated with attitude-forming
objects (Eagly & Chaiken, 1998, p. 272), (2) Behavioral aspects, which are defined as the
tendency of behavior in the form of (words) or non-verbal (actions) carried out by
individuals in the form of actions or responses that are observed and are the result of the
object of attitude (Wicker, 1969), and (3) Cognitive Aspects which are defined as a
function of reason on the evaluation of a person to consider an individual's opinion
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(believe/do not believe) about the object of attitude obtained through the social learning
process (Bandura, 1986, 2001, 2004).
Quantitative data collection in this study was conducted to reach 1,173 respondents
spread across 16 villages from three regions; Kupang City, Sikka Regency, and West
Manggarai Regency with the distribution as follows:
Table1.Distribution of Respondents
Regency/City Districts Village/ Sub-district
Number of Respondents
Sikka Regency Magepanda Done 124
Alok Barat Hewuli 153
Mego Dobo 107
Total Sikka 384
West Manggarai Regency
Lembor Daleng 193
PocoDedeng 52
Ndoso Waning 98
Momol 60
Total West Manggarai 403
Kupang City Maulafa Penfui 44
Belo 35
Fatukoa 28
Alak Manulai II 33
Penkase 57
Alak 20
Naioni 68
Kotaraja Bakunase II 57
Bakunase I 44
Total Kupang 386
Total Sikka + West Manggarai+ Kupang 1173
Qualitative
a. In-Depth Interview
In-depth interviews were conducted with 14 informants who were specifically
categorized based on individual categories as victims or family members who had
been related to human trafficking cases in the three research areas.
b. Focus Group Discussion (FGD)
Focused discussions were held in three research areas involving around 12 key
informants in each research area. These key informants include the following parties:
1) regency/city level local governments in 3 research areas and East Nusa Tenggara
province related to migrant workers and trafficking issues as well as, 2) law
enforcement elements, and 3) civil society organizations, communities, religious-
based organizations engaged in or focused on migrant worker and trafficking issues.
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d. Instrument Test Result
a. Cronbach’s Alpha Reliability Test
In general, reliability is intended as a level of confidence or a condition that can be
trusted. In this study, the reliability test was conducted to determine the reliability level
of the instrument through the consistency of the questionnaire used. The Cronbach's
Alpha reliability test was carried out jointly on all items or question items in the
questionnaire in the quantitative measurement of this study, which showed that
Cronbach's Alpha value was 0.712.
The alpha value according to Griethuijsen (2014) can be categorized as follows; Very
good (0.93–0.94), strong (0.91–0.93); Reliable (0.84–0.90); Strong (0.81); Fairly high
(0.76-0.95); High (0.73-0.95); Good (0.71–0.91); Relatively high (0.70–0.77); Slightly
low (0.68); Fair (0.67–0.87); Enough (0.64–0.85); Medium (0.61–0.65); Satisfactory
(0.58–0.97); Acceptable (0.45–0.98); Enough (0.45–0.96); Not satisfactory (0.4–0.55)
and low (0.11) (Griethuijsenetal., 2014). Based on these descriptions, Cronbach's
Alpha in this study which reached a value of 0.712 can be said to be in a relatively high
to good spectrum. Therefore this research instrument can be trusted.
Table2.Cronbach’s Alpha Reliability Test Result
ReliabilityStatistics
Cronbach'sAlpha N ofItems
.712 21
b. Regression Test
Regression test and analysis were carried out in this study to test whether there was
an influence between one variable and another. Or in the context of this measurement,
it is related to the aspects that shape people's attitudes towards the phenomenon of
trafficking in persons and the moratorium policy on the placement of migrant workers
from East Nusa Tenggara.
In this study, a hypothesis is proposed, there is an influence or relationship between
cognitive, affection, and behavior aspects on the formation of community attitudes in
responding to trafficking in persons and the policy of a moratorium on the placement
of migrant workers. Based on the results of partial regression testing between aspects
with comparison of the probability coefficient (0.05), it shows that there is a significant
influence of affection and behavior in the formation of a positive attitude or degree of
trust which positions the government to protect its citizens wherever they are.
Table3.Summary of Multiple Regression Analysis
Variables Regression Coefficient
tcount Significance
Constant 1,748 Cognitive_5 0,083 1,595 0,111 Affection_4 0,115 3,062 0,002 Behavior_2 -0,081 -1,91 0,050 Fcount 4,525
R Square 0,020
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e. Data Triangulation
Triangulation in a study is carried out to maintain the accuracy and credibility of the data
used in the study. The data triangulation technique used in this study included various
data collection methods.
1. Participatory observation is carried out by involving field researchers and data
processors in a series of research activities. In this study, the interviewer is a
companion to human trafficking victims or observers of migrant worker issues. Thus
the interviewers are subjects who already have prior knowledge related to the object
of research as well as parties who can make direct and close observations of the
research subjects that enable them to get meaning from the informants' behavior and
statements.
2. Interview, the interview technique in this study was conducted as a data collection
technique as well as a mechanism to confirm the accuracy and accuracy of the data.
Interviews were conducted to complement the research process by exploring the
meaning, situation, and context of the information that was missing from both the
quantitative research instrument and the data collection process. Interviews as
triangulations were conducted during the data synthesis process and result writing.
3. Documentation study as a triangulation process is carried out to obtain meaning, the
meaning of information on research subjects (sources) from various written sources
or other documentation in the form of written, visual or thought-provoking works
related to the research objectives. Media studies are an important source of
information amidst limited data on recruitment, arrivals, moratoriums, and trafficking
in East Nusa Tenggara Province.
f. Research Limitations
During its development, this research faces situations and conditions that affect the
stages of research, among others:
1. This research was designed before the Covid-19 pandemic. Covid-19 has become a
new context that affects the results of research directly and indirectly. The central
government's policy for a moratorium on the sending of migrant workers during the
Covid-19 pandemic is one of the policies that directly affect the sending of migrant
workers at the national level. Second, both Covid-19 and the moratorium because
Covid-19 affects human mobility across regions and across national borders due to
restrictions on transportation modes and tightening permits across national borders.
2. The data collection method was adapted to the context of Covid-19 where data
triangulation was carried out online. Meanwhile, primary data collection, which was
originally carried out by the main researcher, could not be done due to mobility
restrictions. So that the primary data collection was carried out by the enumerator
team from the research area. Efforts to bridge the gap between researchers' capacity
and data quality have been made through the use of various data collection
techniques for the triangulation of various actors. The use of various data collection
techniques aims to fill in data quality gaps, but they do not completely replace the
quality of direct data collection by the main researcher, which is the strength of socio-
anthropological studies.
3. Until this research was completed, the unavailability of data that could be used as a
reference for photographing cases of trafficking in persons in East Nusa Tenggara
and each research regency/city became one of the obstacles in formulating the basis
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for analysis. Data on cases of trafficking in persons can generally be traced through
statements by relevant officials in mass media coverage, or collected by victim
assistance agencies or issue observers.
Literature Review
a. Human Trafficking
Human trafficking is become the third largest transnational crime in the world. Anyone can
become a victim of trafficking in persons, especially children and teenagers, migrant
workers to refugees from conflict areas or natural disasters. So far, women and children
have been mostly victims of trafficking cases. UNODC (2018) states that 71% of victims
of human trafficking are women, then 1 in 3 victims of human trafficking are children. This
means that women and children have a higher vulnerability to becoming victims of
trafficking in persons.
There are various definitions of human trafficking. UNODC describes the crime of
trafficking in persons as taking many forms and knowing no boundaries. There are many
forms of trafficking in persons, but most of them have the objectives of sexual exploitation,
forced marriage, forced labor, organ trafficking, forcing children to become beggars, and
selling children.
In 2007, Indonesia succeeded in making laws and regulations related to trafficking in
persons, such as Law Number 21 of 2007 concerning the Eradication of the Crime of
Trafficking in Persons (PTPPO Law). In that Law, human trafficking is defined as “The act
of recruiting, transporting, holding, sending, transferring, or accepting a person with
threats of violence, use of force, kidnapping, confinement, forgery, fraud, abuse of power
or vulnerable position, holding them in debt, payment, or benefits, so as to obtain the
consent of the person who has control over other people, whether done within the country
or between countries, for the purpose of exploitation or causing people to be exploited."
In addition to referring to the Law above, the Palermo Protocol, and the Bali Process.
2014 has main indicators of trafficking in persons that can be used to understand human
trafficking. Human trafficking indicators include the workings, processes, and objectives
of trafficking in persons. The indicators used are related to the process, among others,
evidence of transportation, transfer, storage, or acceptance of people, then related to
methods, such as evidence of threats or coercion, kidnapping, abuse of power, fraud, and
coercion. Furthermore, the goal confirms that trafficking in persons always has
exploitative purposes, for example, exploitation, prostitution, sexual exploitation, acts of
forced labor, slavery, and the like, to theft and organ trafficking.
Cameron and Newman (2008,3) explain that there are a number of factors that need to
be seen to understand the context of human trafficking, factors in the structural context
and the proximate context. In this case, it is important to look at the context and
interactions between social, economic, and political factors (structural context), for
example, economic inequality, structural poverty, social and customary contexts, gender
inequalities, including those created and reproduced by adat. Meanwhile, the closest
factors (proximate context) include poor law enforcement, corruption, weak national and
international laws or policies, and inadequate socialization. The interaction of these
12
various factors is key to understanding where there are groups that are vulnerable to
trafficking in persons, why they are vulnerable and how this vulnerability occurs.
In the Global Slavery Index report in 2014 and 2016, it is stated that Indonesian migrant
workers who experience the vulnerability of being trapped in modern slavery practices,
especially for them who work in the marine sector, oil palm plantations, and domestic
workers.
Indonesian migrant workers facing the conditions of forced labor and slavery in destination
countries, highly happened in Malaysia, Saudi Arabia, Singapore, Kuwait, Syria, and Iraq.
Windi Arista & Nursimah (2018) sees a number of factors that worsen the situation of
migrant workers, like strengthening patriarchal ideology in society and the state. This
ideology sees that: 1) Children and women as objects, they are below and do not have a
bargaining position with their parents; 2) Women become objects of violence for men who
feel their position is higher and in power due to the low level of education of women and;
3) There is a strengthening of globalization and neoliberalism. However, there are other
factors that trigger many problems for migrant workers, such as the migration process
that is not regulated and unsafe, so that many people become victims of human trafficking.
NTT occupies the top position in areas prone to human trafficking. According to a study
conducted by Abbas, Wandi (2018), human trafficking in NTT is mainly caused by
economic, educational, and other factors. People facing economic problems, which then
become the main reason they are trapped in human trafficking cases, in addition to the
limited understanding of the community about human trafficking or trafficking in persons.
In the human trafficking report released by the US Department of State in 2020, a number
of issues related to handling and law enforcement in Indonesia were highlighted as the
cause of the high human trafficking in the last 5 years. The problem of handling and law
enforcement includes the low prosecution of the perpetrators of TIP, the lack of a strong
and systematic victim identification procedure, and the weakness of the government in
enforcing regulations for the protection of migrant workers, and the inconsistency of the
Law on Trafficking in Persons/TIP (Law No. 21 of 2007) with international law.
b. Labor Migration Policy and Governance1
Indonesia has Law Number 18 of 2017 concerning the Protection of Indonesian Migrant
Workers (UU PPMI). The PPMI Law is an amendment from Law Number 39 of 2004
concerning the Placement and Protection of Indonesian Workers Abroad (the PPTKILN
Law). The PPMI Law regulates the protection of Indonesian migrant workers which
includes the fulfillment and enforcement of human rights not only as migrant workers but
as citizens, then guarantees legal, economic, and social protection not only for migrant
workers but also their families. Substantively, although not yet ideal, the PPMI Law has
included an international convention to protect the rights of migrant workers and their
family members. Therefore, there has been at least the state recognition of the rights of
migrant workers and guaranteed protection of migrant workers and their families.
However, the implementation of this law still faces many obstacles due to the weakness
of the derivative regulations as the basis for implementing the PPMI Law. The government
should have issued 28 derivative regulations which include 2 Presidential Regulations, 11
1ps://nasional.republika.co.id/berita/nasional/umum/17/11/23/ozvhkw383-lima-provinsi-masuk-zona-merah-perdagangan-manusia
13
Government Regulations, 12 Ministerial Regulations, and 3 Agency Head Regulations.
However, until now only 3 Ministerial Regulations have been issued to carry out the
mandate of protection in this PPMI Law. An example of a derivative regulation that has
been made is the Minister of Manpower Regulation (Permenaker) No. 18 of 2018
concerning the Social Security of Indonesian Migrant Workers, this regulation assesses
the insurance and social security for Indonesian migrant workers through BPJS
Ketenagakerjaan. However, this regulation is still limited, so it needs to be pushed with
more comprehensive regulations. Meanwhile, Permenaker No. 9 and Permenaker No. 10
of 2019 actually shows a contradiction with the PPMI Law by continuing to prioritize the
role of the private sector in labor migration governance. This regulation not only goes
beyond the governance authority that should be regulated in higher regulations, such as
the Government Regulations, but the large role of the private sector has reduced and
weakened the protection efforts mandated in Law no. 18 of 2017.
In addition, local governments, both provincial/regency/city and village governments, are
not prepared to implement them. A number of problems that occur in the regions, for
example, lack of support in the establishment and management of One-Stop Integrated
Services (LTSA) in the enclaves of migrant workers. The public service functions provided
by LTSA are still limited in supporting the protection-based placement service mechanism
for migrant workers in the regions. In addition, the information services that should exist
in every village which is the first gateway to protecting migrant workers have not been
implemented properly. Another problem is education and training for migrant workers,
which under the mandate of the PPMI Law are carried out by government-owned training
institutions, in practice, many are carried out by private-owned Overseas Training Centers
(BKLKN).
The dichotomystic of procedural and non-procedural migration is philosophically a
contradiction that disturbs efforts to protect migrant workers. This dichotomy is prone to
discrimination and stigmatization of migrant workers who carry out cultural migration. This
dichotomization excludes cultural or self-help migration practices from the institutional
framework of protection because of the labeling of cultural migration as an undocumented
migration process that risks discrimination, stigmatization, and exploitation of migrant
workers (Hidayah, et al., 2015). This is despite the fact that the number of undocumented
(non-procedural) migrant workers is much larger than those who are documented,
especially with the destination country Malaysia. The mobility of these undocumented
migrant workers is as stated in a study conducted by Hugo (2002), where it has a long
history because it has been started since the formation of Indonesia and Malaysia as
independent countries, or even longer before during the colonial period.
Efforts to decriminalize the reality of cultural migration have been encouraged by Migrant
CARE to collaborate with the Yayasan Kesehatan untuk Semua (YKS) and the Lembata
Regency Government by issuing Regional Regulation No. 1 of 2015 concerning the
Protection of Indonesian Workers from Lembata. This local regulation tries to recognize
the process of cultural migration so that we can get real data about human mobility that
has been going on for a long time.
c. Migrant Worker Moratorium
The Indonesian government has an obligation to protect migrant workers. In Law Number
18 of 2017 concerning the Protection of Indonesian Migrant Workers, it is stipulated that
the government has the obligation to protect migrant workers and take the necessary
14
efforts to prevent and overcome violence experienced by Indonesian migrant workers, as
in Article 32 which reads:
(1) The Central Government can stop and/or prohibit the placement of Indonesian
Migrant Workers for certain countries or certain positions abroad with the following
considerations: a) security, b) protection of human rights, c) equal employment
opportunities; and/or, d) interest in the availability of labor in accordance with
national needs.
(2) In stopping and/or prohibiting the placement of Indonesian Migrant Workers as
referred to in paragraph (1), the Central Government shall take into account the
suggestions and considerations of the Representatives of the Republic of
Indonesia, ministries/agencies, Indonesian Migrant Workers Placement
Companies, and the public.
(3) The central government determines certain countries or certain positions as
referred to in paragraph (1).
The article clearly states that the government can impose a moratorium and restrictions
on the placement of migrant workers to protect security and human rights by taking into
account the suggestions of various parties, including the public.
The moratorium on migrant workers is one of the steps taken by the Indonesian
government to provide protection for migrant workers. This step has been taken several
times by the Indonesian government, following a series of cases involving torture, murder,
and the death penalty experienced by Indonesian migrant workers, especially women who
work in the domestic sector as domestic workers (Makovec, Mattia, et al, 2016).
Malaysia and the Middle East are the main contributors to the high number of TIP cases
by sending migrant workers abroad. The first moratorium on the migration of female
migrant workers from Indonesia to Malaysia was carried out in June 2009. The proposed
moratorium on domestic workers emerged after another case of alleged torture by the
employer of a housemaid, Siti Hajar, resulted in severe injuries almost all over her body.
According to data from BNP2TKI, the previous year (2008) there were around 800 cases
of Indonesian migrant workers in Malaysia, ranging from unpaid salaries to torture and
sexual violence. This has led to a moratorium on migrant workers to Malaysia, especially
domestic workers during the term of President Susilo Bambang Yudhoyono. However, in
December 2011, the moratorium on Malaysia was lifted, after the two governments signed
protocols aimed at improving the living and working conditions of migrant workers (Hickey
et al., 2013, and ILO, 2016).
Apart from the limited moratorium in Malaysia, starting from 2009, the Indonesian
government has implemented a limited moratorium on several countries of destination for
migrant workers. The moratorium on the placement of migrant workers, especially
domestic workers, was created in September 2009. The reason is that there is no
protection for Indonesian migrant workers in Kuwait. The Kuwaiti government hopes that
the moratorium can be ended immediately by making an MoU which contains a number
of things, such as the minimum salary received by migrant workers, payment of salaries
through banks, migrant workers can have cell phones, and they are entitled to get one
day off per week. Other countries such as the Philippines, Sri Lanka, and Bangladesh
also send migrant workers to Kuwait, however, Indonesia has not yet open further
dialogue to stop the moratorium. Again, according to the Kuwaiti government, the mistake
15
was not only in the recipient country but also from the Indonesian side which did not make
a good system for the delivery.
In July 2010, Jordan became another country in the Middle East that was closed and no
longer become a destination for sending migrant workers. According to the Minister of
Manpower at that time, Muhaimin Iskandar, the moratorium on Jordan could be in effect
forever, due to low salaries and inadequate social security. So, as long as there is no
certainty regarding legal protection and basic rights for migrant workers, the moratorium
on sending migrant workers to Jordan along with a number of countries in the Middle East
region will remain in effect.
In August 2011, a moratorium on migrant workers to Saudi Arabia was implemented. The
moratorium was triggered by the execution of the beheading of Ruyati binti Satubi, an
Indonesian migrant worker who was accused of murdering the wife of her employer after
being repeatedly abused (Makovec, Mattia, et al, 2016). In Saudi Arabia, out of 1.2 million
Indonesian migrant workers, around 70 percent are domestic workers. The case of
domestic workers who were sentenced to death penalty was not only Ruyati, Darsem who
also presumed kill her employer in December 2007 as an effort to defend herself when
she was about to be raped. Darsem can be exempt from the death penalty if the victim's
family forgives and gets damages of $533,000 or 2 million rials. Despite the moratorium
in 2017, it was revealed that at least 300 migrant workers were being held in Saudi Arabia.
According to Migrant CARE, this was because the moratorium was not accompanied by
strict supervision. The Migrant CARE survey revealed that around 2,000 informal sector
workers had left for the Middle East during 2015-2016. Apart from the weak supervision,
Migrant CARE also thinks this is caused by a one-sided policy on the moratorium, in which
placement countries have an issue of work visas even though there is a moratorium
policy.
The moratorium on migrant workers to Syria was implemented in August 2011. Indonesia
stopped sending migrant workers as it become a conflict area and was categorized as
theunsafe destination to work. In addition, Syria also has no cooperation to protect the
rights of Indonesian migrant workers, does not meet the minimum standards for trafficking
victim protection acts and there is no MoU. Out of the 13,615 Indonesian migrant workers,
13,329 are domestic workers. During 2010, there were 652 cases, from unpaid wages to
child trafficking. However, despite the moratorium, there are still many migrant workers in
Syria. In 2016 there were around 2000 Indonesian migrant workers there. The Syrian
government also does not recognize the moratorium and continues to accept the entry of
Indonesian migrant workers.
Indonesia implemented a moratorium on the United Arab Emirates in November 2013
following other countries, including Malaysia, Kuwait, Syria, Jordan, and Saudi Arabia.
The cause is the same as in other placement countries because there is no guarantee of
legal protection for migrant workers and the provision of their basic rights in these Middle
Eastern countries. Throughout 2012, the number of migrant workers who died in the
United Arab Emirates reached 20 people.
This regulation was later extended through the Minister of Manpower Decree No. 260 of
2015 concerning the Termination and Prohibition of Placement for Indonesian Workers to
individual users in Middle Eastern countries. According to the decree, 21 Middle Eastern
16
countries are prohibited from having migrant workers from Indonesia.2However, the
moratorium policy which was carried out without supervision, actually has potentially
triggered a high black market activity in recruiting migrant workers to the Middle East.
According to the Migrant CARE survey (2015), there are still many Indonesian Migrant
Workers who leave for the Middle East on an irregular basis. This actually creates new
problems, one of which is human trafficking.3
Thus far, women migrant workers, especially those who work in the domestic sector, face
an extremely vulnerable situation. According to a survey conducted by the World Bank,
72 percent came from rural areas (WB-IMR Survey, World Bank, 2014a). Then 80 percent
of female migrant workers are employed as domestic workers compared to men, the 70
percent work in the plantation and construction sectors. The survey also shows that the
majority of female migrant workers are categorized having minimum skills, with 50% only
passing primary education and 30% other passing junior high school.
The initial moratoriums that were implemented in both the Middle East in 2011 and
Malaysia in 2009 have reduced the number of placement of female migrant workers.
Available data shows that between 2010 and 2011 the annual flow of female migrants fell
from 203,625 to 110,641. Then in 2012, this number fell again to only 18,356. The
placement of migrant workers to Malaysia has also decreased. At the end of 2008, the
annual flow of documented female migrants to Malaysia was 102,145, while at the end of
2011 this number had fallen to only 38,122 (Makovec, Mattia, et al, 2016).
Furthermore, the study also found that the moratorium on migrant workers imposed by
the Indonesian government in 2009 and 2011 had a negative impact on the situation to
the local labor market. The regional economic slowdown occurred as a result of this
limitation. The local labor market appears unable to absorb the excess supply of labor
generated by restrictions on migration, and this, in turn, results in worsening conditions of
households living in migrant-sending areas. The worsening economic condition of the
migrant worker community has triggered efforts to penetrate destination countries through
undocumented channels. During the moratorium period, undocumented/non-procedural
migrant workers always departed. Poor socialization regarding the moratorium and low
compliance with government regulations has become. In addition, undocumented
migration, which has been a phenomenon in Indonesia, is difficult to predict because it is
not included in the administrative data which manageby BNP2TKI (now BP2MI) (Mattia
et al. 2016).
The moratorium policy undertaken by the government does not necessarily reduce and
address the vulnerabilities of migrant workers. Because the moratorium, on the other
hand, has actually triggered a high black market activity in recruiting migrant workers to
the Middle East. According to the Migrant CARE survey (2015), there are still many
2Include Algeria, Saudi Arabia, Bahrain, Iraq, Kuwait, Libya, Morocco, Mauritania, Egypt, Oman, Palestine, Qatar, Sudan, Syria, Tunisia, United Arab Emirates (UAE), Yemen, and Jordan. The moratorium on migrant workers in the Middle East is driven by discrimination and torture of Indonesian Migrant Workers, as well as the enactment of the Kafala system; where this system makes migrant workers part of the employer's property - not to be contested or interfere with outside parties - and the issue of ratification of the protection of migrant workers in Saudi Arabia. 3https://migrantcare.net/2017/01/moratorium-tki-bukan-solusi-perlindungan/&https://migrantcare.net/2016/06/hasil-survey-pengiriman-prt-migran-pasca-moratorium-bandara-soekarno-hatta/
17
Indonesian migrant workers who leave for the Middle East on an irregular basis. This
actually creates new problems, one of which is human trafficking.
The existence of a moratorium also received a number of different responses, a study
conducted by Chan (2014) saw that the state's reaction to cases of abuse and violence
against migrants was to implement laws that arguably further limit women's mobility, such
as issuing a moratorium that temporarily prohibits migration of women to Malaysia and
Saudi Arabia. This restriction is carried out through stricter bureaucratic requirements for
female migrants than for males. The moratorium, especially on sending domestic workers,
is a contradictory step in the discourse of state protection for migrant workers. This factor
is seen as a result of pressure from influential national communities such as religious
leaders. The Indonesian Cleric Council (MUI) has officially issued a religious decree
(fatwa) that states that transnational female labor migration is un-Islamic. The emergence
of a moratorium is thus thicker with a paternalistic nature which tends to limit women's
freedom rather than protecting women.
In the study, Chan (2014) sees activists as also arguing that prohibiting women from
migrating will not actually stop migration but only contributes to increasing women's
vulnerability to exploitation, as well as increasing the number and forms of undocumented
and risky migration. This contrasts with changes proposed by activists who support and
want the increase in the bargaining position of migrants, such as the freedom to speak
out, against exploitation, as well as the options for housing and employment opportunities
in both countries of origin and destination.
It seems that the government has not taken into account these factors and inputs in
implementing the moratorium on migrant workers. A moratorium on migrant workers
abroad that is not carried out with careful consideration and is on the side of women &
migrant workers, in general, is also carried out by local governments. In 2012, Purwakarta
Regency imposed a moratorium on migrant workers to Malaysia and the Middle East. The
decision at that time was made following cases of violence against migrant workers
abroad. After the policy was implemented, the number of citizens who became migrant
workers decreased to 50%, but there were still migrant workers from Purwakarta who left
for Malaysia and the Middle East illegally. The Purwakarta Regency Labor and
Transmigration Service recommend its citizens to choose other countries such as Taiwan,
Hong Kong, Singapore, and Brunei Darussalam if they want to work abroad.
The moratorium on the placement of migrant workers by the NTT Provincial Government
is a moratorium by the local government which was first implemented after the enactment
of the PPMI Law in 2017. Through the Decree of the Governor of NTT Number
357/KEP/HK/2018 concerning the Termination of the Departure of Prospective
Indonesian Migrant Workers from East Nusa Tenggara Province Abroad. There are 11
decrees regulated, including that the moratorium only applies to migrant workers who do
not have competence. This means that prospective migrant workers who are deemed
competent can go abroad. The competency assessment is determined by the NTT
Manpower and Transmigration Office. However, the definition of competence referred to
in this moratorium regulation is still being debated.
In his speech, sometime after being elected as the Governor of NTT, Victor Laiskodat
interpreted the moratorium as a form of resistance from the Government and the people
of East Nusa Tenggara against the perpetrators of the Crime of Trafficking in Persons. In
his statement, the moratorium is seen as a comprehensive step to improve the system
18
and governance of CPMI placement services so that they are integrated from upstream
to downstream. After the issuance of the Governor's Decree regarding the moratorium,
the NTT Province Task Force for the Prevention and Handling of Non-Procedural Workers
canceled the departure of 1,379 non-regular CPMIs.
In addition, the moratorium decision also states that the P3MI Branch Office located in
NTT Province is obliged to establish BLKLN, if not already established, training is carried
out at BLK/BLKLN in NTT Province and direct departure from the NTT embarkation. P3MI
is also required to enter into a work agreement with migrant workers to ensure clarity of
the migration process and placement of migrant workers. The agreement contains the full
name, profile, and address of the employer, the full name and address of the Indonesian
migrant worker, the rights and obligations of each party, position or type of work, working
conditions and conditions, including working hours, wages and payment procedures, the
right to leave and rest periods as well as social security and/or insurance, the term of the
work agreement, and the PMI's security & safety guarantees while working in accordance
with the provisions of laws and regulations.
The moratorium on sending migrant workers by local governments is also not in line with
the PPMI Law. In the PPMI Law, the issuance of a moratorium on sending migrant workers
is the authority of the central government. Therefore, local government authorities should
focus on efforts to improve governance in the placement and protection of migrant
workers. However, in reality, after the issuance of the moratorium in NTT, the government
has not received significant improvement, for example, the insufficient number of BLKs
owned by the government and LTSA which have not been re-functioned as mandated by
the law.
The Covid-19 pandemic that occurred globally also has an impact on the situation of
migrant workers. On March 18, 2020, the Minister of Manpower of the Republic of
Indonesia issued a Decree of the Minister of Manpower (Kepmenaker) No. 151/2020
which states that there is a temporary terminal of placement of Indonesian Migrant
Workers. This Ministerial Decree was issued following protests from various groups,
especially among migrant worker activists, who see the government only pays attention
to formal workers and completely ignores the vulnerability of migrant workers in the Covid-
19 pandemic.
This Ministerial Decree only stipulates the termination of the process of placing migrant
workers in countries that are at high risk of the Covid-19 outbreak. This decree does not
comprehensively elaborate on what steps should be taken to ensure that the basic rights
of Indonesian migrant workers are fulfilled. There are a number of problems faced by
migrant workers during the Covid-19 pandemic, including: 1) Susceptible to exposure /
contracting the virus because they are in the epicenter area of Covid-19, 2) Stigma as a
virus carrier where they experience restrictions on mobility and discrimination in services,
and 3) Experiencing an increase in workload so there is a potential for conflict with
employers.
In addition, due to the lockdown carried out by Malaysia in March 2020, migrant workers
who have been working in the fields of construction, restaurants, and factory workers are
threatened with the risk of losing their sources of income due to the closure of their
workplaces. The Malaysian government also deported thousands of undocumented
migrant workers during the lockdown which exacerbated the situation of migrant workers'
vulnerability to being exposed to Covid-19. Thousands of migrant workers were indicated
19
as People Under Supervision (ODP) when they returned to East Nusa Tenggara and there
was no coordination to respond to the return of migrant workers and migrant workers
between regions that were abundant.
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CHAPTER 2:
REGIONAL OVERVIEW
East Nusa Tenggara (NTT) is a province with a land area of 47,931.54 km2 and a population
of 5,456,200 people. This archipelago-shaped province consists of 21 regencies and 1 city,
309 subdistricts, and 3,353 villages spread across seven major islands, such as Sumba Island,
Timor Island, Flores Island, Alor Island, Lembata Island, Rote Island, and Sabu Island. The
majority of NTT's population is Catholic (52.48%), followed by Protestant Christians (39.03%)
(BPS, 2020). East Nusa Tenggara is also a strong Indonesian territory in terms of customs
and culture. Therefore, the people of NTT are influenced a lot by customs and culture, as well
as the main religions in the area, which are Christianity and Catholicism.
Various studies so far have seen that East Nusa Tenggara has a complex socio-economic
and political issue. This region from year to year becomes one of the poorest provinces in
Indonesia. In 2020, East Nusa Tenggara is the third poorest province after Papua and West
Papua. Then, even though the unemployment rate in this region is only 3.35%, the
employment situation in East Nusa Tenggara is far from ideal. When viewed from social and
cultural studies, customs is also a problem in itself because several studies have seen that it
has a tendency to weaken women and impoverish society. These various problems are
intertwined and one of the results is the high level of human trafficking, especially trafficking
of women in NTT.
The following is an overview of the complexity of these problems which hopefully can explain
the chronic situation that has been experienced by the poorest and most vulnerable groups in
East Nusa Tenggara.
Socio-Economy and Infrastructure
NTT economic growth is still categorized as low compared to other regions in Indonesia,
according to Wuryandari (2014) this is because development in NTT has not been evenly
distributed so that only certain areas are developing, especially in urban areas such as Kupang
which become the center of government and business in the NTT region and sub-urban areas
which are new growth areas for tourism such as Labuan Bajo in West Manggarai.4Although
the tourism sector in a number of areas is growing, most people still depend on agriculture.
The areas of Sikka and West Manggarai which been seen in this study also still depend on
agriculture.
So far, NTT's geographical condition, which consists of islands, has always been seen as a
barrier to connectivity between regions as well as a cause of economic inequality in NTT.
Apart from the above constraints, NTT does experience natural constraints that are not minor,
4As an illustration, if you look at, for example, the affordability of electricity by the population in 2017-2019 there are still 30% of households in NTT Province who have not been reached by PLN electricity. West Manggarai Regency has the largest percentage of households that have not accessed the PLN electricity network, with a figure that is still below the NTT provincial average. Meanwhile, almost all households in Kupang City have been reached by PLN's electricity. This indicates a huge disparity between development in urban and rural areas.
21
such as the lack of rainfall which causes the agricultural sector to not develop properly. In fact,
most people depend on the agricultural/livestock sector for their livelihoods.
The cause of the complexity of the problem in East Nusa Tenggara, if traced historically,
shows that this region was the victim of development inequality during the New Order (Orde
Baru) which destroyed eastern Indonesia (Wuryandari, 2014). Another study (Dhosa, 2017)
looks at the accumulation of capital that has occurred since the colonial era as the root of the
chaotic problems that have created poverty in East Nusa Tenggara.
East Nusa Tenggara has recently been improving in terms of infrastructure. In recent years,
both the national and regional governments have accelerated infrastructure development in
the region. It is hoped that the development of infrastructure and the acceleration of the
economy in East Nusa Tenggara can provide wider employment opportunities and thereby
improve the community's economy.
To overcome the infrastructure barriers and strengthen connectivity between regions in NTT
and with other regions in Indonesia, the national government is carrying out an accelerated
development project through the MP3EI scheme (Master Plan for the Acceleration and
Expansion of Indonesian Economic Development) where the NTT region is included in the
Bali-Nusa Tenggara Economic Zone with a main focus on development of tourism, fisheries,
and livestock.5In his study, Dhosa also saw that development of industrial estates and tourist
areas in East Nusa Tenggara has recently become a source of new problems.
Economic and infrastructure development has negative and positive aspects for the welfare
of the society. A number of studies have also looked at the impact of development in NTT. A
study conducted by Perkumpulan Prakarsa (Saputra, 2014) presents a number of problems
in the MP3EI mega project, including in East Nusa Tenggara. Some of its findings were that
MP3EI did not involve the local government and the people of NTT in its planning. Tolo
(2019)6explained that infrastructure development in Flores has so far benefited the elite and
the rich segment of society. This is because land, means of production, and capital are only
controlled by a handful of elites. In Labuan Bajo, for example, strategic lands are mostly
controlled by people from Jakarta, Bali, and even abroad. The same thing seems to have
happened in almost all strategic areas, both tourist and industrial areas.
Development inequality in NTT is also seen only enjoyed by the upper middle-class groups
also appears in a study conducted by Bappenas (2018). A Bappenas study in a number of the
poorest provinces including NTT shows that the growth in consumption or expenditure of the
bottom 20 percent is much lower than that of the upper-middle class. The Growth Incidence
Curve (GIC) in NTT Province during the 2016-2017 period also shows that the consumption
and expenditure growth of the bottom 20 percent of the group is far below the provincial
average, even in the lowest group, GIC is negative. This means that there was an increase in
the number of people who fell into poverty in that period which occurred almost evenly in all
5In the MP3EI scheme, there are 14 infrastructure developments starting from the construction of roads, ports, power plants, reservoirs, irrigation, and others, including fiber optic networks and BTS to boost information and telecommunications facilities. The investment for the 14 projects is estimated at 6.6 trillion. Then a number of large projects were also carried out, for example, the development of the salt industry in Ende, Kupang Bay, and Nagekeo, the development of the Bolok Industrial Zone, the Steam Power Plant in Kupang and Ende, and so on. 6https://tirto.id/proyek-infrastruktur-di-flores-hanya-memakmurkan-yang-kaya-dhsG, accessed 27 October 2020
22
regencies/cities in the Province of NTT. This finding directly provides evidence that economic
growth in NTT is only enjoyed by the upper-middle class, and that existing development and
growth are not benefiting the poorest groups who are very numerous in the region.
Meanwhile, infrastructure development also raises many problems, such as land acquisition
by both the government and investors. This is because some projects are located in productive
agricultural areas, areas belonging to indigenous communities, causing the land acquisition
process often creates conflicts. In addition, it also results in the elimination of the poor and
indigenous communities and the loss of their livelihoods and sources of livelihood. Tenure of
land that is concentrated on a handful of elites and owners of capital causes farmers to have
more limited agricultural land ownership. Moreover, the presence of agricultural
mechanization and monoculture has made it more difficult for farmers, and sometimes even
get into debt due to high agricultural inputs. According to Tolo (2019), infrastructure inequality
and structural impoverishment stemming from agrarian problems and agrarian livelihoods
have encouraged people to migrate to Malaysia.
Migrant workers from various regions in NTT go abroad through various accessible routes,
including sea, land, and air routes. In the research in these 3 areas, Kupang City is one of the
transit areas for migrant workers, especially those from Belu, Soe, Malacca, and Kefamenanu.
Generally, migrant workers drive by land to Kupang before traveling by ship or plane. Not
much different from Kupang, Labuan Bajo Port and Komodo Airport in West Manggarai
Regency have also become new areas for transit for migrant workers including those who are
victims of trafficking in persons. Likewise, with Sikka Regency, people from Ende, Ruteng,
and surrounding areas transit in Sikka before leaving by ship from the port of Sikka. More
details on how the modes of recruitment in sending migrant workers including the practice of
human trafficking through various transportation routes in NTT can be seen in Chapter 4.
Locally-Generated Revenue
The economic and development situation in NTT can also be analyzed by reviewing the
contribution of Locally-Generated Revenue to total Regional Revenue in the Local
Government Budget (APBD) which can indicate the level of regional fiscal independence. In
regions that still have a high dependence on central government transfer support, these
regions have a much lower PAD contribution to total regional revenues. Furthermore, revenue
realization in this research area can be seen in the table below.
Table4.Realization of Government Revenue of Kupang, Manggarai Barat,
Sikka, and NTT Provinces in 2019 by Type of Income (in Thousand Rupiah)
Kupang City West Manggarai
Sikka NTT
Locally-Generated Revenue
186.573.408 165.380.630 104.289.721 1.131.943.379
Balancing Fund 918.377.845 786.515.951 916.408.692 4.174.054.978
Other Legitimate Income 98.945.311 223.702.273 221.001.587 41.159.665
Total Regional Income 1.203.896.564 1.175.598.854 1.241.700.000 5.347.158.022
Source: Provincial/Regency/City Government Financial Statistics. BPS 2019
If you look to the table above, almost 78% of the NTT provincial APBD comes from the
Balancing Fund from the central government, likewise, the Kupang City APBD of 76%
depends on the Balancing Fund, as well as 66% of West Manggarai and 73% of Sikka
Regency. Each of the research areas in NTT has low local revenue, where Kupang City is
23
only 15%, West Manggarai is 14%, Sikka is only 8.3% and the Provincial Government of NTT
is 21%. Sikka has the lowest local revenue among the other 2 research areas. From these
data, it means that the level of financial independence of the province of NTT and the three
research areas is still low, the course of development and regional financing is still dependent
on central funds, and local revenue is still small, some even below 10% of total regional
revenue.
Apart from that, from the Locally-Generated Revenue in the three research areas, the
contribution of Regional Owned Companies and the Management of Separated Regional
Assets contributed the smallest figure compared to taxes, levies, and other legal revenue from
PAD. The results of Regional Owned Companies and the Management of Separated Regional
Assets in Sikka Regency only show a value of less than 3% of the total Locally-Generated
Revenue. Likewise, in West Manggarai Regency, the results of Regionally Owned Companies
and the Management of Separated Regional Assets are only 3.6% of the total Locally-
Generated Revenue. Meanwhile, the Locally-Generated Revenue of Kupang City is 8% and
NTT Province is 7.1%. This shows that local governments are still limited in creating and
managing Regional Owned Companies and their regional assets for the welfare of the people.
Poverty
The portrait of poverty in NTT shows a large disparity between urban and rural areas.
According to BPS as of March 2020, NTT was in the third rank of provinces with the highest
poverty rate, with a percentage of 20.9% or 1,153.76 thousand people. This number has
increased by 24.3 thousand people since September 2019, where the highest increase was
in rural areas, which increased by around 19.5 thousand people. The imbalance of the rural
and urban poverty in NTT can be seen in the table below.
Table 5.Table of Number and Percentage of Urban-Rural Poor in East Nusa
Tenggara, 2015-2020
Year Number of the Poor (Thousand) Percentage of the Poor
Urban Rural Urban Rural
2015 97,6 1.063,47 9,41 25,89
2016 97,6 1.063,47 9,41 25,89
2017 112,48 1.037,60 10,17 25,19
2018 119,04 1.015,70 10,11 24,59
2019 108,62 1.020,84 8,34 24,45
2020(March) 113,39 1.040,37 NA NA
Source : BPS 2020
The percentage of poor people in the rural area is almost 25% of the total population, meaning
that 1 in 4 rural residents in NTT is in poverty. When making a comparison between the three
regions in this study, in 2019 the percentage of poor people in Kupang City was 9.22%. This
figure is far below the percentage of poor people in NTT Province which reached 21.09%.
Meanwhile, in Sikka Regency, the percentage of poor people reached 13.53%. Then
compared to the other 2 research areas, West Manggarai has the highest percentage of poor
people, which is 18.01%. This data again shows the large inequality between urban and rural
areas, where the largest pockets of poverty are in villages. This inequality is also an indicator
that the distributive equity of local resources at the provincial level tends to be controlled by
the centers of economic growth.
24
In various studies, villages in NTT face a number of problems that drive the community to be
poorer. For example, Tolo (2016), Regus (2011), and Dale (2016) as cited by Dhosa (2016)
in a study in West Flores (Manggarai, East Manggarai, and West Manggarai) found land
acquisition under the pretext of development instead of prospering the people actually creates
systemic poverty, ecological disaster, and cultural destruction in Flores. The land acquisition
process is a piece of strong evidence that there is no equitable distribution, especially if the
function of the land is more extractive out of the area and then flows to growth centers.
When comparing the situation of human resources in the 3 areas studied, the majority of the
population in the age of 15 years and over in Kupang City in 2018 had high school diplomas,
which is 32.52%. In addition, 11.39% of the population in the age of 15 years and over have
never received formal education or do not pass elementary school. However, Kupang City's
Human Development Index (HDI) is the highest in NTT, at 79.55 in 2019. This figure is much
higher than the NTT provincial HDI, which is 65.23 and higher than the national HDI. When
compared to West Manggarai, the situation in Kupang City is better. The HDI for West
Manggarai in 2019 was 63.50 below the HDI for the NTT Province, which is 65.23.
The number of workforce in West Manggarai Regency in 2019 is 124,105, of which 72,243
have elementary school education and below. This situation is not much different from that of
the Sikka Regency. According to the 2019 National Statistics Agency's Susenas, the
education level of Sikka residents in the age of 15 years and over, 38.56% do not pass
elementary school and 19.55% do. The Human Development Index/HDI of Sikka Regency in
2019 is also still below the provincial HDI, which is 64.75.
Although the East Nusa Tenggara Province Human Development Index is low, at 65.23, the
NTT Province Gender Development Index is high. The NTT gender development index from
2017 to 2019 increased from 92.44, 92.57, and 92.72. The NTT Gender Development Index
is higher than the national figure which is in the 90s. However, this contradiction is later
explained in Rahmawati et al (2019, 73) that the high Gender Development Index in NTT
occurs because the HDI of women and men are both low. The indicator for the composition of
the HDI is the HDI, namely the ratio of the HDI of women to men's HDI. A high IPG can occur
because the HDI of men and women is almost equal, can be both high, equally moderate, or
even both low. The last situation that happened in NTT Province.
Systemic poverty caused by structural injustice has contributed to the low level of public
education in NTT. From year to year, most migrant workers from NTT are dominated by people
with elementary school education. It can be seen in the table below.
Table 6.Education Level of Migrant Workers from NTT 2017-2019
Year Elementary
School
Junior High
School
Senior High
School Diploma Bachelor Doctor
2017 1044 490 417 4 5 0
2018 1103 519 441 6 7 1
2019 584 291 259 9 4 0
Source: BNP2TKI 2019
Various studies have stated that the factors of poverty and low levels of education are
intertwined factors that are the main causes of human trafficking. As explained by ESR Daniel,
et al (2017), cases of human trafficking in NTT arise as a consequence of poverty and lack of
access to welfare. According to a study conducted by Dhosa (2017) poverty in NTT is caused
by the process of capital accumulation in the long history of colonialism in these islands which
25
has an extractive character, so that natural resources tend to be extracted out of the region
rather than for the welfare of its citizens.
Monopoly and deprivation of agrarian resources, such as land, sandalwood, and livestock
have created inequality and poverty in NTT to this day. This has raised various problems that
are interconnected with one another. For example, such as low education, knowledge, and
ability to fulfill and access the economy and sources of livelihood, and scarcity of sources of
work. This situation contributes to the vulnerability of its citizens to become victims of human
trafficking without them knowing it, because of the urgent economic needs.
The low level of education of migrant workers as shown in the table above can have
implications for situations of multiple vulnerabilities experienced by migrant workers from NTT.
This vulnerability can be experienced from the time they are recruited to the time they work
abroad and when they return from abroad. Domination, exploitation, and violence to the point
of becoming victims of trafficking in persons are more vulnerable to migrant workers.
Especially when they lack the knowledge and do not understand or are not able to fight for
their rights.
Poverty creates a situation of vulnerability for women and the poor with low education so that
they are easily trapped as victims of the crime of trafficking in persons. Penny (2019) said that
the majority of NTT residents were illegally recruited as migrant workers because they did not
have information and understanding of the dangers and risks. However, more than that,
women and the poor do not have many alternatives, so they choose to work abroad.
Social and Customary Contexts
The people of East Nusa Tenggara are among those who still uphold customary practices.
There is high compliance with customary laws and procedures that apply in the human life
cycle from birth, marriage, to death. Customary celebrations involving traditional festivals at
no small cost have been suspected to be the cause of the persistence of poverty in NTT. In a
number of articles published in the mass media, it is stated that the crime of human trafficking
in NTT uses the method of “uang sirih pinang” or literally betel nut money.
The culture of sirih pinang is attached to the daily life of the people of NTT. Ordinary residents
grow and consume betel nut and use it in traditional and cultural practices as well as daily
social life. According to a study conducted by Dwinanto, Arif, et al (2019), sirih pinang is a
mandatory tool in every traditional ritual, it is even spoken by Rato or the prayer leader in the
Marapu belief in the form of verses during rituals such as the Noba and Wulla Podu rituals.
Sirih pinang is also used in the rituals of life for the people of Sumba and NTT in general, for
example during ceremonies of pregnancy, birth, marriage, and death. In marriage rites, for
example, one of the stages of marriage called ngidipamama means bringing betel nut in the
proposal of the man to the woman's family. The women also provided betel nuts for the guests
who attended. Sirih pinang indicates a request and respect from the male family to the
woman's family, while the betel nut served by the woman's family indicates welcome and
respect for those who come. Sirih pinang is also performed at the death procession, the
mourners who are present are given betel nut, even along with the body, the family will include
a number of important items including betel nut to be buried with the body.
Apart from being present in traditional rites, sirih pinang is also present in every mutual
cooperation activity. In a marriage procession, the belis or the dowry is usually shared by the
26
male extended family. If someone agrees to provide assistance for the belis or the dowry, it
will be marked with the gift of betel nut. According to local traditional leaders, in the context of
sirih pinang is a signature on a stamp worth of Rp 12,000, not Rp 6,000 anymore, but 12,000,
so in addition to being a sign that it must also be obeyed (Dwinanto, Arif, et al, 2019).
Apart from the culture of sirih pinang, the social and cultural context that cannot be separated
from the people of NTT is the existence of belis or dowry. Belis in marriage consumes quite a
lot of community economic resources and is suspected to be the cause of the high number of
cases of violence against women. This tradition has been carried out since the days of our
ancestors, it has historical, economic, social, and cultural values. Giving belis or dowry is an
important thing in marriage. Belis is given from men to women as a measure of dignity and
socioeconomic status. Symbolically, belis shows the value, degree, and dignity of the groom
to be appreciated, respected by the bride's family (Wula, 2017). Belis, according to research
conducted by Kleden (2017) is a form of reciprocal relationship, where belis is a medium of
exchange between female givers and recipients.
According to research conducted by Boylon and Widyawati (2016), in the patriarchal and
traditional Manggarai culture, the female family has a special status since the family owns and
gives women to male families in order to continue the offspring. Therefore, male families are
obliged to give belis as a form of their gratitude and appreciation for women. Although here,
women appear to be exalted in customs, Boylon and Widyawati's research shows that the
currently practiced Belis has become a major concern and even a scourge for prospective
couples who want to marry (Pahun, 2012; W Transport, 2015; Amriatul, 2015). This particular
tradition does not only carry a burden for the groom but also for the bride.
According to Neonnub and Habsari (2017) Belis has negative and positive impacts. The
positive impacts include maintaining the dignity of the male family; the woman's family feels
valued for their services in giving birth to, caring for, and raising their daughter; then emerged
a new kinship between the male and female families. Meanwhile, the negative impact is that
the dignity of women is degraded because men seem to have the freedom on how they can
treat the women after giving belis; if they are unable to pay the belis, men feel ashamed and
must be willing to work for the woman's family; there is a conflict between the two families if
there is no agreement on the value of the belis; as well as causing debts when they do not
have assets to be used as belis so that they are stuck in a cycle of debt and poverty.
Belis or dowry is not directly related to the crime of trafficking in persons, a number of studies
have seen that belis makes women's position inferior, unequal, and helpless in the family and
society (Soares, Prabhawa and Sasongko, 2020). The belis and dowry are used by agents
who traffic people under the guise of facilitating residents to find work outside NTT. Families
of workers who are victims of trafficking are given belis or sirih pinang as a sign that their child
has worked outside NTT. The parents do not know what their children work as. Belis money
or sirih pinang are then interpreted as a substitute. This becomes an act of piracy of traditions
by labor agents in an effort to make what they do seem accepted as cultural meaning.
Piracy of this tradition then becomes one of the factors that make women vulnerable to
becoming victims of trafficking in persons. The study above is consistent with the results of
research conducted by the Women's Division of the Flores Volunteer Team for Humanity
(TRUK-F), which concluded that belis is a source of violence against women in households in
NTT (Samuel 2006). From 2012 to 2015 data from the TRUK-F Women's Division showed
that in 2012 there were 9 people, in 2013 there were 11 people, and in 2015 there were 5
27
people as victims of domestic violence caused by belis. The TRUK-F survey also stated that
belis is one of the causes of the problem of Domestic Violence (KDRT) in Sikka Regency.
Giving sirih pinang is a tactic of traffickers in NTT. Traffickers use traditional instruments, both
Sirih Pinang as a sign of agreement and Belis as a sign of exchange. The use of traditional
instruments in the form of sirih pinang has proven effective in manipulating the awareness of
the community and the families of migrant workers about the dangers of trafficking in persons
who are hidden through migration.
In most cases of trafficking, it was found that sirih pinang was used by the recruiter to
family/relatives. It is difficult to refuse sirih pinang given by recruiters, because refusing it
means disrespecting guests, not respecting kinship values that have been upheld so far. Using
the sirih pinang, the trafficker wants to be positioned as a relative, it is used as a means of
collateral to instill a bond of trust in the victim's parents and the community. The use of sirih
pinang has reduced family and community awareness of the dangers of human trafficking.
Employment
Employment Situation in NTT and in 3 Regions The employment situation in NTT, if you only look at the percentage and number of
unemployed, seems small, but this does not reflect the real situation. Out of the total workforce
in 2019, which is 2,477,703, 83,030 or 3.35% were unemployed (BPS, 2020). However, the
situation of the workforce in NTT is not ideal. First, part of the workforce only has an
elementary education, with the status of unpaid domestic workers, where most of them are
farmers who help in family farming activities and work without pay. Second, the largest
unemployment in NTT is 48% dominated by the workforce with high school education and
28.7% college education.
The large number of unemployed high school and university graduates in NTT indicates that
there are still limited employment opportunities for the workforce with higher education. In
addition, the high number of workforce with elementary level/equivalent education indicates a
high number of workers with minimum wages/income and unpaid family workers. The labor
situation that is not ideal also encourages people to become migrant workers with the hope of
getting a large salary to meet various needs.
Comparing the employment situation in the three research areas, it turns out that Kupang City
has the highest percentage of unemployment compared to the Regency of West Manggarai
and Sikka. The Open Unemployment Rate (TPT) in Kupang City in 2019 was 9.78%, which
decreased from 2018 that amounted to 10.17%. Along with this percentage, it means that out
of the 100 workforces, around 9-10 of them, are unemployed. Kupang City's Open
Unemployment Rate is the highest compared to other regencies/cities in NTT, even 3 times
that of the NTT Province's TPT which is only 3.35%. Meanwhile, the TPT for West Manggarai
Regency in 2019 is 2.42, and Sikka Regency is 3.56.
28
Table 7. The Unemployment Rate and Labor Force Participation Rate in NTT,
Kupang City, West Manggarai Regency, and Sikka Regency (2017-2019)
Year
Kupang City West Manggara
Regency Sikka Regency NTT Province
TPT TPAK TPT TPAK TPT TPAK TPT TPAK
2017 12,50 59,00 1,30 77,87 2,50 67,23 3,27 69,09
2018 10,17 57,67 1,19 67,24 2,43 70,63 3,01 70,17
2019 9,78 58,75 2,42 72,87 3,56 65,51 3,35 68,50
Source: BPS 2020
Table 8. Labor Force and Unemployment in 2017-2019
Year Labor Force (NTT)
Unemployed (NTT)
Labor Force(Sikka)
Unemployed (Sikka)
Labor Force (Mabar)
Unemployed (Mabar)
Labor Force (Kupang)
Unemployed (Kupang)
2017 2.398.609 78.548 147.434 3.687 126.162 1.641 179.561 22.442
2018 2.486.281 74.748 156.192 3.801 112.060 1.329 180.961 18.408
2019 2.477.703 83.030 146.139 5.202 124.105 3.003 189.746 18.555
Source: BPS 2020
Furthermore, the employment situation in Kupang City is different from that of West Manggarai
regency and Sikka regency. Based on BPS data (2019), the economic structure of Kupang
City is 82.22% working in the service sector, 14.04% working in the industrial sector and only
3.73% in the agricultural sector. Kupang City as the provincial capital is a destination for
internal migration and urbanization of the people of NTT, this explains why this city is the most
dense and most heterogeneous among other areas in NTT. Generally, the motivation for
people to migrate to Kupang is because of their economic motives and their motives for
seeking better educational facilities.
Meanwhile, the main employment sector in West Manggarai Regency is the agricultural sector
totaling 75,789, followed by the service sector of 29,723, and the industrial/construction sector
of 15,590. Then, according to the main types of work, the largest number of workers is
farming/gardening/livestock, reaching 75,113, followed by production/transportation
operations/manual labor with 20,519, then professionals, technicians, and other workers as
many as 11,929 (BPS, 2020). Out of the total 121,102 residents over 15 years of work who
worked, 35,457 were family workers/unpaid workers, of which 26,025 were women. This
means that the largest number of family/unpaid workers are women.
The employment situation in Sikka Regency is slightly different from that of West Manggarai
Regency, where the agriculture/forestry/fisheries and service sectors have almost the same
proportion of employment. The sector that absorbs the most labor in Sikka Regency is the
agriculture/forestry/fisheries sector, which in 2019 absorbed 55,240 people of the age 15 years
and over. The next sector is services that absorb almost as much as agriculture, namely
52,469 people, while the industrial sector is 33,228.
29
In the past one to two decades, NTT has also been recognized as one of the largest origins
of migrant workers in Indonesia. Even though the number of migrant workers in NTT is large,
this number is not included and is analyzed in the annual provincial/regency/city statistics
issued by the Central Bureau of Statistics. Therefore, there is no exact figure that can say how
many NTT residents become migrant workers each year, regardless of whether the migrant
worker is procedural or unprocedural. Below is a table of the number of migrant workers from
NTT in the last three years issued by BNP2TKI (now BP2MI). In 2019, there were 1147 migrant
workers from NTT. The main destination country for migrant workers from NTT is Malaysia.
Most of the migrant workers from NTT work as domestic workers, technicians, and plantation
workers. During 2019 the value of remittances from all Indonesian migrant workers from
Malaysia amounted to US$3.252 million.
Table 9. Number of Migrant Workers from NTT
Year Male Female Total
2017 264 1696 1960
2018 241 1836 2077
2019 95 1052 1147
Source: BNP2TKI, 2019
Based on the table above, from 2017 to 2019 the majority of migrant workers from NTT were
women. The number of female migrant workers is 6-11 times the number of male migrant
workers. Then the number of registered migrant workers experienced a sharp decline of
almost 100% in 2019. This shows that after the moratorium, the number of registered migrant
workers decreased slightly. As mentioned above, the high number of migrant workers from
NTT is caused by several things, such as the situation of structural poverty, the lack of
employment and sources of livelihood, as well as the low level of community education, in
addition to the political economic situation in NTT.
Human Trafficking in NTT and in 3 Regions Trends in migration and trafficking in NTT have also developed in line with the feminization of
migration in Indonesia in the last two to three decades. This phenomenon is marked by the
increasing number of female migrant workers from Indonesia who fill the domestic work sector
in Singapore, Malaysia, Hong Kong, and Saudi Arabia (Tirtosudarmo, 2009, Tirtosudarmo,
1999). In NTT, women migrant workers generally fill domestic jobs in Malaysia. Meanwhile,
men especially those from East Flores filled jobs in the construction and plantation sectors.
The work context of women in the domestic sector is assessed as "dirty" work and does not
require "skills". In fact, the work carried out by these women is covered with pre-varied
nuances, indicated by the bad situation and working hours that even lead to slavery.
Although the number of migrant workers from NTT is not the largest (according to BP2MI
statistics), NTT is the red zone for trafficking in persons, even in the top ranks of regions that
experience trafficking in persons. During 2019, data from BP2MI recorded that from the
province of NTT, there was 1147 placement of migrant workers. These figures do not describe
the situation on the ground, because every week hundreds of migrant workers from NTT
depart for Malaysia via the ports of Maumere, Ende, Larantuka, Lewoleba, and Kupang.
30
In 2015 there were 1,667 women migrant workers from NTT who were victims of human
trafficking according to the Institute of Resource Governance and Social Change (IRGSC).
Meanwhile, in January-July 2016, there were around 726 migrant workers who experienced
problems or indicated human trafficking practices. This data is relevant to data on migrant
workers from NTT who died in 2016-2019, where the death rate was quite high.
Table 10. Migrant Workers from NTT who were Returned Dead
Year Male Female Total
2016 26 20 46
2017 43 19 62
2018 71 34 105
2019 (Januari-Juli) NA NA 119
Source : BP3TKI Kupang
Almost all the bodies of the migrant workers who were sent home were migrant workers
categorized as migrating illegally to Malaysia. In 2018, of the 105 migrant workers who
returned dead, 102 were undocumented workers, and as many as 100 people who died
worked in Malaysia. Then, throughout 2019 BP3TKI (now UPT BP2MI Kupang) recorded that
119 Indonesian Migrant Workers from NTT were sent home dead, an increase compared to
2018. Out of these, only two departed by procedural route, while the others were non-
procedural migrant workers. There were 117 NTT migrant workers who died in Malaysia, and
1 person each from Singapore and Senegal. Although there are various causes of death in
the documents for the repatriation of each body, this is often questioned. Because not a few
migrant workers are victims of exploitation who suffer violence from their employers abroad.
Table 11. Number of Human Trafficking Cases in East Nusa Tenggara Province
Year Total
2015 1667
2016 726
2017 137
2018 1906
2019 816
Source: processed from various media sources and victim assistance institutions.
A Tempo investigation in 2017 revealed that the case of the death of Yufrinda Selan, a woman
migrant worker from NTT who was a victim of human trafficking. After 10 months of missing,
Yufrinda returned to his hometown of Soe, TTS, on July 14, 2016, the day before her 19th
birthday, dead.7Although it was said, to the victim's family, that the victim died from hanging
herself at the employer's house, there were a number of traces of violence on the victim's
body. The Yufrinda Selan case succeeded in bringing a former police, El Tari airport security
officers, even immigration officers into custody.8
7InvestigasiCukong TKI di Malaysia, Tempo Magazine, edition 20-26 MARCH 2017 8http://irgsc.org/index.php/2018/09/14/diana-aman-dan-sakitnya-sistem-peradilan-perdagangan-orang-di-ntt/
31
The involvement of government officials in human trafficking syndicates was also revealed in
April 2014, when the Head of the Kupang Regency Labor Office Services was stated to be
involved in protecting the activity of sending of children to become migrant workers, even being
directly involved in making fake travel documents.9In addition, the suspicion of the magnitude
of corruption and human trafficking can also be seen based on the risk map of the distribution
of areas from the Suspicious Transaction Report (LTKM) by the reporting party to the
Indonesian Financial Transaction Reports and Analysis Centre (PPATK). According to
PPATK, it is known that the regions with the largest alleged flow of funds for trafficking crimes
in persons are the provinces of DKI Jakarta, NTT, and West Java.10Furthermore, the trend of
submitting LTKM from reporting parties in NTT to PPATK has also increased, from only 3
LTKM in 2010 to breaking through 146 LTKM in 2014 and 138 LTKM in 2017. The highest
LTKM transaction nominal touched 12 billion, and the majority were related to corruption,
fraud, and human trafficking.11
The situation of poverty and low education of migrant workers is getting worse with minimal
government support and involvement of state officials in trafficking syndicates in NTT.
According to Penny, there are 3 reasons why human trafficking in NTT is increasing. First, the
government lacks the attention and awareness to see the issue of trafficking in persons as an
emergency situation, second is the high number of corruption cases in NTT, then the third is
the lax law enforcement.
The results of a critical study of the performance of law enforcement officials and cases of
human trafficking in Indonesia indicate that in addition to low commitment among law
enforcers, the role of the judiciary often does not side with victims and perpetuates impunity
for traffickers. One example of the bluntness of the judiciary is the failure to bring Adelina's
employer to justice, Adeline herself is a female migrant worker victim of violence who returned
dead. Perpetrators of violence get freedom and face no legal consequences. The trafficking
syndicate that trapped Adelina was also not disturbed, which is a reflection of how the state
and judiciary are absent and unable to provide justice to victims.
Adelina's case, which just happened in 2018, has become a highlight, not only for the public
in Indonesia but also for Malaysia. Adelina Lisao, a domestic worker from NTT, was found
helpless on the porch of her employer in Malaysia in a terrible situation until she later
died.12The situation that befell Adelina is not just the misfortune of a migrant worker who has
been subjected to violence from her employer to death. More than that, Adelina is a portrait
that shows the poor situation of labor and human trafficking in NTT and in Indonesia. Adelina
is also a victim of systemic and customary poverty which puts poor women in a situation of
helplessness and weakness. Due to poverty, Adelina could not continue her schooling after
finishing elementary school. Customs of the people which weakens women also weakens the
position of women, she was kidnapped by a broker who left 500 thousand rupiah as sirih
pinang with her next-door neighbor. Neither neighbors nor families with their little
understanding and information regarding migration procedures try to find out and did not even
9https://kolom.tempo.co/read/1065825/perdagangan-manusia-dan-korupsi-di-ntt 10Secretariat of the Task Force for the Prevention and Handling of TIP, 2018, Report 2018: Prevention and Handling of the Crime of Trafficking in Persons 11https://www.ppatk.go.id/siaran_pers/read/783/berantas-perdagangan-manusia-ppatk-gelar-sosialisasi-anti-tppu-di-kupang.html 12For a month Adelina was forced to sleep outside the house with her employer's dog, without food and in a condition full of wounds. Adelina was treated at Bukit Mertajam Hospital but ultimately, they were unable to help her because of her severe condition.
32
question this crime. The state also contributes to the poor legal protection for migrant workers
where identity falsification that facilitates trafficking in persons does not receive meaningful
prevention. The above systematic situation was balanced with the poor justice situation while
working in Malaysia until she finally passed away.13
The root of the problem that causes the situation of vulnerability of women and the poor is that
the migrant workers from NTT have never been thoroughly resolved and handled with genuine
policies and commitment from various elements, including the government, religious leaders,
traditional leaders, and other important actors. Thus, the vulnerability experienced by women
and the poor, which is so high in number in NTT, including those trapped in trafficking in
persons, is actually exacerbated by exploitative migration policies and governance, the
religion that is insensitive to problems, and patriarchal culture and customs that produce
violence based on gender.
Chapter 2 Summary Conclusions from the regional overview and the context of the problems in East Nusa
Tenggara and the three research areas described in Chapter 2 above can be summarized in
the following points:
• The economic growth of NTT is relatively low compared to other regions, one of the
reasons is that development in NTT is not evenly distributed, which benefits the elite
and the rich. This is because land, means of production, and capital are only controlled
by a handful of elites. Bappenas also found that economic growth in NTT was only
enjoyed by the upper-middle class.
• Meanwhile, infrastructure development also raises many problems, such as land
acquisition which results in the exclusion of the poor and indigenous communities and
the loss of their livelihoods as well as their sources of livelihood. Tenure of land that
is concentrated on a handful of elites and owners of capital causes farmers to have
more limited agricultural land ownership, which encourages people to migrate to
Malaysia.
• The level of financial independence of the NTT province and the three research areas
is still low, seen from the course of development and regional financing that is still
dependent on central funds, and locally-generated revenue that is still tiny, some even
below 10% of total regional revenue. Contribution of Regional Owned Companies and
Separated Regional Wealth Management to PAD also contributed the smallest figures
compared to other sources of income.
• The portrait of poverty in NTT shows a large disparity between urban and rural areas.
According to BPS as of March 2020, NTT was in the third position of the province with
the highest poverty rate, which was 20.9%. The East Nusa Tenggara Province Human
Development Index is low, which is at 65.23, however, the NTT Province Gender
Development Index is high, higher than the national figure in the 90s. A high IPG can
13Read more: Sahertian, Emmy, Adelina: Au Fain, Aku Mau Pulang, 2020, in the Memoria Passionis Bulletin Vol I - May 2020. Adelina underwent a name change and her age was raised 6 years more from 16 to 22 years old. While working in Malaysia, Adelina was also unpaid, severely malnourished and tortured, completely unable to communicate with her family, unable to fight back, even after her death she also did not recieve justice.
33
occur because the HDI of male and female is almost equal, can be both high, equally
moderate, or even both low. The latter happened in NTT Province.
• Most of the migrant workers have an elementary school level education. The low level
of education of migrant workers has many implications for situations of multiple
vulnerabilities that can be experienced from the time they are recruited, to the time
they work abroad, as well as when they return from abroad.
• The people of East Nusa Tenggara are among those who still uphold customary
practices. Customary celebrations involving traditional festivals at no small cost have
been suspected to be the cause of the persistence of poverty in NTT. One of the
customs which takes up a lot of the economic resources of the community and is
suspected to be the cause of the high number of cases of violence against women is
belis. The results of the research by the Flores Volunteer Team for Humanity (TRUK-
F) concluded that belis was a source of violence against women in households in NTT.
• The employment situation in NTT, if you look at the small percentage and number of
unemployed people, is actually not bad. Out of the total workforce in 2019 - which is
at 2,477,703 - 83,030 or 3.35% were unemployed (BPS, 2020). However, the situation
of the workforce in NTT is not ideal. First, part of the workforce who work turns out to
only have an elementary education, with the status of unpaid domestic workers, where
most of them are farmers who help in family farming activities and work without pay.
Second, the largest unemployment in NTT is 48% dominated by the workforce with
high school education and 28.7% college education.
• The situation of poverty, low education, as well as knowledge of migrant workers, is
getting worse with minimal government support and involvement of state officials in
trafficking syndicates in NTT. The root of the problem that causes the situation of
vulnerability for the women, the poor, and the migrant workers from NTT is that the
problems have never been thoroughly resolved and dealt with genuine policies and
commitments from various elements, including the government, religious leaders,
traditional leaders, and other important actors. Thus, the vulnerability experienced by
women and the poor, which is so high in number in NTT, including those trapped in
trafficking in persons, is further exacerbated by exploitative migration policies and
governance, a religion that is insensitive to problems, and patriarchal culture as well
as customs that produce violence based on gender.
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CHAPTER 3:
RESULTS OF THE SURVEY OF COMMUNITY
ATTITUDES IN THREE DISTRICTS
Through a quantitative approach, this study measures the attitude of the society towards the
moratorium policy and the human trafficking situation in the three research areas.
Measurements are made on three main aspects forming attitudes; Cognitive Aspects,
Affection Aspects, and Behavioral Aspects. The following are some general findings from the
survey in the three research areas.
Respondents Profile This study reached 1,173 respondents who were the people of East Nusa Tenggara Province with the distribution in 16 villages in three regencies/cities. The three areas include; Kupang City, Sikka Regency, and West Manggarai Regency with considerations as the base or origin area of migrant workers, but with different socio-demographic characteristics from one region to another.
Chart 1. Respondents Gender
Source: Primary Data
From the demographic characteristics related to gender, 57% of the respondents or the community sample were female. Women's views are the dominant feature of this study. Most of them have roles as mothers, relatives of migrant workers, former migrants, those who have experience in migrating, and who still have the motivation to migrate. Most of the respondents (58%) were workers, (25%) were housewives, and (9%) were students. Most of the types of work (24%) performed by respondents were farming.
The characteristics of the respondents in each region also indicate the diversity of activities. First, the population in the sample of people who have school/college activities is quite high in Kupang (15.2%) which is quite dominant among the other two regions. Meanwhile, for communities that do not go to school/work, West Manggarai Regency has the most dominant number (14.6%) compared to the other two areas. Characteristics of respondents based on gender indicate that most women and men work (33.33% and 24.64% respectively). There
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are 24.98% of women who identify themselves as housewives. Uniquely, there are more women who go to school/college than men, with the percentage of 5.2%, while men with only 3.41%. The number of men who do not go to school/work is more than women, with percentage of 6.22%.
Chart 2. Characteristics of Citizen Activities based on Gender
Source: Primary Data
The majority of the sampling population were married (75%). This marital status affects the
orientation of the attitude formation on the role/consequences and the responsibility of the
socio-economic aspects of the marital status. This also illustrates how the responsibility of the
NTT community to children and relatives is bigger after the existence of a marriage bond. This
marital status is illustrated as having a significant influence on the formation of community
attitudes regarding the object of research.
Chart3. Respondents Marital Status
Chart4. Religion
Meanwhile, related to cultural-demographic characteristics, the population sampling in this
study shows that the majority religion of the respondents is Catholic. The composition of this
religion can show the influence and outlook on the life of the community. In addition, it also
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illustrates the potential access to information as an effort to prevent trafficking in persons in
NTT.
Chart5. Crosstab of Gender and Education
Respondents in this study were dominated by female respondents with a basic education level
(elementary school and junior high school) with the percentage of 27.5%, and male
respondents by 25.5%. In addition to respondents with a basic education level, around 8.5%
of respondents did not attend school. Thus respondents with a basic education level of 9 years
or less are the main subjects of this study with a total of 60% respondents. Their educational
backgrounds and insights significantly influence the formation of society attitudes towards
moratoriums and human trafficking. Respondents at the secondary education level are a less
dominant style, but both women and men have a large composition to form a new sub-cluster,
with a total of 24.5% (women 15.69% and men 8.87%). Meanwhile, respondents with higher
education were less dominant, around 15%. Respondents with higher education are generally
in Kupang, while respondents with basic education or less are generally based on rural areas
in Sikka and West Manggarai. Variations in the education level of respondents illustrate the
level of literacy and access to media (both print and social media) which indirectly affects
access to information and knowledge related to this research object.
Society’s Attitude Toward Human Trafficking Reading on the results of the community attitude mapping in the three research areas shows
that the majority of the society of East Nusa Tenggara (in the sample areas) have a positive
degree of critical awareness of the existence of human trafficking. This is indicated by the
percentage of respondents' awareness of 50.6% who are aware of the practice of trafficking
in persons and the desire to report to the authorities to provide protection.
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Chart6. Attitudes towards Trafficking in
Persons Practices in Labor Migration
The formation of society critical awareness of human traffing is seen influenced by the degree
of knowledge of the issue in their respective regions. Measurement of attitudes in the table
above shows a balanced number between people who have critical awareness (50.64%) and
the level of critical unconsciousness which is influenced by economic considerations, as well
as ignorance of the situation due to trust in agents/recruiters (49.36%). This contradicts the
society's attitude towards human trafficking issue in East Nusa Tenggara. This contradiction
also deserves attention since the percentage of respondents who know about human
trafficking, but do not want to report it and respondents who do not know because they have
trusted the agent are quite high.
In general, respondents' knowledge about human trafficking is quite good. Especially in two
regions, Kupang and Sikka. Different results are found in West Manggarai, where 56% of
respondents do not know about human trafficking, as can be seen in the table below. More
than half of the respondents in West Manggarai are not aware of human trafficking. The low
access to information about TIP is shown by only 9% of respondents in West Manggarai who
claim to get information from the local/village government. The role of local government in
West Manggarai in providing information about TIP is the lowest compared to the other two
research areas.
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Chart7. Level of Knowledge about Trafficking in Persons in Three Regions
Information sources are an important component for society in obtaining the knowledge and
developing critical attitudes. Sources of information that sorrounded the human trafficking
indicate the dominant degree of the role of mass media and social media. In Kupang, the
significant source of information on human trafficking is the mass media, this indicates a better
literacy rate in urban areas, especially in access to media. The mass media plays an important
role in providing information related to trafficking in persons and creating awareness. Even so,
access to mass media is still minimal and limited in urban areas.
Chart8. Sources of Information on Trafficking in Persons
However, there is a different situation shown in Sikka, where the village government shows a
better role in providing information related to human trafficking compared to the other 2
research areas, although the figure of 17% is small compared to other sources of information
such as media, social media, and friends. This shows that the role of the village government
is important and needs to be increased to reach and provide information to prevent trafficking
in persons, especially in rural areas.
Then what needs to be noted is that schools and parents have the smallest role in the three
research areas in providing information about human trafficking. In fact, schools, including
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religion-based schools, as well as parents and families, are the closest sources of information
that can be accessed by the community. Apart from that, the role of churches and other
religious organizations as well as non-governmental organizations is also not mentioned here.
Furthermore, still related to the critical attitude of society towards trafficking in persons, the
results of quantitative measurements show that the degree of critical awareness of
respondents in responding to the moratorium policy on the placement of migrant workers is
divided into two, which is (46.72%) where the Regional Government must be responsible for
providing jobs because it has implemented a moratorium on outgoing migrant workers, and
(50.64%) where the Regional Government have done a correct effort in implementing a
moratorium because it is the government's duty to protect its citizens wherever they are.
Meanwhile, critical awareness that positions the moratorium policy as a violation of citizens'
rights to work abroad is shown through the low level of critical awareness.
Like the chart below, less than 3% of respondents think that the moratorium policy is a violation
of people's right to work. This means that most respondents believe that the labor moratorium
policy in NTT does not violate people's rights to work abroad. The moratorium is also seen as
the correct way to protect citizens from human trafficking. However, the community hopes that
the Regional Government will provide jobs.
Chart9. Attitudes towards the Moratorium Policy on the Migrant Workers Placement of
East Nusa Tenggara
On the other hand, as seen in the chart below, which shows a sizeable dimension of
measurement of value (38.18%) related to public support for the moratorium policy which
states that "The government's effort for a moratorium on placement is right" – as a solution to
the problem..
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Chart10. Critical Awareness of the Practice of Giving “Thank You” Money as a Start of
Human Trafficking
However, support for this moratorium policy is quite contradictory to the level of parents'
permissiveness towards “uang sirih pinang” or "thank you money". The transfer of money to
parents and relatives is one of the modes of recruitment for undocumented migrant workers
and an early form of human trafficking. The results of this study indicate that the majority
(49.57%) of respondents stated that the parents (victims) did not know that the money they
received was a payment in modes of trafficking in persons. This means that some respondents
think that the “thank you money” given is unknown or not categorized by the community as
part of the mode of trafficking in persons.
Furthermore, below are the quantitative results of the respondents' answers in the research
area regarding the three aspects used in measuring people's attitudes, including cognitive
aspects, behavioral aspects, and affective aspects.
Cognitive Aspects The survey results on the cognitive aspect showed that most respondents (47.78%) did not
agree that the moratorium was a form of violation of rights, while the second-largest opinion
was Strongly Disagree (17.15%), meaning that around 65% of respondents understood that
the existence of the moratorium doesn't violate anyone's rights. This shows that more
respondents believe that the existence of a moratorium does not violate people's rights and
has more positive than negative aspects. The data above shows that information on
widespread trafficking in persons has not been accompanied by the strengthening of a rights
perspective. Another conclusion of the analysis is that the moratorium policy is not seen as a
violation of rights, because there are alternative conditions that do not degrade a person's
rights.
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Chart11. Cognitive Aspects – TheMoratorium on Sending Migrant Workers
from East Nusa Tenggara is a Violation of Rights
In addition to a large number of disagreement that says the moratorium is a violation of rights,
the results of the survey also indicated that 46.29% of respondents disagreed that local
governments do not need to make moratorium policies on migrant workers because
employment opportunities in the regions are still limited. This means that some respondents
feel that local governments need to make a moratorium policy as a form of protection for
citizens.
This result is in line with the attitude of the respondents towards the community's right to work
abroad. Most of the respondents (56.31%) disagreed and 25.94% strongly disagreed that
everyone, regardless of age, has the right to work abroad to improve economic conditions.
This means that most respondents are aware that the community has the right to work abroad
to improve the economy, but this right is still limited to members of the community who meet
the requirements, one of which is the age requirement, that is, not under 18 years old or more
than 45 years old.
Chart12. Cognitive Aspects – Every Family Member regardless of Age can
Work Abroad to Improve the Economic Conditions of the Family
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Specific readings related to community attitudes towards child labor issues in each region
show a variety of situations. Out of the three research areas, the attitude of Sikka Regency
shows the most positive degree (disagreeing that family members regardless of age can work
abroad to improve economic conditions) compared to West Manggarai and Kupang.
Chart13. Cognitive Aspects per Region –Every Family Member regardless of
Age can Work Abroad to Improve the Economic Conditions of the Family
From the chart per region above, it appears that respondents in Kupang City have the highest
percentage of approval in the community's statement regardless of age, they can work abroad
to meet the economic needs. This is a paradox, considering that respondents in Kupang City
have the highest knowledge (related to human trafficking) compared to the other two areas
regarding trafficking in persons. This means that public knowledge of the issue of trafficking
in persons has not been able to or cannot be the only aspect that shapes people's attitudes
regarding the dimensions of awareness of child rights/age restrictions in work which have the
potential to become the practice of trafficking in persons.
Chart14. Gender Aggregation – Informationon Safe Migration from the
Government is Not Important, Because Everyone Has the Right to Migrate to
Improve Family Economic Conditions
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Furthermore, the opinion of the next respondent is related to information on safe migration
from the government. Most of the total respondents reached 81.33% of respondents stated
that they disagreed with the statement that information on safe migration from the government
was not important. Women's groups had the strongest opinion on the importance of safe
migration information from the government compared to men's groups. Thus, most
respondents supported the right to migrate in order to improve the economic conditions of the
family, but information on safe migration from the government is crucial in migration. From the
large number of opinions that agree, it shows public awareness, especially women, of the
importance of safe migration information.
Respondents also considered that the moratorium on migrant workers abroad had prevented
people from becoming victims of human trafficking. This is indicated by the survey results
where 40.31% of respondents agreed and 23.06% of respondents strongly agreed that the
moratorium had prevented people from becoming victims. This finding partially shows that
most people are able to link knowledge about moratoriums with the objectives of the
moratorium.
Chart15. The Moratorium on Sending Migrant Workers Abroad Has Prevented
Members of the Community from Trafficking in Persons
Affective Aspects In the affective aspect, this study looked at responses that indicated the degree of like/dislike
of the respondents towards human trafficking. There were a number of respondents' opinions
that were explored in this aspect, one of which regarding the existence of “thank you money”
from recruiters to the families of migrant workers, the choice of attitudes towards illegal agents
who recruit migrant workers, who are informed about the dangers of trafficking in persons
abroad, and how respondents behave towards events in the environment that indicate
trafficking in persons.
The survey results showed that 58.62% of respondents disagreed and 30.46% strongly
disagreed with a statement that says ““thank you money” from recruiters/brokers is reasonable
for each family to receive. Therefore, I don't have to tell my neighbors/relatives that there is
potential for human trafficking.”This is in line with the respondent's answer to the statement "I
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do not want to interfere in the affairs of neighbors/relatives who offer work abroad to their
daughters, as long as the broker has given "thank you money"." Where, 57.26% of
respondents disagreed, and 28.29% of respondents stated that they strongly disagreed with
the statement. This means that most respondents do not agree that: a) "thank you money"
from recruiters or brokers to migrant workers' families is acceptable, b) it is not important for
respondents to inform neighbors/relatives of the potential for trafficking in persons, c) it is not
important for respondents to care with neighbors/relatives who have the potential to
support/become victims of trafficking in persons.
Chart16. "Thank you money” from
recruiters/brokers is reasonable for
each family to receive. Therefore, I
don't have to tell my
neighbors/relatives that there is
potential for human trafficking
Chart17. I do not want to interfere in the
affairs of neighbors/relatives who offer
work abroad to their daughters, as long as
the broker has given "thank you money"
Furthermore, most respondents also seems to pay attention to prospective migrant workers.
This is indicated by the large number of respondents who disagree (57.85%) and strongly
disagree (26.19%) with the statement "I allow illegal agents to recruit migrant workers, as long
as they do not harm prospective migrant workers." Respondents also expressed disagreement
with the statement "I tell the dangers of trafficking abroad only to my immediate family," as
well as the statement "I do not need to participate in the anti-trafficking campaign because I
do not have any young female relatives who are potential victims of trafficking in persons".
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Chart18. I tell the dangers of trafficking
abroad only to my immediate family
Chart19. I do not need to participate in the
anti-trafficking campaign because I do not
have any young female relatives who are
potential victims of trafficking in persons
The two tables above also show the amount of respondents' disagreement with the last two
statements in the survey conducted. This shows a) most of the respondents >80% do not
allow illegal agents to recruit workers even though it is not detrimental to migrant workers, b)
75% of respondents think that informing about the dangers of human trafficking should not
only be to their immediate family, c) 85 % think it is necessary to take part in the anti-trafficking
campaign even though they do not have relatives who are potential victims of trafficking in
persons. The number of female respondents who supported the anti-trafficking campaign for
the entire community, both of those who strongly agreed or agreed reached 47.7%, while the
number of men with the same opinion reached 37.8%.
In one component of measuring the affective aspect, this study also portrays the respondent's
attitude towards the role and existence of Law Enforcement Officials (APH) in trafficking cases
which show a degree of preference (50.64%) to stop the criminalization of law enforcement
officers who are solving cases of trafficking in persons through law supremacy against the
parties who does those criminal acts.
So in general, the survey results for the affection aspect in the three regions showed that most
respondents did not agree with the existence of illegal recruiters who were indicated to have
a role in trafficking in persons. Although there is a "thank you money" there and although the
labor is not harmed. Then, most respondents also really care and feel that information about
the importance of the dangers of trafficking is not only for immediate family or relatives who
have the potential to be victims.
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Behavioral Aspects Behavior that is reviewed in this aspect involves a person's response in doing something about
the object of attitude in the form of human trafficking in their social environment, whether it is
considered good or bad by the respondent.
The survey results, as seen in the table below, show that most of the respondents, which is at
the percentage of 42.78% agree and 29.17% strongly agree that brokers should not recruit
workers in the village at all. This is in line with the response to the next question, where 48.29%
of respondents disagreed and 29.27% of respondents strongly disagreed that brokers were
allowed to recruit in the village if they did not harm the residents. This means that on average
70% of respondents are consistent with the opinion that brokers should not recruit workers in
the village, even though the recruitment does not harm the community.
Chart20. Brokers are completely
prohibited from recruiting migrant
workers in the village
Chart21. Brokers may recruit and earn
profits, as long as they don't harm the
community
In this aspect, the respondent also received questions related to how the respondent felt about
the responsibilities of the family, community, village government, and community leaders. The
survey results show that there is a slight difference between those who agree (36.81%) and
disagree (33.05%) with the statement that the community has a greater responsibility than the
government in tackling trafficking in persons in NTT. This means that respondents are quite
divided between who is most responsible for tackling this problem in NTT, whether it should
be the government or the community.
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Chart22. The Village Government
does not need to play a maximum
role in preventing human trafficking
Chart23. Community /Societyleaders need
to be actively involved in combating
trafficking in persons, but it is their families
who decide
Most of the respondents disagreed (63.16%) and strongly disagreed (28.55%) with the
statement that the village government does not need to play a maximum role in preventing
human trafficking. This means that around 90% of respondents think that the village
government need to take a maximum role in preventing trafficking in persons. Most
respondents also agreed (63%) with the statement that community/local leaders need to be
actively involved in combating human trafficking, as well as from the families. The women's
group had a stronger opinion on this matter than the male group. This means that most
respondents think that family, community leaders, and village government have an important
role in preventing and combating trafficking in persons in NTT. However, the demands of the
community on the state through representation in the regions, which is through the village
government, are far greater than the demands on the role of community leaders.
Analysis between Variables and Clusters Cross tabulation (crosstab) in this study was conducted to see the potential linkages between
socio-demographic aspects of the formation of individual attitudes in responding to the
phenomenon of human trafficking and the moratorium policy on the placement of migrant
workers from East Nusa Tenggara Province. The analysis concluded from the measurement
of society's attitudes in East Nusa Tenggara shows that the people of East Nusa Tenggara (in
the sampling area) have a positive critical awareness of the human trafficking phenomenon
that occurs. This positive critical awareness is associated with a social learning process of
developing values involving individual or inter-citizen interaction, stakeholders, mass media,
and social media.
Even though it shows the formation of a positive attitude, the measurements carried out saw
an association with the local context related to demographic aspects which included the
dynamics of the social and economic situation. One of the highlighted findings is the specific
condition shown in Sikka Regency for the low level of knowledge about human trafficking.
Mapping the measurement results also shows the relationship between aspects (affective,
behavioral, and cognitive) and causality between them to form an attitude. This mapping also
confirms and refines the analysis on each of the aspects presented earlier.
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In the cross-tabulation table below, it can be seen the relation between cognitive-affective-
behavioral aspects that shape attention to the formation of positive society attitudes to be
involved in efforts to combat human trafficking. On the other hand, the measurements that
have been taken also show that people's attitudes in dealing with the phenomenon of human
trafficking still have a high degree of trust/confidence in the structural institutions of policy
stakeholders (government and law enforcement at the local level). This is indicated by the
measurement of the cognitive aspect which shows the trust in the role of the local government
in providing information and protection for migrant workers in East Nusa Tenggara, including
believing in the moratorium on the placement of migrant workers implemented by the
government as one of the protection measures for migrant workers from East Nusa Tenggara.
Table 12. Cross-tabulation of Cognitive-Affective-Behavior Aspects (1)
No. Aspects Questions Strongly Agree
Agree Uncertain Disagree Strongly Disagree
Q47 COGNITIVE Safe migration information from the government is not important, because everyone has the right to migrate to improve the economic conditions of the family.
1.20% 11.20% 6.24% 58.80% 22.56%
Q59 AFFECTIVE I don't need to participate in the anti-trafficking campaign, because I don't have any young female relatives who could potentially become victims of trafficking in persons.
0.34% 6.31% 7.94% 58.19% 27.22%
Q54 BEHAVIOR Community leaders need to be actively involved in combating trafficking in persons, but it is their families who decide.
13.76% 49.23% 10.34% 18.38% 8.29%
Measurement of cognitive aspects in this study is associated with aspects of affection which
indicate a positive degree of attention. This is indicated by the degree of dislike from the
respondents regarding the involvement of brokers or parties, who have the impression that
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they are detrimental to migrant workers or have the potential to open up opportunities for
trafficking in persons. This is confirmed through the cross-tabulation which tries to map the
causality between the cognitive-affective-behavioral aspects that form an attitude below.
Table 13. Cross-tabulation of Cognitive-Affective-Behavior Aspects (2)
No Aspects Questions Strongly Agree
Agree Uncertain Disagree Strongly Disagree
Q49 COGNITIVE The temporary terminal (moratorium) on sending migrant workers abroad has prevented members of the community from trafficking in persons.
23.06% 40.31% 20.58% 10.67% 5.38%
Q58 AFFECTIVE I do not want to interfere in the affairs of neighbors/relatives who offer work abroad to their daughters, as long as the broker has given "thank you money"
0.26% 5.98% 8.21% 57.26% 28.29%
Q51 BEHAVIOR In my opinion, brokers are allowed to recruit and earn profits. As long as it doesn't harm us.
1.28% 14.76% 6.40% 48.29% 29.27%
Then in the behavioral aspect, the measurements taken also show a degree of positive
behavior as a significant part of attitude formation. This can be seen in the measurement
components that show significant attention to actions to support the Village Government and
community leaders to play more roles in combating human trafficking. In one specific
component, the results of the attitude measurement indicate the degree of preference for
actions or behavior as a community to be actively involved in efforts to prevent human
trafficking.
Cluster Analysis The cluster analysis in this context is intended to identify potential categories in the formation
of attitudes of the people of NTT regarding the moratorium policy and the phenomenon of
human trafficking. The survey results showed that there were at least three cluster mappings
based on the topics/variables used in this study. First, variable analysis with topics related to
knowledge about the phenomenon of trafficking in persons in the form of attention to attitudes
and cognitive aspects as seen in the table below.
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Table 14. Component of Cluster Analysis Variable (A)
No. Aspects Variables Dominant Values
Q40 Critical Awareness 2
Knowledge of human trafficking in labor migration
Know and want to report if they find cases (50.64%)
Q41 Critical Awareness 3
Response on human trafficking as an emergency
Government and community leaders must promote public awareness (50.47%)
Q42 Critical Awareness 4
Opinions regarding the police criminalization against human trafficking
Police who criminalize must be punished (50.64%)
Q43 Critical Awareness 5
Opinions regarding the giving of "thank you money"
Parents do not know the potential for trafficking in persons (49.57%)
Q44 Critical Awareness 6
Responses related to high cases of the death of migrant workers from NTT
The government must protect citizens (65.13%)
Q45 COGNITIVE 1 Moratorium Policy is a violation of rights
Disagree (47.78%)
Q46 COGNITIVE 2 Every family member may work regardless of age
Disagree (56.31%)
Q47 COGNITIVE 3 Safe migration information is not important
Disagree (58.80%)
Q48 COGNITIVE 4 Local governments do not need a moratorium because employment is still limited
Disagree (46.29%)
Q49 COGNITIVE5 The moratorium has prevented the public from trafficking in persons
Agree (40.31%)
The results of the cluster analysis of variables (A) using a divider for the three clusters show
that there is a degree of attention that maps the different characteristics of each cluster. The
first characteristic is the sub-clusters (1) and (2) that have significant concerns regarding
knowledge of the issue of human trafficking and its relation to labor migration. Meanwhile, in
sub-cluster (3), there are sub-dominant characteristics in the community who do not know
about human trafficking because they still believe in labor agents/recruiters.
The community's knowledge base regarding issues in the characteristics of the sub-cluster (1)
shows the formation of society's attitudes that think the government and community leaders
need to encourage public awareness regarding human trafficking become an increasingly
emergency situation that is detrimental to humanity. Meanwhile, the sub-clusters (2) and (3)
tend to have the attitude that there was a lack of knowledge regarding the issue of human
trafficking because the government and community leaders did not provide information
regarding the issue. However, in general, the characteristics in the sub-clusters (1) and (2)
agree with the moratorium policy and believe that the government at the provincial to village
levels has full authority to protect their citizens from human trafficking.
In the analysis of cluster (A), the cognitive aspect shows attention to the characteristics of the
sub-cluster (1), in addition to agreeing with the moratorium policy on the placement of migrant
workers, which is the understanding that the moratorium policy does not violate a person's
human rights. Meanwhile, in sub-clusters (2) and (3), there is a potential tendency of attention
51
that positions the moratorium policy as a form of rights violation. Likewise with the belief that
there is no need to consider the age limit for working abroad. Characteristics of the sub-cluster
(1) tend to agree that there is no need for consideration of age limits. Meanwhile, sub-clusters
(2) and (3) were more likely to disagree and believe that there is a need to consider the age
limit for working abroad. Out of the three sub-clusters of characteristics of society attitudes,
cluster (2) actually shows potential attitudes in countering or preventing trafficking in persons.
Along with sufficient critical awareness regarding the issues and problems of trafficking in
persons, the formation of society attitudes in sub-cluster (2) is supported by cognitive aspects.
Second, cluster analysis is carried out to read the characteristics of the variable of behavior
and affection aspects related to the role of the society, village government, and the response
to the role of agents/recruiters in non-procedural migration which is related to the act of human
trafficking.
Table 15. Component of Cluster Analysis Variable (B)
No Aspects Variables Dominant Value
Q52 BEHAVIOR 3 The community has a bigger responsibility than the government
Agree (36.81%), Disagree (33.05%)
Q53 BEHAVIOR4 Village government does not need to play a role Disagree (63.16%)
Q54 BEHAVIOR5 Community leaders need to be actively involved Agree (49.23%)
Q55 AFFECTION 1 "Thank you money" is reasonable, therefore there's no need to tell it to potentially trafficked people
Disagree (58.62%)
Q56 AFFECTION2 Allowing illegal agents to recruit as long as it’s not detrimental
Disagree (57.85%)
From the measurement results of this analysis, the attitude of the society sub-cluster(2) has a
dominant degree with a positive tendency on aspects of behavior that are divided between
agreeing and disagreeing that the community has a greater responsibility than the
government. However, in the next variable, cluster (2) shows a dominant characteristic of
disagreeing that the village government does not need to play an active role in combating
human trafficking.
In the cluster analysis (B), the affection component shows the most significant characteristics
of society's attitudes, especially in the sub-cluster (3) which disagrees that “thank you money”
is reasonable, therefore there is no need to tell relatives if there is potential for human
trafficking. This is interesting because even though it has sub-dominant characteristics in the
aspects of previous attitude formation, the formation of community attitudes in the sub-cluster
(3) on the affective aspect has a positive concern. Out of the three characteristics of the
cluster, sub-cluster (2) still shows the most dominant degree of attitude formation with positive
tendencies in the behavior and affection aspects.
Third, cluster analysis is carried out to map the characteristics of the society’s attitudes
formation on variables related to the potential for active participation or activism against
trafficking in persons. Reading the results of mapping the characteristics on the three sub-
clusters shows that the attitudes of the community in the sub-cluster (1) dominate the
52
formation of affective attitudes that agree that they need to participate in the campaign against
human trafficking, compared to clusters (3) and (2).
Table 16. Component of Cluster Analysis Variable (C)
No. Aspects Variabels Dominant Value
59 AFFECTION 5
I don't need to participate in the campaign because I don't have any relatives who could be potential victims
Disagree (58.19%)
If it is related to the characteristics of the attitude formation cluster through analysis (A) and
(B), the minimal tendency of activism in the attitudes of the society cluster (2) can be read as
an implication of the dominant attitude in believing that combating trafficking in persons is the
responsibility of the government, so that people do not need to have a significant role.
Although it shows a positive concern in the formation of attitudes including cognitive aspects,
affective aspects, and behavioral aspects, the results of quantitative attitude measurements
show a paradox. The paradox shown is the contradiction between positive attention to the
formation of society attitudes towards the phenomenon of trafficking in persons and the policy
of a moratorium on the placement of migrant workers as well as the high potential for trafficking
in persons in East Nusa Tenggara. Further explanation of this phenomenon will be explained
in Chapter 4.
Chapter 3 Summary The results of the measurement of community attitudes conducted through a survey of 1,173
respondents (505 men and 668 women) in the three research areas of Kupang City,
Manggarai Regency, and Sikka Regency, showed a number of findings. These findings
illustrate how critical awareness and society attitudes towards human trafficking are in
accordance with the context of their respective situations and regions.
First, in general, public knowledge is still limited regarding to human trafficking, except in urban
areas such as Kupang where 80% of respondents already know about the issue of human
trafficking. This situation is different from West Manggarai where more than 50% of
respondents do not know about trafficking in persons.
Second, one of the reasons for the low level of public knowledge about human trafficking is
the lack of socialization, according to the survey, most information comes from the mass media
and social media, as well as friends. Results from Kupang shows a better level of media
literacy and exposure than the other 2 regions, as nearly 80% of respondents in Kupang City
cite mass media as their main source of information. Meanwhile, the village government has
a small role in providing information, the highest is in Sikka Regency which reaches 30%.
Third, 50.54% of respondents knew and would report to the authorities if they found out about
trafficking in persons, however, 23% of respondents said they did not need to report and 25%
of respondents said they did not know about trafficking and believed in
agents/brokers/recruiters. This shows that there are some respondents who do not have the
awareness and critical attitude to report when they encounter or experience cases of trafficking
in persons, and 1 in 4 respondents believe in brokers/recruiters.
53
Apart from the three general findings above, this study also explores 3 aspects of attitude,
including cognitive aspect, affective aspect, and behavioral aspect. On the cognitive aspect,
related to the moratorium on stopping the sending of migrant workers in NTT, some
respondents considered that the moratorium did not violate community rights, but the
government needed to provide employment opportunities. The survey also shows that some
respondents agree that despite economic hardship, everyone, regardless of age, can work
abroad.
The community has sufficient knowledge and empathy that children should not be migrant
workers. The largest proportion of respondents who stated that they did not agree came from
Sikka Regency, on the other hand, those who agreed that people could become migrant
workers regardless of age were actually the most respondents from Kupang City. Then most
respondents also agreed that the existence of a moratorium could prevent people from
becoming victims of trafficking in persons.
Furthermore, on the affective aspect, some respondents agreed that: a) "thank you money"
from recruiters or brokers to the families of migrant workers is not acceptable, b) it is important
for respondents to inform neighbors/relatives of the potential for human trafficking, c) it is
important for respondents to participate in the affairs of neighbors/relatives who have the
potential to become victims of human trafficking. In addition, respondents also pay attention
to potential migrant workers even though they are not relatives or their families. This is
indicated by the survey results: a) most of the respondents >80% do not allow illegal agents
to recruit workers even though it does not harm migrant workers, b) 75% of respondents think
that informing about the dangers of trafficking abroad should not only be to their immediate
family, c) 85% think it is necessary to take part in the anti-trafficking campaign even though
they do not have relatives who are potential victims of human trafficking.
Finally, on the behavioral aspect, an average of 70% of respondents were consistent with the
opinion that brokers should not recruit in the village, even though the recruitment did not harm
the community. Then, respondents are quite divided between who is most responsible for
tackling trafficking in persons in NTT, whether the government or the community. There are
those who believe more that the government has a bigger responsibility and there are those
who see that the community has a bigger role and responsibility here. Most of the respondents
also considered that families, community leaders, and village government had an equally
important role in preventing and combating trafficking in persons in NTT.
In the cross-tabulation analysis between the main activities and people's attitudes, almost all
indicators of the main activities of the community tend to have a positive attitude towards the
moratorium policy on the placement of migrant workers. They consider this action as the duty
of the government to protect its citizens. Even though it shows the formation of a positive
attitude, the measurements carried out saw an association with the local context related to
demographic aspects which included social and economic dynamics. One of the salient
findings is the specific conditions shown in Sikka Regency for the low level of knowledge about
trafficking in persons.
The survey results show that the affection aspect is the strongest aspect compared to the
other two aspects. There is high affection and concern for the importance of information about
the dangers of trafficking, not only for relatives but also for other members of the society who
are potential victims. In addition, the results of measuring this quantitative attitude indicate a
paradox. The paradox shown is the contradiction between positive attention to the formation
of people's attitudes towards the phenomenon of human trafficking and the policy of a
54
moratorium on the placement of migrant workers compared to the high potential for human
trafficking in East Nusa Tenggara.
55
CHAPTER 4:
GENERAL PATTERNS OF HUMAN
TRAFFICKING IN THE MORATORIUM PERIOD
Migration, Remittances, and Moratorium The results of this study find relevance that migration is still a strategy for obtaining security,
both economically and culturally for individuals and families. The amount of remittances
calculated by the state generally only includes procedural migration, not including
undocumented migration which is a characteristic feature of migration in NTT, especially
Flores. Remittances are not only for the economic but also social and cultural. These
economic remittances from undocumented migrant workers have a major impact on
development at the village, community, and particularly family levels. These undocumented
migrant workers support their family and village income in the midst of the lack of employment
opportunities in the village/region.
Thus, the moratorium has an impact on reducing remittances that previously played a major
role in regional development and the family economy. Although there are doubts about the
management of remittances and their impact on poverty alleviation, compared to the income
structure of the community which is agrarian-based, remittances have a big socio-economic
impact on the people of NTT. The existence of remittances as a source of income for the
families left behind, both for the nuclear family and the extended family. In addition, the
existence of remittances becomes a tool to facilitate individual cultural practices, norms, and
identities to integrate with the culture of origin area. Remittances sent to families are also a
means of transforming family care. Remittances, at the same time, measure attention and
their relationship with family and relatives in the hometown, even though this means
impoverishment because remittances are used for consumptive needs (Gallo, 2013).
Economic, social, and cultural remittances for communities in NTT are a strategy to bind tightly
on the purpose of getting their existence acknowledged and recognized by local
communities.14The people's submission to their customs is manifested in the community's
obedience to carry out a series of traditional events/ceremonies which actually costs a lot of
money. In NTT and in their society, there is a tradition of paying belis from the groom to the
bride, belis in the form of elephant ivory and traditional equipment, which is huge in nominal
value, reaching thousands to hundreds of dollars.15For the migrant worker community from
14In this cultural practice that has been replicated for generations, how remittances are spent on traditional ceremonies or family/relatives is an indicator of the recognition of the community of origin to PMI. 15The people of Flores and Timor are bound by three important entities: religion, customs, and the State. Out of the three institutions, customs has greater control than the other two entities. Religion through church institutions became the second reference for society before they submitted to the state. Belis and the financing of traditional ceremonies are borne jointly by the bride and groom and the male family (Maribeth Erb,...). Paying belis and holding wedding ceremonies are the activities that absorb the largest remittances, followed by paying debts for departure fees, especially high-interest debt through loan sharks, building houses, wedding expenses, education costs, and daily needs. The church, as the second influential institution, has issued an edict so that the community does not force itself to hold traditional ceremonies and pay the expensive belis request, but this appeal has not been paid much attention to by the community.
56
NTT, organizing marriages under customary law, belis, and other traditional parties is a
bonding strategy with their community. Customary traditions are part of impoverishment, but
on the other hand, communities bound by this customary unit have strong community solidarity
even when they are outside their geographic area.
This research found that a large number of people did not know about the moratorium. The
research team was almost always bombarded with questions by respondents about what a
moratorium on the sending of migrant workers was, even though after getting an
understanding of the community, they could determine their attitudes or approvals and
disagreements regarding the moratorium. The number of respondents who agreed with and
gave notes to the moratorium was split in two. Respondents who gave notes to the moratorium
was also split into 2 groups, a larger number tend to be more permissive about the moratorium
as long as the government provided employment opportunities, while a smaller number
refused because the moratorium on sending migrant workers was a violation of rights.
Availability of employment is the key, as long as employment and living wages are not yet
available in NTT, the community will continue to strive to use existing socio-cultural modalities
to break through the moratorium limits.
There are some respondents who see the moratorium on labor abroad as a policy that violates
a person's right to work. Respondents who stated that the moratorium was a violation of the
right to work were generally located on an urban basis, especially in Kupang City. However,
one of the Village Heads from Sikka who was present at the stakeholder FGD also had the
same opinion, stating that the moratorium was a violation of rights.
“So I did state that I do not agree, because it violated human rights. If they
want to go there, we can't possibly prohibit them, we're in the village
asking people to go through clear rules. Going through the steps from the
neighborhood, to the village, and then to the related department. From
those steps, I agree. Second, in the past, there were quite a lot of cases of
illegal workers already, imagine what happened if the moratorium exists.
That's why we disagree. According to us, these artificial reasons are going
to keep increasing. There are so many illegal things, especially now, they
can't go because of the moratorium, this case will keep increasing even
more. Therefore, I said this moratorium shouldn’t exists.”
Head of Done Village, 22 September 2020
The view of the village head is based on an understanding of a rights-based approach where
work is a human right of citizens that must be fulfilled by the state. Therefore, the state cannot
prohibit its citizens from working abroad. In a rights-based approach, migration should not be
prohibited, especially when the state fails to provide decent employment at the local and
national levels. A rights-based approach requires clear and strong rules to protect citizens.
However, this moratorium actually strengthens the state's paternalistic approach where the
state only prohibits but does not provide real solutions to problems related to basic rights of
citizens, such as providing employment opportunities. The paternalistic approach shown in
this moratorium has had a real impact on the increasing number of cases of human trafficking,
especially on women and children, not only abroad but also domestically.
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Efforts to break the moratorium limit can at least be proven based on the data on the number
of the non-procedural Prospective Indonesian Migrant Workers (CPMI) "secured" by the Task
Force for the Prevention and Handling of Non-Procedural Workers in NTT Province. The task
force, in a series of field operations, has secured 1379 non-procedural CPMI people from NTT
in 2018, and as of July 2019 as many as 684 people.16This shows that the old loophole, which
is returning to migrate through non-procedural channels, has also been tried, even during the
moratorium period.
Chart24. Non-Procedural Prospective Migrants Failured Departure
Source: Speech of the Governor of NTT, 2019
Through the moratorium, the local government tries to stop the sending of non-procedural/non-
governmental prospective migrants/CPMI. Meanwhile, the competent CPMI is also
experiencing hurdles. On the other hand, based on employment data at the provincial and
district levels, the source of employment in NTT has not significantly expanded. This
contradiction in the context of employment makes people try to find employment gaps that
they might still get.
These gaps include re-entering agricultural work, working in the tourism support sector which
is currently increasing in potential, especially in West Manggarai. A moratorium also does not
simply mean that people stop migrating, there are strong indications of a change in destination
or transit area as well as the mode of migration. Besides that, the impact of the moratorium
on villages has also begun to be felt where the reduction in working CPMI resulted in reduced
remittances and the increasing poverty, hunger, and also the potential become victim of
human trafficking within the region/country.
The cases of non-procedural CPMI departures by the anti-trafficking task force show that
during the moratorium period, the people of NTT were still trying and having the motivation to
work as migrant workers. On the other hand, this shows that people still need jobs and income
that is difficult to obtain from their place of origin. Alongside that, custom-related needs also
continue to go along with the life cycle. This factor causes undocumented migration to remain
an attractive channel when the procedural channels are formally closed. However, this data
does not reflect migrant workers who continue to depart through the new recruitment mode
and the old recruitment mode, which are not secured by the Task Force for the Prevention
16Based on the Task Force for the Prevention and Handling of Non-Procedural Workers, the Province of NTT has secured 3168 non-procedural CPMI from NTT from 2016 to July 2019. In 2016 there were 443 people, in 2017 there were 662 people.
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and Handling of Non-Procedural Workers and the Anti-Trafficking Task Force for NTT
Province.
This can happen because the moratorium is not in a vacuum. In fact, kinship, customary, and
cultural ties have dominated the largest mode of migration for sending undocumented migrant
workers out of the country, particularly Malaysia. The strong bonds of community solidarity in
self-help or undocumented migration, which has been operating since 70 years ago, have
actually operated beyond the state. As evidence, procedural migration data from NTT are
always smaller than the projection of non-procedural/cultural migration actors. In large
numbers, people still feel that these kinship ties will save them from economic limitations and
restrictions by the state.
Moratorium and Governance Improvement, Are They Really
Connected? As the NTT Governor's decision in 2018, the moratorium aims to improve migration
management so that it can reduce the number of TIP cases. However, until the second year
since the enactment of the moratorium in NTT, there are no indications and evidence that
show improvements in migration governance. Migration management until the second year of
the implementation of this moratorium has not received significant attention. LTSA as a form
of procedural migration governance has not yet been optimized for its function, it has even
been freezed and stopped working.17
In the FGD with stakeholders from 3 districts/cities in the research area including the NTT
provincial government, it was found that the state had not really optimized its efforts to
eradicate trafficking and exploitation in a comprehensive and systematic manner. The efforts
made by the NTT government through a moratorium are still in the form of an ad hoc policy to
reduce the situation amid the high spotlight on the many cases of criminalization and the death
of PMI from NTT. In terms of human resources, the task force is a tactical step taken by the
NTT government, the amount of budget for both the operation of the Task Force and for
outreach to the community is still minimal.
The socialization of the moratorium by the government is still weak, causing many parties at
the community level to not know about it. Government representatives from 3 research areas
confirmed the lack of socialization regarding the moratorium. Funds are one of the main
obstacles to socialization. The still limited public knowledge about trafficking in persons shows
that so far the governments of the 3 districts and cities are weak in disseminating information
about trafficking in persons. The Head of the Family Planning Population Control Office for
Women Empowerment and Child Protection (P2KBP3A) of West Manggarai Regency
17Based on the monitoring of the NTT Ombudsman (27/10/2018), the LTSA office is not yet operational because there are still several things that need to be addressed. This visit was conducted to see the readiness of the unit to provide services when the PMI moratorium was reopened. (Source: Object Lewanmeru, 2018, This article has been published on pos-kupang.com with the title of Hasil Pantauan Ombudsman NTT di Kantor LTSA TKI NTT, https://kupang.tribunnews.com/2018/10/27/ini-hasil-pantauan-ombudsman-ntt-di-kantor-ltsa-tki-ntt). In 2017, the Ministry of Manpower opened One-Stop Integrated Services (LTSA) in Kupang, with the hope that CPMI will receive adequate information regarding the overseas labor market and the required competencies. (Source: https://www.floresa.co/2017/09/04/ltsa-untuk-tki-dibuka-di-kupang-ini-manfaatnya/).
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confirmed that the socialization from the government regarding trafficking in persons was still
lacking so that the community's knowledge regarding this issue was still limited.18
The provincial government's moratorium policy to prevent human trafficking through this
moratorium has received support from the DP3KBP3A of District/City.19However, further
information was obtained that the coordination between the district government and the
provincial government was also not running intensively and sustainably. Local governments
also have difficulty interpreting and implementing the governor's decision regarding the
moratorium on sending CPMI with a lack of real support from the provincial government,
particularly in expanding access to work at the local level, provision of BLKs, and of course,
for outreach.20The number of BLK as a medium to facilitate CPMI training is also inadequate
compared to the number of workers who depart through procedural and non-procedural
channels. Currently, only 3 BLKs in NTT are operating. Meanwhile, decent work based on
official government data shows that the number of jobs is not yet proportional to the number
of the workforce.
The local government seeks to establish a series of procedures for the recruitment and skills
improvement of prospective workers, both inter-country and inter-regional migrant workers.
The recruitment of labor between countries is carried out by P3MI/Indonesian Migrant Worker
Placement Company together with the Manpower Office, in this case, a legal entity is
appointed, a limited liability company that obtains written permission from the minister to
provide placement services for Indonesian migrant workers. The recruitment process begins
with socialization starting at the level villages, however, this was admitted by the Sikka
Regency Manpower Office that it had not reached all villages due to limited funds. In addition,
all districts, including Sikka, do not have BLK.
“In addition to socialization, the company also recruits workers to be sent to
conduct training at the BLK in Kupang, after training there are 1/3/6 months,
then they obtain a certificate, they will complete the document. If the
document is appropriate, then an interview is conducted, after that, the labor
office provides recommendations in issuing passports for prospective migrant
workers. Meanwhile, for between regions, LPKTS, private employment
placement agencies, together with the labor office have the same recruitment
process, as between countries. The training is at the BLK in Keo, because
Sikka does not have a training center for workers yet”
Department of Manpower and Transmigration of Sikka Regency,
22 September 2020
DP3KBP3A from 3 districts, cities, and provinces in the research area also admit that this
moratorium policy alone is not enough because human trafficking is involved an international
network, across countries, and supported by large capital. The state tends to admit the
18Source: West Manggarai FGD, 16 September 2020 19Dinas Pengendalian Penduduk Keluarga Berencana Pemberdayaan Perempuan dan Perlindungan Anak (DP3AKB) 20Especially during this pandemic period, the budget transfer in handling Covid-19 was quite large, so that the budget for activities outside of Covid-19 was significantly reduced, such as the budget for empowerment.
60
weakness of its capacity to reach cross-state actors wrapped in transnational crime without
showing any concrete steps that can be taken to reach the individual/corporate actors behind
the transnational crime. However, the state was quick to point out that human trafficking was
simply due to a lack of prevention and awareness at the base level. Even though the problem
point is that the case is not resolved because the state has not made serious efforts to improve
migration governance as the goal of the migrant worker’s moratorium.
"...therefore, at the root level, the families, the neighborhood can prevent
(the occurrence of trafficking in persons), so they can face this doubt.
When this (trafficking) cannot be prevented, even if the moratorium exists,
will continue. The point is that the moratorium is great, but that all
components at the base level must be able to prevent it and that the public
awareness is still given."
DP3KBP3A of Sikka Regency, 22 September 2020
A year after the implementation of the moratorium, the Governor of NTT has not shown that
he has strategic and comprehensive steps to reduce or resolve TIP cases. Even responding
to the increase in cases of death of migrant workers from NTT in 2019, where around 98% of
them are migrant workers, the Governor still tends to blame the perpetrators of
undocumented/cultural migration. This problem in neglecting the rights of migrant workers to
obtain protection and fulfillment of rights by the state is actually being ignored because the
state dichotomizes between procedural migrant workers and non-procedural migrant workers.
As quoted by Kompas (2019),21"This is the result of those who want to become illegal migrant
workers. So if they die there, we'll just bury them, what else can we do." This opinion shows
that the NTT provincial government does not yet have an adequate perspective regarding the
protection and fulfillment of the rights of migrant workers, both departing and returning through
procedural and non-procedural channels. Thus the moratorium is merely a populist policy but
does not address and resolve the root of the problem.
Thus it can be said that the state has the opportunity to strengthen its legitimacy in migration
regulation. However, the state does not take this opportunity by not improving governance,
providing jobs, and solving inequality problems.
Victims of Human Trafficking, Risky Migration, and Moratorium Why is undocumented migration is still attracting the people of NTT? In fact, the public has
often heard the news of the death of migrant workers from NTT who migrated through non-
procedural channels due to exploitation and trafficking of people and trafficking of organs. The
relationship with people's attitudes, mindsets, and behavior will be described below:
Socialization of the moratorium by local governments is still weak, as indicated by the small
outreach and budget for socialization. In-depth interviews were found to be different from the
survey results. In-depth interviews and data triangulation results actually found that the NTT
21https://regional.kompas.com/read/2019/11/26/13383081/soal-tki-ilegal-gubernur-ntt-kalau-sukses-syukur-jika-tewas-dikubur
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community's understanding of trafficking in persons was still quite weak. First, the community
always refers to researchers to first provide information about the moratorium and trafficking
in persons to then be able to show understanding, affection, and possible actions to respond
to the problem.22Lack of information about the moratorium causes migrant workers and their
families to not understand the prohibition to migrate. This is shown by the work of brokers from
inside and outside the village, although the number has decreased to recruit migrant workers
during the moratorium from 2018-2019.
This weak public trust in government-regulated procedural migration is in contrast to the high
level of public trust in brokers. This practice is driven by a large international migration
business that uses brokers to reach poverty-based villages. In addition, brokers become
entrenched because most brokers are former migrant workers from local villages who are
often labeled as successful migrant workers. So that the brokers with the prospective migrants
they recruit often still have close familial ties or acquaintances. This context is in line with the
findings of this research that public awareness of trafficking in persons is caused by the high
level of trust in brokers/recruiters. This research found that prospective migrants and their
families were not critical of the need for documents/procedures for migration because they
fully trusted intermediaries.
This research also found that the practice of human trafficking began during the recruitment
process by brokers. Sr. Eustochia from TRUK F, an advocacy organization for women and
migrant workers in NTT said this was because of the lack of socialization from the government.
So far, most of the socialization has been given to village governments, neighborhoods, but
there is no guarantee that this information reaches the general public. This is in line with Romo
Rikard who stated that the involvement of religious elements in the smallest government
elements such as the neighborhoods and villages has not been maximized.
“The public believes in brokers because government socialization is
lacking, there are but not many. There is no guarantee whether the
neighborhoods transmits information to the public or not because the
evidence is that a lot of people trust brokers. For example, the
neighborhoods say don't go, you will be sold later. They thought people
didn't understand. People would think, no way they are so poor in Sikka
that people sell people. With such limited thinking, it is difficult for the
public to grasp the meaning of human trafficking."
Sister Eustochia–Truk F, 22 September 2020
The community generally recognizes trafficking in persons from the death cases of migrant
workers from NTT who are victims of violence/exploitation while working. The community does
not pay too much attention to the fact, that generally, human trafficking victims are migrant
workers who migrate illegally. The most popular sources of information about human
trafficking are mass media, social media, and friends. This shows the magnitude of the
influence of the mass media, friends, and social media in providing information related to
22The results of the in-depth interviews differ from the survey results. The results of the in-depth interviews show a lack of public knowledge about the moratorium. In the triangulation with the enumerator team, it was found that the enumerator team and in-depth interviewers even had to explain the moratorium before the respondents stated their stance on PMI's moratorium policy.
62
human trafficking to the public. Mirsel, Robert, and John Manehitu (2014) stated that local
media played a big role in raising the issue of human trafficking in NTT, but there were few
opinions on the issue of human trafficking in 2010-2013. This shows that there is little
intellectual interest in studying and sharing about human trafficking in NTT.23Local media
interest also seems to have increased in the last few years considering that cases of trafficking
in persons before and after the moratorium are still ongoing. Representatives from Media
Timur Express, a local media in NTT, said that human trafficking is no secret, but difficult to
penetrate due to a lack of socialization, from the government and the lowest levels of
government such as neighborhoods and villages, so that many people are still being conned
by labor brokers..24
The Victims, and Society's Attitude to Human Trafficking The family becomes a micro context which is indicated as one of the driving factors for human
trafficking in East Nusa Tenggara Province. In this case, the obedience of children to their
parents causes them (although sometimes they are still minors) to give up entering the world
of work, become migrant workers to improve the family economy, and get out of poverty. It is
not uncommon to find cases of parents allowing underage children to go to become migrant
workers, even parents receive a certain amount of money as payment for their child's
departure abroad/sirih pinang.
Parents in rural areas are easily tempted by the lure of money that will be obtained if their
children go abroad without considering the risks faced. On the other hand, research conducted
by Kiling and Bunga (2019) shows that the motive for trafficking victims about why the victim
decided to work abroad is family. Four out of five victims stated in the study their reasons had
to do with helping and pleasing their family. On the other hand, there are factors such as a
patriarchal culture that discriminates against women and vulnerable groups. The strong
paternalism in NTT resulted in women having weak access and control in making decisions,
subordinate so that they were easily manipulated into victims of trafficking in persons. From
the explanation above, it can be concluded that apart from the cultural context, human
traffciking is difficult to eradicate because of the large number of mafias playing, government
officials are involved and parental awareness is low (Penny, 2019).
This study found that even female migrant workers who work through regular/documented
channels still experience vulnerability to exploitation during work, such as working excessive
working hours, short rest periods, being excluded from the outside world, and being cut off
from communication with their families. worship. This research also found that migrant workers
who go through procedural channels still experience other vulnerabilities, such as being
employed in 2 families. One migrant worker who migrated through the procedural process
even said that he had never experienced violence from his employer, but was diagnosed with
paralysis due to excessive working hours. Generally, they are only given 15 minutes of rest
during the day. So that actually and maybe without realizing it, the respondents experience
exploitation.
23Source: Mirsel, Robert and John Manehitu. 2014. Komoditi yang disebut Manusia: Membaca Fenomena Perdagangan Manusia di NTT dalam Pemberitaan Media. Ledalero Journal Vol 13 No 2. December 2014. 24Source: FGD in Sikka Regency, 22 September 2020
63
"(I) wake up early at 04.00-11.30 lunch break. Take a 15-minute break,
then work again until 22 at night. Salaries are received every month but
are kept by the employer. Until the time my employer asked me to go to
the bank to see the total and change it to the rupiah value. In the work
contract, there is a point that says I can worship according to my beliefs
but in reality, I don't go to church because there is a long history of
domestic workers running away when they go to church so my employer
doesn't allow it."
Access to and control over money is also severely restricted. Employers pay salaries but
access and control over money are not granted to migrant workers until before the contract is
completed.
For migrant workers who migrate through non-procedural channels, there is a tendency to
experience a bad situation since departure. During the recruitment process, the victim was
persuaded by a broker who promised them a good salary. The broker is a woman from Kupang
who lives in Bali. The victim did not know her, but did know the broker's siblings and parents
who were police. Victims do not have ID cards and family registries, brokers are the ones who
take care of all documents. They went to Surabaya, Tanjung Pinang, and Malaysia by
speedboat. There is no training, the victim is also not asked for a fee. The process is swift,
they only wait 1-2 nights in each transit city.
"When she (the broker) looks for people, we immediately look for
information about who MAL is, our broker. From there, the information we
got was that she was the daughter of a police officer (who is well known in
our village). So I decided to come because we are Kupang people, there
was no way they would con us. They said to go to and be a migrant
worker, but they actually sold us. The broker promised me what salary I
could give to my mother and children. There is no fee whatsoever to go to
Malaysia. At that time I did not have an ID and family registry, all of which
were taken care of by the broker. I do not know anything."
The results of the interviews indicated that brokers were generally known to migrant workers.
They are neighbors/relatives of a village or at least they are family members with whom they
recognize their kinship line. This often results in prospective migrant workers not critical of the
departure mechanism, the need for documents and work contracts. The results of this
research triangulation show that until now these brokers still live in the village and their
reputation is still recognized as brokers who arrange the departure of migrant workers to
Malaysia.
Migrant workers who are recruited by brokers through undocumented or non-procedural
channels are generally in conflict with their spouse/family or in situations of extreme poverty.
Respondents have a background of dropping out of school, living in poverty, and are victims
of domestic violence (KDRT). They generally have no experience working in foreign countries,
but their economic condition is what motivates them to take offers from brokers. In general,
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brokers promise a large amount of money so that migrant workers are attracted to accept the
offer.
Apart from that, brokers also pay some sirih pinang money to the family. They give up to
Rp2,000,000 to the respondent's family when they arrived at the transit location in
Batam/Nunukan. This situation causes migrant workers to have the burden of continuing the
work agreement to Malaysia, especially when all documents are handled and held by the
recruiter. During the Tempo investigation, it was found that trafficking in persons involved
bribery and corruption from officers at the airport who arranged for migrant workers to depart
at the airport so that they would not be suspected. These officers are well paid by the trafficking
network. Part of the money earned is used to give sirih pinang to the families of the migrant
workers.
Based on Henny's statement (TRUK-F), the moratorium has absolutely no impact on the
situation of labor migration or migrants from Sikka. Henny agrees that there is a "new pattern"
in recruitment so that it is increasingly difficult to know the modes and methods.
The Sika people don't care and there is no impact. The village head also
cannot prohibit, "if the village head does not handle it then can the village
head gives us something to eat?" The decline was due to the recruitment
system with phase and cut off method. Now they use “new pattern” to
recruit individuals. The recruitment method using cut off network.
The high demand for migrant workers coupled with the need for employment opportunities
keeps the recruitment of migrant workers going. Recruitment has been carried out using
various modes, the emergence of new challenges, including the existence of a moratorium,
has made the mode of recruitment constantly changing. More details will be explained below.
Old Strategy Modes and Kinship Pathways For families in NTT, especially the Flores region, migrating outside the island/abroad to help
their parents is a common thing to do, the same is done by their parents (Kiling and Bunga,
2019). This habit has been passed down from generation to generation as a behavior that is
common in families and communities, across generations. Second, NTT has a strong tradition
of inter-island mobility in the form of a long historical legacy of cross-island shipping from the
Lamaholot people (NTT land and sea). The purpose of the voyage was to trade and migrate
as plantation workers on the island of Borneo/Kalimantan. The transition of Indonesia's status
to a country has implications for migrant workers who work in Borneo, part of which later
becomes Malaysian territory. The tradition of cross-island shipping began before Indonesia's
independence and has survived to this day to become a type of migration known as self-
help/independent/non-procedural migration.
In the tradition of self-help/cultural migration, those who come from the same area act as
intermediaries for migrant workers who need assistance in obtaining passports and visas,
providing shelter until prospective migrant workers obtain work visas, providing temporary
accommodation at their work locations in Malaysia, providing training work, to bring in cash
remittances to be handed over to his family. These solidarity networks are often brokered by
brokers who are usually successful former migrant workers who come from the same village
as the prospective migrant workers' origin.
65
Through self-help migration, people mobilize themselves for inter-island-between-country
mobility, they sometimes go alone or in small and large groups by boat from Adonara,
Maumere, and Larantuka to Nunukan as the border gate to Tawau, Malaysia. In Nunukan,
migrant workers take care of passports and visit/work visas with the help of relatives or
acquaintances who are also from NTT who act as brokers. Brokers also play a role in
accommodating and facilitating the daily needs of prospective migrant workers until they get
a visa to cross to Tawau, West Malaysia. Relatives who have previously worked in Sabah are
a social network that has a central role in finding jobs, accommodating them before getting
work, including providing job training.
Although the role played by brokers is similar to rent-seekers in the process of arranging the
departure and processing of documents, the results of this survey indicate that brokers are
still trusted figures to provide migration information and make arrangements for migrant
workers' departure. In this solidarity, traditional and ethnic ties have filled the empty space for
protection that is not provided by the state. In the context of saying 'thank you' for the help of
one island, one tribe, one custom, migrant workers hold traditional wedding ceremonies, held
from 3-7 days of slaughtering many pigs and cows to feed many people. Thus, remittances
are both a goal and a means to meet family needs as well as an investment in the area of
origin. These two models develop to form new models, such as tempered altruism and
enlightened self-interest models, where emittance as a direct result of migration is aimed at
the increasing attachment to the area of origin. So that remittances in this model are a way to
diversify the risk of migration from private risk to communal risk.
Even in the case in Done Village, which is the village in the implementation area of the
Productive Migrant Village (Desmigrative) program where the village head has stated that
there are no brokers who enter the village, but the village head finds it difficult to control those
who leave the village to work in Kalimantan or Batam. Even though the community also knows
that those who work in Kalimantan or Batam are one step before crossing to Malaysia by using
the kinship route. This can be seen from the departure process of these migrant workers.
“Since departing from Done Village, we have used a motorcycle to
Maumere. After that, using a ship to Batam. We stayed one week in Batam
to take care of passports.” (TIP victim)
The existence of kinship/community networks in the recruitment and placement of migrant
workers is a network as well as a guarantor of social protection for perpetrators of irregular or
non-procedural migration. However, this aspect is what the state fails to provide for migrant
workers who are categorized as non-procedural. The state also does not do much at a time of
economic impoverishment because these cultural impacts are profound. From the results of
the FGDs, it was found that the state that was embodied in the local government could not do
much other than provide appeals. There is no state policy that is specifically produced to
reduce the impact of this cultural impoverishment. The weakness of the State in the
transparency of implementing safe migration has actually become an opening for members of
the Adonara community to provide a 'new protection' role for members of their community,
even though this is done in violation of State regulations, for example: falsification of passport
identities, bribes to State officials to issue passports that are not compatible identity.
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At the time of this research, several operating modes were found in order to leave the region
and enter Malaysia. This mode still takes advantage of the old kinship network, they move
from the island to the location of their relatives in Nunukan or Batam. Generally, move
individually or in separate groups. It is this non-procedural prospective migrants continues to
try to leave the village but is caught by the anti-trafficking task force. As stated by the anti-
trafficking task force, most of these non-procedural prospective migrants escaped arrest, while
others continued to try again until they managed to leave the area. Outside these areas the
document processing process is carried out, using both calling visas and falsification of
documents.
Migration practices like this are not easy to overcome with a moratorium, considering that
some people have been dependent on remittances for so long and have made working abroad
an important source of livelihood, despite the many risks. On the other hand, the efforts of the
migrant worker community to continue trying to migrate is due to information from their
relatives that there are job opportunities in Malaysia, especially in the plantation and
household sectors. As explained in the previous chapter, Malaysia is the main destination
country for migrant workers from NTT. The demand for migrant workers in both construction,
plantation, and domestic workers in Malaysia is quite high. Out of the 84% of workers in
Malaysian oil palm plantations, most of them come from Indonesia, this makes Malaysia,
especially the palm oil sector, very dependent on Indonesian migrant workers.25
New Strategy Modes During this moratorium period, it is suspected that a new recruitment mode was developed to
avoid the task force. The non-procedural migrant workers' departure mode occurs individually
with a cut off network system. Brokers in the new recruitment mode did not play the role of
picking up prospective migrants to the villages. Brokers encourage them to meet up at the
airport/port individually. Brokers also have intermediaries/messengers who are tasked with
meeting CPMI at airports/ports in Timor, Flores, Surabaya, or Jakarta. So that in this new
recruitment mode, the physical contact between brokers and prospective migrants is very
limited.
As stated by the anti-trafficking task force from 3 research areas, the mode of departure of
migrant workers is no longer as collective as it used to be. At this time they departed
individually and not through the airport. The land routes and sea routes are chosen by brokers
to dispatch migrant workers illegally.
Brokers do not only come from neighbors/relatives but can come from completely new people.
The introduction between prospective migrants and brokers was mediated by friends or even
through social media.
25Malaysia has repatriated 14,072 Indonesian migrant workers (antaranews.com) due to government
policies in dealing with Covid-19. The Malaysian government has tried to recruit local workers but has
encountered difficulties because working on oil palm plantations is considered dirty, difficult, dangerous,
and degrading.https://katadata.co.id/ekarina/berita/5f155f22ec261/kekurangan-tenaga-kerja-produksi-
sawit-malaysia-terancam-anjlok-25. This labor scarcity threatens to reduce Malaysian palm oil production
by 25%.
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“The last few years, recruiters are getting smarter. (The workers are) sent
to Jakarta for theological studies or holy book studies. Every month there
is a sending of (religious) leaders to serve "spiritually" in the plantation.
Migrant workers have donations to build a church in Timor. In Timor, it can
be seen from the homes of migrant workers. They went overseas because
one of the members in the village was a foreman from a plantation in
Malaysia. Some time ago, some bodies were sent to the village."
Information from Yanto, IRGSC activist, in a group interview in
Kupang, 19 February 2020
The above statement shows that the involvingprospective migrants mode of recruitment is
increasingly diverse, ranging from the mode of education, service to the community, to fraud
and kidnapping.
Human trafficking has also found a new pattern in this moratorium, which is shown by the
increase in TIP cases in the NTT region as well as within Indonesia. In 2020, the NTT province
was shocked by the case of trafficking of women and children from NTT to become domestic
workers and restaurant workers to Jakarta or Medan. Some of them are still in school, but they
are promised to work for big wages. Some of them left the house secretly.
In this new mode, brokers have a much bigger role as criminals. A kind of kidnapping to move
women and children who are potential victims of human trafficking is done by manipulating
their awareness. Some even use manipulation in the form of intimate relationships in the form
of dating, to rape, and to force the victim to leave the area of origin.
"From the results of our assistance, we found that the mode currently used
is that field officers contact boys in the village, the method is to start dating
girls. So the mode of dating continues to be carried away. However, before
they are taken away, they made love to each other first. On average, they
were brought to Medan and Kalimantan. These children are minors.”
Sarci, companion of human trafficking victims
The case above shows that villages are still targeted by human trafficking because of the weak
access to information on the moratorium and human trafficking. This has resulted in brokers
still coming to the villages freely. The change in the recruitment mode used by brokers is also
intended to deceive migration officers and the anti-trafficking task force. One of the
respondents of this study is a victim of human trafficking where he was moved to his “training”
location from Surabaya, Jakarta, Medan, to Batam. During the training period, they were not
paid. Even victims who were already employed in the household did not receive wages.
The newest mode of recruitment and sending of migrant workers who are indicated as
trafficking in persons is to give a certain amount of betel-areca money, but on the condition
that the parents of the victims take prospective migrants to the airport to trick the officers. The
recruiter has provided the parents so that they can answer the officer's question that they are
sending their children on vacation outside the area. Parents are also prohibited from providing
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information if this mode is known by officers.26Vacation and study reasons are also carried out
by giving airplane tickets to prospective migrants so that they can go alone, therefore they are
not detected by officers at the airport. Recruiters are devising a new strategy by using high
levels of family affection to break the boundaries of the migrant worker moratorium. With these
new modes, it is becoming increasingly difficult to prevent trafficking in persons in NTT. Police
admitted the difficulty of detecting trafficking in persons with these new modes in the FGD
conducted in this study.
“Indeed, the mode has changed, the nowadays mode is that they go
separately, not in groups, so they have followed developments, making it
is difficult to detect. If one group holds the ticket, it's easier to prevent."
UPPA Polres Sikka / Police Unit in Sikka Regency
This study also found an increase in cases of trafficking of women and children to become sex
workers in the closest tourism enclave, such as Labuan Bajo. Acute poverty conditions in the
villages, as a result of the moratorium and the absence of decent work opportunities, have
contributed to the increase in TIP at the regional and national levels. This is as stated by the
following local leaders, "The impact of this moratorium is very pronounced on the community's
economy. My village. People are having difficulty looking for work, so there is hunger.
Especially when more and more people are unemployed."
Society Attitudes and Human Trafficking during the Moratorium
Period This study found that key informants, mostly former migrant workers and their families who
experienced indications of trafficking or exploitation, also supported the government's decision
to impose a moratorium on the placement of migrant workers. However, key informants
provide this support with 2 prerequisites, which are improving migration governance and
providing decent work opportunities.
Interestingly, although the state has not succeeded in providing adequate employment in a
decent number, the support for the government regarding this moratorium policy is quite high.
This is inseparable from the bad experiences of migrant workers who experience indications
of trafficking and exploitation. This study found that this bad experience was not only
experienced by migrant workers who departed through non-procedural channels, but also
migrant workers who departed through procedural channels. What distinguishes the two
routes is that in the procedural route, the departure of migrant workers tends to be clearer in
terms of rules, costs, procedures, and the route from the origin to the sending area. However,
when working abroad until returning to their place of origin, indications of trafficking in persons
also exploitation continue.
In both procedural and non-procedural channels, sponsors and brokers alike apply betel nut
money that is given to parents or spouses when migrant workers approach the sending area.
On the other hand, the families of the migrant workers do not know what this betel money
26https://voxntt.com/2019/01/08/uang-sirih-pinang-dan-tiket-liburan-ke-luar-daerah-jadi-modus-baru-perekrut-tki/39099/
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means. In this study, it was found that betel nut money became a kind of money to "buy"
migrant workers to be employed abroad or in the context of an agrarian society who
understood it as "mengijon", where they could get results even before harvest time, of course,
at a price that was not feasible. The recruiter's attempt to use the traditional instrument of sirih
pinang is a syncretism between sirih pinang and the belis money, which is culturally aimed at
respecting a given family, but the recruiter uses the instrument to manipulate family’s vigilance
over family members who go outside the area. Neither the migrant worker nor his family is
aware that this money will later be deducted from the deduction of wages the migrant worker
receives. Transparency and accountability in financing and sending PMI is still a big problem,
not only in NTT but also in Indonesia. The size of the deduction charged indicates that migrant
workers are not the beneficiaries of employment in this sector categorized as 3D (dirty,
dangerous, and difficult).
Apart from the debate over the authority in the PPMI Law regarding the authority of local
governments to implement a moratorium, local governments have not made serious efforts to
block the use of traditional instruments as instruments of human trafficking. There is no
strategy specifically carried out by the local government to prevent the use of uang sirih
pinang, although, in one of the largest human trafficking cases in NTT involving officers, it was
found that money was poured out, most of which was distributed to PMI families as sirih
pinang.
Key informants also suggested that brokers should be part of the evaluation in improving
migration governance. Nearly all key informants recruited from the procedural/non-procedural
pathways had a poor experience with brokers/recruiters. Although the survey results indicated
that the community did not agree with the existence of brokers, the results of further data
mining showed that the community saw brokers as outsiders who entered the village. What is
neglected from this statement is the existence of brokers who are generally neighbors in the
same village, even if they are still their relatives or people they know their family line. For
brokers who have this kinship relationship, the community tends to be very permissive.
Moreover, some brokers are also former migrant workers who are considered to have a better
knowledge of migration regulations. This weakens public awareness of indications of
trafficking in persons disguised as migration.
The above conditions indicate that the NTT government's decision to impose a moratorium on
only migrant workers who migrate illegally is incorrect. If the aim is to reduce cases of
trafficking and exploitation then this effort should be done by evaluating the departure
mechanism on the procedural route. In addition, both local and central governments must also
coordinate with governments in sending countries to ensure that migrant workers who migrate
through procedural and non-procedural routes are protected from human trafficking and
exploitation. The NTT government did not make efforts to coordinate with the governments of
the sending countries.
Chapter 4 Summary To date, the state also does not have a relevant mechanism to take back the authority that
was taken over by local communities through self-help migration. Although local regulations
related to safe migration have been made in several districts in NTT from 2011-2012, these
regional regulations are not effective because they are not supported by adequate
implementing regulations, budgets, and infrastructure. This is indicated by the low number of
migrant workers who enter through the procedural placement mechanism and cannot describe
70
the size of migrant workers who migrate through undocumented channels. Even the number
of migrant workers who departed through procedural channels was insignificant when
compared to the number of migrant workers who died from NTT. This shows that
undocumented migrant workers who are not protected by the NTT government through the
moratorium are much larger than procedural migrant workers. This contradicts the protection
mandate stated in the PPMI Law.
This study found that trafficking in persons continues to occur, one of which is the attitude of
the public which is still permissive towards brokers/recruiters. The old mode of recruitment
through kinship channels still persists. There is a potential for greater critical awareness in
sub-cities or because it is driven by programs that promote safe migration interests such as
Desbumi. On the other hand, the kinship network in Batam and Nunukan is stil l the modality
for penetrating Malaysia. A new recruitment mode with an increasingly open crime mode also
seeks tactics in the moratorium.
Progress occurs in villages where the village government has a good level of a critical
awareness on the issue of human trafficking, they can block recruitment brokers from entering
the village. However, recruiting brokers who came from the local village were not seen as part
of the traffickers because they were relatives, so there was no need to be suspected. Whereas
brokers in the new mode are moving more and more agile, they do not need to go directly to
the village to recruit. On the basis of rural poverty, brokers from outside can still enter by using
acquaintances from the local village. Traffickers have even used advances in technology and
social media to manipulate victims. During the moratorium period, cases of human trafficking
with rape were still occurring, persuasion to work with high wages outside the island so that
teenagers/girls suddenly left Soe, to then transit to Kupang to Jakarta or Medan. In these big
cities, they are forced to work as sex workers or domestic workers without wages. From the
Flores area, there is also still recruitment where teenagers/girls are recruited through
introductions on social media/other introduction channels to work as migrant workers or
domestic workers in the country. They were moved to cities under the pretext of training but
without being paid for months. Some who want to work as restaurant workers or domestic
workers end up as sex workers in new tourist destinations in Labuan Bajo and in Bali.
The attitude of society that makes it less critical in combatinghuman trafficking is that the
society is still willing to accept it, and many do not even question the intention of giving sirih
pinang. The use of customary practices by brokers causes the community to see uang sirih
pinang as something that should not be suspected. Respondents in this study and more trust
sources of information other than the government. In urban-based communities with better
literacy levels, the media has become the main reference. However, information from
successful relatives overseas is still the main reference. The lack of socialization by the
government regarding the moratorium and human trafficking has made several invalid
reference sources such as social media and friends heard by the community, especially on
the basis of poverty in villages.
Non-procedural routes experienced restrictions on entering Malaysia during the Covid-19
pandemic. The imposition of restrictions on movement and border closings by the Malaysian
government means that many migrant workers who migrate both procedurally and illegally
cannot enter Malaysia. They are then deported back to Indonesia together with migrant
workers who are caught without documents or have expired visas. Nonetheless, migrant
workers who continue to try to enter Malaysia via mouse routes remain as jobs on oil palm
71
plantations in Malaysia continue to require additional labor.27Many migrant workers have left
the village before the Covid-19 pandemic and are staying in transit areas while waiting for
gaps to enter plantations. This is in line with the data of secured non-procedural prospective
migrants by the anti-trafficking task force. As the task force stated that many more escaped
arrest.
However, many prospective migrants also experienced difficulties in getting out of Timor Island
and Flores because transportation routes outside the area were closed during the Covid-19
pandemic. Traffickers schemed by recruiting labor for employment on the island for both low-
wage tourism support and sex work. When Indonesia reopened transportation routes outside
the region, traffickers again recruited prospective migrants with individual lines breaking up
with destinations to big cities and to Malaysia with many transit points in big cities.
The moratorium has directly eliminated the income of the people who have been relying on
income from remittances. The decline in community income from work at the regional level as
a result of Covid-19 and limited access and community expertise to re-enter the
agricultural/plantation work sector has worsened the living situation of the community. Even
now, hunger and malnutrition apart from dropping out of school have been the impact of the
moratorium on migrant workers and the Covid-19 pandemic.28On the other hand, access to
employment at the provincial/regional level is also limited, as shown in data on the labor force
and job opportunities. The tourism sector until this research has not yet recovered so that it
has not been able to absorb a lot of employment. Thus the community becomes the victim of
being cut off from access to livelihood sources.
The situation described in this chapter shows that a moratorium on migrant workers was
carried out by the NTT government without contingency planning to prepare decent work
opportunities for those who are motivated to migrate, fail to carry out repeated migration, or
those who experience deportation.
The provincial government has also not made significant improvements in migration
management. For example, LTSA as the spearhead of improving migration governance as
mandated by the PPMI Law has yet to function optimally, while the number of BLKs is
inadequate, even some city districts are constrained in activating work services. The task force
that was formed also did not receive adequate budget support, so its function was only optimal
in the early days of the Governor's decision on the moratorium on NTT migrant workers. City
districts also do not have intensive budget support and policy references related to steps that
must be taken during the moratorium period.
From the above explanation, it can be concluded that the steps of the NTT provincial
government to address the problem of high human trafficking with a moratorium on the
placement of migrant workers shows the paternalistic character of the government which is
far from being an effort to fulfill citizens' rights and protect migrant workers from human
trafficking. This moratorium actually caused a variety of bad effects that the government did
not anticipate. As a result, migrant workers, their families, and communities must bear the
risks, one of which is the depth of poverty due to the unavailability of decent work opportunities
27Plantation, agriculture, and infrastructure work are 3 fields in Malaysia that are not closed for migrant workers. 28As a result of the Covid-19 pandemic, the community's income decreased and some experienced layoffs. Some of them work odd jobs and rely on government BLT assistance and assistance from the church.
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at the local level. CPMI also carries the risk of being trapped on the undocumented migration
which is riskier because of the limitation of procedural migration in areas requiring
competence. Whereas the job opportunities available in Malaysia are precisely in fields that
do not always require high competence. During the Covid-19 pandemic, plantations and
construction in Malaysia as fields of work entered into by many migrant worker’s from Flores
and Timor still needed manpower. Thus the government's efforts to arrest migrant workers
who migrate through undocumented routes are in vain because as long as the transportation
mode for human mobility continues to be available. So that migrant workers will continue to
try to find a way out, even though the mode and means of transportation are becoming
increasingly sophisticated, complicated, and require multiple transits. This condition made
migration for the undocumented prospective migrants from NTT even more complicated.
The above conditions have yet to include the 'sophistication' of the tactics carried out by
brokers/recruiters and human trafficking perpetrators who take advantage of the moratorium
by recruiting teenagers and girls to work as workers on islands or in other big cities. The cases
found in this study actually found that the potential for human trafficking on the pretext of
working across islands is also getting higher. The sophistication of brokers/recruiters in
manipulating family affections so that families unwittingly allow their family members to
become victims of trafficking are not responded to with an equally sophisticated strategy.
Not to mention that the kinship system which has proven effective as a network for prospective
migrants is also continuously used as a safety valve when many gaps in migration are closed
by the Government. In fact, this shows that the state is still failing to provide a mechanism to
protect migrant workers that is able to reach the unique traditions of self-help migration that
are unique to NTT. In the context of communal communities in NTT which have a long history
of self-help migration, the moratorium is ineffective. As long as there are no decent work
opportunities in the regions, as long as there is strict adherence to the payment of Belis and
traditional ceremonies, the migrant worker community in NTT always has the motivation and
modalities to carry out undocumented migration. Moreover, this is supported by various modes
of transportation that are still running throughout the moratorium in 2018-2019 and also at
some time during the moratorium on responding to Covid-19.
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CHAPTER 5:
CONCLUSIONS AND RECOMMENDATIONS
Conclusions The study, which was conducted in three regions, Kupang City, West Manggarai Regency,
and Sikka Regency, concluded that public knowledge is still limited regarding human
trafficking, except in urban areas such as Kupang where 80% of respondents already know
about the issue of trafficking in persons, while in West Manggarai more than 50% of
respondents do not know about trafficking. One of the reasons for the low level of public
knowledge about human trafficking is the lack of socialization, both from the government and
from parties with authority and influence such as churches, non-government organizations,
traditional leaders, and other community leaders.
According to the survey, the most information related to human trafficking comes from the
mass media, social media, and friends. Nearly 80% of respondents in Kupang City cited mass
media as their main source. This shows that literacy and public exposure to media in urban
areas are higher and better than in suburban and rural areas. Meanwhile, the village
government has a small role in providing information, the highest is in Sikka Regency which
reaches 30%. This lack of socialization was acknowledged by all parties who attended the
stakeholder FGD, both from representatives of local government, church representatives, and
non-governmental organizations.
Lack of public knowledge regarding human trafficking is also associated with society's
attitudes towards human trafficking. Although 50.54% of respondents answered that they
knew about human trafficking and would report to the authorities if they knew of the cases,
23% of respondents said they did not need to report, and 25% of respondents said they did
not know about human trafficking and believed in agents/brokers/recruiters. This shows that
some respondents do not have the awareness and critical attitude to report when they
encounter or experience cases of trafficking in persons, and 1 in 4 respondents believe in
brokers/recruiters.
On the cognitive aspect, related to the moratorium on stopping the sending of migrant workers
in NTT, some respondents considered that the moratorium did not violate community rights,
but the government needed to provide employment opportunities. The survey also shows that
some respondents agree that even though there is economic hardship, everyone regardless
of age can work abroad. There is awareness in society that children should not be migrant
workers. The largest proportion of respondents who stated that they did not agree came from
Sikka Regency, on the other hand, those who agreed that people could become migrant
workers regardless of age were actually the most respondents from Kupang. Then most
respondents also agreed that the existence of a moratorium could prevent people from
becoming victims of human trafficking.
Furthermore, on the affective aspect, some respondents agreed that: a) "thank you money"
from recruiters or brokers to the families of migrant workers is not acceptable, b) it is important
74
for respondents to inform neighbors/relatives of the potential to become victim of human
trafficking, c) it is important for respondents to participate on the affairs of neighbors/relatives
who have the potential to support/become victims of trafficking in persons. In addition,
respondents also pay attention to potential migrant workers even though they are not relatives
or their families. This is indicated by the survey results: a) most of the respondents >80% do
not allow illegal agents to recruit workers even though it is not detrimental to migrant workers,
b) 75% of respondents think that informing about the dangers of human trafficking should not
only be to their immediate family, c ) 85% think it is necessary to take part in the anti-trafficking
campaign even though they do not have relatives who are potential victims of human
trafficking.
So in general, the survey results for the affection aspect in the three regions show that most
respondents do not agree with the existence of illegal recruiters who are indicated to have a
role in trafficking in persons. Although there is "thank you money" there and although the labor
is not harmed. Then, most respondents also really care and feel that information about the
dangers of trafficking in persons is important not only for immediate family, or only if the
respondent has relatives who are potential victims.
Finally, on the behavioral aspect, an average of 70% of respondents were consistent with the
opinion that brokers should not recruit in the village, even though the recruitment did not harm
the community. Then, respondents are quite divided between who is most responsible for
tackling human trafficking in NTT, whether the government or the society. There are those
who believe that the government has a bigger responsibility and there are those who see that
the society has a bigger role and responsibility here. Most of the respondents also considered
that families, community leaders, and village government had an equally important role in
preventing and combating human trafficking in NTT.
The survey results show that the affection aspect is the strongest aspect compared to the
other two aspects. There are high affection and concern for the importance of information
about the dangers of human trafficking not only for relatives but also for other members of the
community who are potential victims. In addition, the results of measuring this quantitative
attitude indicate a paradox. The paradox shown is the contradiction between positive attention
to the formation of society attitudes towards the phenomenon of trafficking in persons and the
policy of a moratorium on the placement of migrant workers and the high potential of human
trafficking in East Nusa Tenggara.
In the cross-tabulation analysis between the main activities and the attitudes of the community,
almost all indicators of the main activities of the community have a tendency towards a positive
attitude towards the moratorium policy on the placement of migrant workers as the
government's duty to protect its citizens, especially in the main activities of school/college
which show a significant degree.
Even though it shows the formation of a positive attitude, the measurements carried out saw
an association with the local context related to demographic aspects which included the
dynamics of the social and economic situation. One of the most prominent findings is the
specific conditions shown in Sikka Regency for the low level of knowledge about trafficking in
persons.
75
Although it shows a positive concern in the formation of attitudes including cognitive aspects,
affective aspects, and behavioral aspects, the results of quantitative attitude measurements
show a paradox. The paradox shown is the contradiction between positive attention to the
formation of society attitudes towards the phenomenon of trafficking in persons and the policy
of a moratorium on the placement of migrant workers and the high potential for human
trafficing in East Nusa Tenggara.
This study found that the high critical awareness or attitude of the community against human
trafficing has not been able to become a strategic modality to solve the cases in East Nusa
Tenggara. However, this modality becomes less useful because the state is still negligent in
providing protection to its citizens. The moratorium policy on the placement of migrant workers
emerged as an expression of typical paternal protection. However, this protection does not
appear in a structural framework in the spirit of protecting and fulfilling the rights of citizens.
This is indicated by the expression of protection which is not followed by improvements in the
governance of the protection and placement of migrant workers, provision of employment
opportunities, improvement of information dissemination on the protection of migrant workers,
and trafficking in persons or other alternative conditions to cut off trafficking in persons. On
the other hand, private agencies (brokers) have the potential for bad trafficking in persons due
to poor governance of migration and the prevention of trafficking in persons. The paternalistic
expression contained in this moratorium ignores the position of society as a "public force" that
can actively change the phenomenon of trafficking in persons in East Nusa Tenggara.
Furthermore, this study found that migration is still a strategy to obtain economic and cultural
security for people in NTT. Migration then generates remittances which not only help the family
and community economy but also support development at the local level. The existence of a
moratorium inevitably has an impact on the economy of families and communities by
decreasing remittances.
Through the moratorium, the local government is trying to stop sending prospective migrants
through non-procedural channels. However, there is no visible expansion of employment in
NTT, so that people try to find other sources of livelihood, such as returning to the agricultural
sector or entering the tourism sector. However, public knowledge about the moratorium is still
limited. This research finds that the socialization of the moratorium by the government is quite
weak. One of the reasons is budget problems, lack of coordination, and real support from the
provincial government, particularly in expanding access to work at the local level, providing
BLKs, and expanding outreach.
Weak socialization is in line with people's weak trust in the government. Meanwhile, the
community still has high trust in brokers. The survey findings show that the community's
negative attitude towards brokers only applies to brokers/recruiters from outside the village.
There is a strong indication that the community sees recruiters from within the village/relatives
not as brokers. In the old recruitment mode, most recruiters were complete migrants from local
villages who were known as successful migrant workers and the community already knew
each other, so that they were easy to trust. In the new recruitment mode, the recruiter is not
always family but acquaintances who are connected by relatives or friends or people they just
met on social media. The findings of this research emphasize the vulnerability of migrant
workers that the public is not aware of trafficking in persons due to the high level of trust in
brokers/recruiters, both relatives and acquaintances.
76
This research found that a large number of people did not know about the moratorium. After
getting to an understanding, the community can determine their attitude about the moratorium.
The attitude of the community in a larger number tends to be more permissive with the
moratorium as long as the government provides employment opportunities, while a smaller
number refuses because the moratorium on sending migrant workers is a violation of their
rights. Therefore, the availability of jobs is the key in reducing the urge to go abroad.
Public support regarding this moratorium policy is quite high because of the bad experiences
experienced by migrant workers who migrate through non-procedural channels. In fact,
migrant workers who go through procedural and non-procedural channels alike face
vulnerabilities when working abroad and returning to their places of origin. This shows that the
government's decision to impose a moratorium on non-procedural channels is inappropriate.
Moreover, coordination with destination countries is also not carried out to ensure the safety
of migrant workers.
To date, the state also does not have a relevant mechanism to take back the authority that
was taken over by local communities through self-help migration. This is indicated by the low
number of migrant workers who enter through the procedural placement mechanism and
cannot describe the size of migrant workers who work through undocumented channels. This
shows that the undocumented migrant workers who are not protected by the NTT government
through the moratorium are much larger than the procedural PMI. This contradicts the
protection mandate stated in the PPMI Law.
This study found that trafficking in persons continues to occur, one of which is the attitude of
the public which is still permissive towards brokers/recruiters. The old mode of recruitment
through kinship channels still persists. In suburban areas or those with better critical
awareness due to being a Desbumi (Village Cares for Migrant Workers) village, kinship
network in Batam, Nunukan is still a method to penetrate Malaysia. A new recruitment mode
with an increasingly open crime mode also seeks tactics in the moratorium.
Progress occurs in villages where the village government has a good level of critical
awareness on the issue of human trafficking, they can block recruitment brokers from entering
the village. However, recruiting brokers who came from the local village were not seen as part
of the traffickers because they were relatives, so there was no need for suspicion. Whereas
brokers in the new mode are more agile, they do not need to go directly to the village to recruit.
Traffickers have even used advances in technology and social media to manipulate victims.
During the moratorium period, cases of human trafficking for the purpose of rape, and where
they are persuaded to work with high wages outside, actually increased. In these big cities,
they are forced to work as sex workers or domestic workers without wages. The victims of
human trafficking were moved to cities under the pretext of training but without being paid for
months.
The attitude of society that causes them to be less critical in fighting trafficking in persons is
that they are still willing to accept, even many do not question the purpose of giving sirih
pinang. The use of customary practices by brokers causes the community to see sirihpinang
as something that should not be suspected. Respondents in this study believe more in other
sources of information rather than the government. In urban-based communities with better
literacy levels, the media has become the main reference. However, information from
successful relatives overseas is still the main reference. The lack of socialization by the
77
government regarding the moratorium and TIP has made several invalid referral sources, such
as social media and tall-tale of friends heard by the community, especially on the basis of
poverty in villages.
Non-procedural routes have restricted access to Malaysia after the Covid-19 pandemic. The
implementation of restrictions on movement and border closing by the Malaysian government
prevented many procedural Indonesian migrant workers from entering Malaysia. They were
then deported back to Indonesia together with migrant workers who were caught without
documents or their visas had expired. However, Indonesian migrant workers, which continues
to try to enter Malaysia through hidden routes, is still around because jobs in oil palm
plantations in Malaysia continue to require additional labor.29Many migrant workers who had
left the village before the Covid-19 pandemic remained in transit areas while waiting for gaps
to enter the plantations. This is in line with the prospective migrants data, which shows that
they migrated illegally and was 'caught' by the anti-trafficking task force. As the task force
stated that many more escaped arrest. When Indonesia reopened transportation routes
outside the region, traffickers again recruited prospective migrants using individual lines with
destinations to big cities and to Malaysia with many transit points in big cities.
The moratorium has directly eliminated the income of the people who have been relying on
remittances. Even now, hunger and malnutrition, apart from dropping out of school, have been
the impact of the moratorium on migrant workers and the Covid-19 pandemic.30On the other
hand, access to employment at the provincial/regional level is also limited, as shown in data
on the labor force and job opportunities. Thus, the community becomes the victim of being cut
off from access to livelihood sources.
The situation described in this chapter, shows that the NTT government has implemented a
moratorium on the placement of migrant workers without a contingency plan to prepare decent
work opportunities for those who are motivated to migrate, fail to carry out repeated migration,
or deported.
The provincial government has also not made significant improvements in migration
management. For example, LTSA, as the spearhead of improving migration governance as
mandated by the PPMI Law, has yet to function optimally, while the number of Work Training
Center / BLKs is not yet adequate, and even some districts and cities are constrained in
activating work services. The task force that was formed also did not receive adequate budget
support, so its function was only optimal in the early days of the Governor's decision on the
NTT moratorium. Cities and regencies also do not have budget support and intensive policy
references related to what steps that must be taken during the moratorium period.
From the explanation above, it can be concluded that the steps of the NTT provincial
government to address the problem of high human trafficking with a moratorium on the
placement of migrant workers shows the paternalistic character of the government which is
far from efforts to fulfill citizen rights and protect migrant workers from human trafficking. This
29Plantation, agriculture, and infrastructure work are 3 fields in Malaysia that are not closed for migrant workers. 30As a result of the Covid-19 pandemic, the community's income decreased and some experienced layoffs. Some of them work odd jobs and rely on government BLT assistance and assistance from the church.
78
moratorium actually caused a variety of bad effects that the government did not anticipate. As
a result, migrant workers, their families, and communities must bear the risks, one of which is
the depth of poverty due to the unavailability of decent work opportunities at the local level.
Prospective migrants also carries the risk of being trapped at the risk of undocumented
migration which is riskier because of the limitation of procedural migration in areas requiring
competence. Thus, the government's efforts to arrest non-procedural migrant workers are in
vain, because as long as the mode of transportation for human mobility continues to be
available, migrant workers will continue to try to find a way out, even though the modes and
means of transportation are becoming increasingly sophisticated, complicated and require
multiple transits. This condition made migration for the undocumented prospective migrants
from NTT even more complicated.
The cases in this study actually found that the potential for human trafficking on the pretext of
working across islands is also getting higher. The sophistication of brokers/recruiters in
manipulating family affections, so that the families unwittingly allow their family members to
become victims of trafficking, are not responded to with an equally sophisticated strategy. Not
to mention that the kinship system which has proven effective as a network for CPMI is also
continuously used as a safety valve when many gaps in migration are closed by the
Government. In fact, this shows that the state is still failing to provide protection mechanisms
capable of reaching the uniqueness of the tradition of self-help migration that is unique to NTT.
In the context of communal communities in NTT which have a long history of self-help
migration, the moratorium is ineffective. As long as there are no decent work opportunities in
the regions, as long as there is strict adherence to belis and traditional ceremonies, the migrant
worker community in NTT will always have the motivation to undertake undocumented
migration. Moreover, this is supported by various modes of transportation that are still running
throughout the moratorium in 2018-2019 and also at some time during the moratorium
responding to Covid-19.
Recommendations Indonesia’s National Government:
• The national government, through the Ministry of Manpower ot the Republic of
Indonesia and BP2MI, needs to immediately evaluate the impact of the moratorium in
NTT. This needs to be done immediately so that other regions do not repeat the
moratorium as a 'fire fighting' strategy for the high number of human trafficking cases.
NTT Provincial Government:
• The NTT government needs to evaluate the moratorium on the placement of migrant
workers by looking at the authority in the law, its effect on reducing human trafficking,
and its impact on decreasing the economic capacity of the community.
• The Provincial Government needs to immediately coordinate and evaluate the
moratorium with local governments to hear about the situation in the regions and
equalize steps in preventing human trafficking.
• The Provincial Government needs to immediately coordinate and evaluate the
moratorium with other provincial governments considering that, during the Covid-19
Pandemic, the departure of people to be trafficked abroad was increasingly limited so
79
that they were sent to other provinces. This is important, in regards to know about the
situation in the regions and strengthening the steps in preventing human trafficking.
• The government needs to respond to the high hopes and trust of the public in the state
by positioning itself as the main actor in preventing human trafficking.
• It is necessary to intensify the socialization regarding trafficking in persons, its modes,
dangers, risks, and ways of preventing it.
• The government's efforts to prevent human trafficking must be carried out by the
government by involving more strategic parties and gaining the trust of the community,
including: churches, schools, non-government organizations, customary communities,
and government to the smallest scope such as the neighborhood.
• The government must listen to and involve the voices and needs of the community,
including indigenous peoples and other communities to strengthen the community's
economy based on local potential.
• Provide employment/community sources of livelihood that are more sustainable, and
do not damage the ecology. Revitalization of the agricultural sector and agricultural
diversification need to be done immediately so that it can become a source of a decent
livelihood for the community.
• It is necessary to improve regional decent wages by making a Universal Basic Job
(UBJ) policy and implementing Universal Basic Income (UBI), the feasibility of this
wage must consider the net income that people get from the migration sector. This
effort is important to do to reduce public interest in out-of-country migration.
• Long-term social and economic protection needs to be provided to all residents, but
not in a charity scheme or direct cash assistance but empowering assistance based
on local potential and community potential.
Interfaith Groups:
• Interfaith groups need to increase attention and strategic efforts to prevent and tackle
human trafficking.
• Interfaith groups need to take a more serious role in preventing the use of traditional
instruments as a means of human trafficking.
• Interfaith groups need to be involved in building a community vision for the protection
of migrant workers, including developing new interpretations of loving family through
migration and remittances.
Traditional Figures:
• Customary/traditional figures need to be enlightened about the impact of the use of a
traditional instrument in the form of uang sirih pinang (betel nut money) on the
trafficking of women. Thus customary leaders can transform customs within the
indigenous communities, so that people are more aware of human trafficking, including
being aware of the sirih pinang approach in the context of human trafficking.
• Customs needs to listen to women's voices and interests more, protect women and
children from becoming victims of human trafficking.
Non-governmental Institutions:
80
• Non-governmental organizations need to maximize socialization to their assisted
communities about the dangers of human trafficking through migration using both
procedural and non-procedural migration.
• Advocacy for regional policies regarding budgets and implementation regulations for
the regional regulation on the protection of migrant workers, the regional regulation on
prevention of human trafficking, or the regional regulation on protecting women.
• Non-governmental organizations must have the capacity to voice the interests and the
situation of communities through advocacy tools that enable the state to hear about
the negative impacts of moratoriums and human trafficking in migrant worker
communities.
81
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LIST OF TABLES Table 1. Distribution of Respondents___________________________________________________ 8 Table 2. Cronbach’s Alpha Reliability Test Result_________________________________________ 9 Table 3. Summary of Multiple Regression Analysis _______________________________________ 9 Table 4. Realization of Government Revenue of Kupang, Manggarai Barat, Sikka, and NTT
Provinces in 2019 by Type of Income (in Thousand Rupiah) ______________________ 22 Table 5. Table of Number and Percentage of Urban-Rural Poor in East Nusa Tenggara, 2015-2020
______________________________________________________________________ 23 Table 6. Education Level of Migrant Workers from NTT 2017-2019 __________________________ 24 Table 7. The Unemployment Rate and Labor Force Participation Rate in NTT, Kupang City, West
Manggarai Regency, and Sikka Regency (2017-2019) ___________________________ 28 Table 8. Labor Force and Unemployment in 2017-2019 ___________________________________ 28 Table 9. Number of Migrant Workers from NTT _________________________________________ 29 Table 10. Migrant Workers from NTT who were Returned Dead ____________________________ 30 Table 11. Number of Trafficking Cases in East Nusa Tenggara Province _____________________ 30 Table 12. Cross-tabulation of Cognitive-Affection-Behavior Aspects (1) ______________________ 48 Table 13. Cross-tabulation of Cognitive-Affection-Behavior Aspects (2) ______________________ 49 Table 14. Component of Cluster Analysis Variable (A) ____________________________________ 50 Table 15. Component of Cluster Analysis Variable (B) ____________________________________ 51 Table 16. Component of Cluster Analysis Variable (C) ____________________________________ 52
LIST OF CHARTS Chart 1. Respondents Gender _______________________________________________________ 34 Chart 2. Characteristics of Citizen Activities based on Gender ______________________________ 35 Chart 3. Respondents Marital Status __________________________________________________ 35 Chart 4. Religion __________________________________________________________________ 35 Chart 5. Crosstab of Gender and Education ____________________________________________ 36 Chart 6. Attitudes towards Trafficking in Persons Practices in Labor Migration _________________ 37 Chart 7. Level of Knowledge about Trafficking in Persons in Three Regions ___________________ 38 Chart 8. Sources of Information on Trafficking in Persons __________________________________ 38 Chart 9. Attitudes towards the Moratorium Policy on the Migrant Workers Placement of East Nusa
Tenggara _______________________________________________________________ 39 Chart 10. Critical Awareness of the Practice of Giving “Thank You” Money as a Start of Human
Trafficking ______________________________________________________________ 40 Chart 11. Cognitive Aspects – TheTemporary Terminal (Moratorium) on Sending Migrant Workers
from East Nusa Tenggara is a Violation of Rights _______________________________ 41 Chart 12. Cognitive Aspects – Every Family Member regardless of Age can Work Abroad to Improve
the Economic Conditions of the Family _______________________________________ 41 Chart 13. Cognitive Aspects per Region – Every Family Member regardless of Age can Work Abroad
to Improve the Economic Conditions of the Family ______________________________ 42 Chart 14. Gender Aggregation – Information on Safe Migration from the Government is Not Important,
Because Everyone Has the Right to Migrate to Improve Family Economic Conditions __ 42 Chart 15. The Temporary Terminal (Moratorium) on Sending Migrant Workers Abroad Has Prevented
Members of the Community from Trafficking in Persons __________________________ 43 Chart 16. "Thank you" money from recruiters/brokers is reasonable for each family to receive.
Therefore, I don't have to tell my neighbors/relatives that there is potential for human
trafficking _______________________________________________________________ 44
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Chart 17. I do not want to interfere in the affairs of neighbors/relatives who offer work abroad to their
daughters, as long as the broker has given "thank you money” ____________________ 44 Chart 18. I tell the dangers of trafficking abroad only to my immediate family ___________________ 45 Chart 19. I do not need to participate in the anti-trafficking campaign because I do not have any young
female relatives who are potential victims of trafficking in persons __________________ 45 Chart 20. Brokers are completely prohibited from recruiting migrant workers in the village ________ 46 Chart 21. Brokers may recruit and earn profits, as long as they don't harm the community ________ 46 Chart 22. The Village Government does not need to play a maximum role in preventing human
trafficking. ______________________________________________________________ 47 Chart 23. Community leaders need to be actively involved in combating trafficking in persons, but it is
their families who decide __________________________________________________ 47 Chart 24. Non-Procedural CPMI Departure Failure _______________________________________ 57