Indonesia occupies Tier-2 in the United States Department of States’ Trafficking in Person Report, continuing the previous year achievement. The report acknowledges that the Indonesian government does not meet minimum standards in eliminating trafficking in person but has improved efforts in investigating, prosecuting, and convicting trafficking in person in the fishery sector.
However, Indonesia’s position does not reflect the actual situation. In April and May 2024, the Ministry of Marine and Fisheries Affairs (KKP) through the Directorate of Marine and Fisheries Resources Monitoring (PSDKP) arrested Indonesian fishery vessel KM Mitra Utama Semesta (KM MUS) and the Russian-flagged fishery vessel KM Run Zeng 03 after suspicion of involvement in Illegal, Unreported, and Unregulated Fishing (IUUF). Simultaneously, DFW-I’s National Fishers Centre (NFC) received a report from the fishery vessel workers (AKP) who escaped from KM Run Zeng 03 and 05, indicating a potential trafficking in person.
Certainly, the potential trafficking in person involving KM MUS is not the only case occurring in the fisheries sector. In a span of June 2023 to July 2024, NFC also received six complaints from migrant fishery vessel workers potentially victim of trafficking in person. “This case highlights the Indonesian government’s failure in preventing, handling, and investigating trafficking in person in the fisheries sector. Eradicating trafficking in person not only be done through improving the migrant workers governance, but also include domestic fishery vessel workers governance as stated in the Peraturan Menteri KKP No. 33 of 2021.” said Miftachul, DFW-I’s Human Rights Manager. Therefore, DFW-I considers the Indonesia government should not be placed at Tier-2 and highlights at least five issues that requires immediate action:
1. Trafficking in person and its relation to Ocean Crime
NFC’s report shows that the victims were unaware that they would be working on a foreign fishing vessel. Unlike typical trafficking in person cases, where AKP procedurally registered with a registered manning agency to be employed on foreign fishery vessels, these victims were forcibly moved to KM Run Zeng 03 and 05 in the middle of the Arafura Sea. The government, through the Fisheries Port Authority, is responsible for verifying and inspecting fishery vessel administration and safety, including the Work-At-Sea agreement (PKL), which contains the vessel’s identity, personal identity, wages, fishing ground, and fishing gear.
The suspected trafficking in person therefore also come along with violations of the Fisheries Law involving KM Run Zeng 03 and 05, as these foreign vessels did not have permission to sail and fish in Indonesian waters and were suspected of being involved in IUUF. “This phenomenon shows the weak supervision of Indonesian seas, allowing foreign fishing vessels to move freely, stealing Indonesia’s fishery resources and using cheap labor. In fact, there are seven authorities tasked with overseeing Indonesian waters but no good,” said Miftachul.
The US Government Human Trafficking Report claims that the Indonesian government had an effort to investigate trafficking in person in the fisheries sector. However, KM Run Zeng 03 and 05 have been in Indonesian waters since June 2023 and have used Indonesian workers more than once. Therefore, it is unlikely that they could fish freely in Indonesian waters without any entity “guarantee” their access. If the Indonesian government really had made an effort to investigate, then potential trafficking in person involving KM Run Zeng 03 and 05 should not have happened.
2. Child Labour in the Fisheries Sector
NFC’s reports on KM MUS and KM Run Zeng 03 and 05 also found three minors, despite employment on Indonesian fishing vessels requiring PKL and National ID. The presence of child labor also violates the Convention on the Rights of the Child, ratified through Presidential Decree No. 36 of 1990 and Law No. 35 of 2014, which prohibits children under 18 from working.
This highlights the Indonesian government’s negligence in ensuring that PKL are completely fulfilled for all AKP before Indonesian fishing vessels are dispatched. The victims recruited and manipulated by the informal brokers are also the result of the placement and recruitment not being regulated under the Ministry of Marine Affairs and Fisheries Regulation No. 33 of 2021.
3. Duality in the Licensing Regime
Since June 14, 2023, to July 15, 2024, there are at least 52 meaning agencies registered for the Fishing Vessel Crew Recruitment and Placement Business License (SIUPPAK) issued by the Ministry of Transportation. However, Government Regulation No. 22 of 2022 mandates manning agencies to register through the Ministry of Manpower. The risk to companies registered through SIUPPAK is evident in NFC’s reports from June 2023 to June 2024, with two complaints against recruitment companies from Pemalang, Central Java, registered with SIUPPAK.
In fact, Law No. 18 of 2017, Article 1, section 25, defines the Minister as the minister responsible for labor affairs. This licensing dualism hinders the placement of Indonesian migrant workers from achieving equal rights and opportunities to obtain decent jobs and income while respecting human dignity, human rights, and legal protection. The Closing Provisions in Government Regulation No. 22 of 2022 do not revoke SIUPPAK’s issuance authority, causing dualism in crew placement recruitment, still open through the Directorate General of Sea Transportation Ministry of Transportation’s website.
“Therefore, the licensing dualism issued by the Ministry of Transportation and the Ministry of Manpower potentially creates a loophole for human trafficking crimes, as the oversight function in the licensing regime is an approval action given by authorized Government Officials. The oversight function of migrant workers and local AKP is returned to the Ministry of Manpower, as mandated by Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers,” said Guntur, National Fishers Centre officer.
4. Issuance of Implementing Regulations of Government Regulation No. 22 of 2022 on the Placement and Protection of Crew Members
At least Government Regulation No. 22 of 2022 mandates four implementing regulations that should be issued by Ministries/Agencies responsible for labor placement and protection of migrant fisheries members. These implementing regulations include: (i) Ministerial Regulation on further provisions regarding the placement of Migrant Merchant Crew, (ii) Ministerial Regulation on the protection of Migrant Merchant Crew during work, (iii) Ministerial Regulation on the placement of Migrant Fishing Crew, and (iv) Ministerial Regulation on the protection during work for Migrant Fishing Crew.
However, the government’s intention is only written in black and white in Government Regulation No. 22 of 2022. In reality, the absence of implementing regulations related to the placement and protection of merchant and fishing crew becomes a selective licensing mechanism, a measurable, careful, and procedural control in granting placement licenses to employers to better protect merchant and fishing crew. The lack of commitment in the government’s attention to the placement governance of merchant and fishing migrant crew could lead to the next potential victim in risky jobs as Indonesian migrant workers, including potential trafficking in person victims.
5. Importance of Compensation Efforts Against IUU Fishing Perpetrators
Foreign fishery vessels operating in Indonesian waters are closely linked to IUU Fishing and Human Trafficking. Poor working conditions experienced by Fisheries Crew Members, such as low wages and/or unpaid wages, inadequate living and working conditions, and physical violence aimed at exploiting Fisheries Crew Members, are common on these vessels. Additionally, various banned fishing gear, such as trawls, cantrang, fish nets, poisons, electricity, and explosives, or other dangerous materials, are used in illegal fishing activities.
The sea is a living ecosystem, not just home to fish but also a habitat for marine life. Thus, protecting and managing the sea must be done systematically and integratedly to preserve its ecosystem functions and prevent damage. This includes planning, utilization, control, maintenance, supervision, and law enforcement.
Law No. 32 of 2009 on Environmental Protection and Management, as last amended by Law No. 6 of 2023, states that anyone whose actions, businesses, and/or activities pose a serious threat to the environment is absolutely responsible for the damage. Article 87 also emphasizes that anyone responsible for business and/or activities that commit illegal acts causing environmental damage must pay compensation and/or take certain actions.
Law No. 32 of 2009 also firmly regulates the right to sue for environmental damage, which is the Government’s authority. Therefore, it is crucial for the Government to file compensation claims against IUU fishing perpetrators operating without permission in Indonesian waters, targeting not only the ship captains but also the businesses and/or beneficiaries of IUU fishing activities, holding them accountable for their actions and environmental destruction.
Eradicating trafficking in person begins with protecting domestic AKP, requiring cooperation between the Ministry of Manpower and the Ministry of Marine Affairs and Fisheries. Therefore, DFW Indonesia recommends the Indonesian government to:
- Encourage the enactment of the Maritime Bill that merges BAKAMLA and KPLP
- Revoke the authority to issue SIUPPAK from the Ministry of Transportation and delegate the authority for PMI protection to the Ministry of Manpower following Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers
- Create technical regulations under Government Regulation No. 22 of 2022 regarding recruitment and placement mechanisms for migrant and local AKP and conduct monitoring and evaluation of manning agencies
- Conduct massive socialization and education to the public regarding the elements, forms, and reporting procedures for human trafficking crimes, through direct socialization and education, workers’ unions and businesses, social media, print information, and other media, and publish these socialization and education reports to the public as public information
- Increase capacity building and special education to build value perspectives and understanding for Ministries and/or Agencies and Law Enforcement Officials related to handling human trafficking crimes, especially in marine areas
- Demand compensation from from the IUUF perpetrator concerning the environmental and natural resources depletion impact
