INDONESIAN SECURITY COOPERATION OF MARITIME SECURITY ISSUES IN ADDRESSING TRANS-NATIONAL CRIMES AS PARTICULARLY WEAPON SMUGGLING (2010-2012)
By
STEPHANIE MELLISSA L WULLUR ID no. 016201000068
A thesis presented to the Faculty of Humanities In partial fulfillment of the requirements for Bachelor Degree in International Relations Major in Strategic and Defense Studies
September 2017
i
THESIS ADVISER RECOMMENDATION LETTER
This thesis entitled “Indonesian Security Cooperation of Maritime Security Issues in Addressing Trans-National Crimes as Particularly Weapon Smuggling (2010-2012)” prepared and submitted by Stephanie Mellissa L Wullur in partial fulfillment of the requirements for the degree of Bachelor of Arts in the School of International Relations has been reviewed and found to have satisfied the requirements for a thesis fit to be examined. I therefore recommend this thesis for Oral Defense
Cikarang, Indonesia, September 28th, 2017
______Prof. A.A Banyu Perwita, Ph.D
ii
DECLARATION OF ORIGINALITY
I declare that this thesis, entitled “Indonesian Security Cooperation of Maritime Security Issues in Addressing Trans-National Crimes as Particularly Weapon Smuggling (2010-2012)” is, to the best of my knowledge and belief, an original piece of work that has not been submitted, either in whole or in part, to another university to obtain a degree.
Cikarang, Indonesia, September 28th, 2017
______Stephanie Mellissa L Wullur
iii
PANEL OF EXAMINER APPROVAL SHEET
The Panel of Examiners declare that the thesis entitled “Indonesian Security Cooperation of Maritime Security Issues in Addressing Trans-National Crimes as Particularly Weapon Smuggling (2010- 2012)” that was submitted by Stephanie Mellissa Leonora Wullur majoring in International Relations from the Faculty of Humanities was assessed and approved to have passed the Oral Examinations on September 30, 2017.
Teuku Rezasyah, Ph.D Panel of Examiners
Hendra Manurung, SIP., MA Examiner
Prof. Anak Agung Banyu Perwita, Ph.D Thesis Adviser
iv
ABSTRAK
Kerjasama Keamanan Indonesia Untuk Masalah Keamanan Maritim Dalam Menangani Kejahatan Lintas Negara Khususnya Penyelundupan Senjata (2010-2012)
Isu-isu keamanan non-tradisional semakin banyak terjadi dan berkembang secara global, dan dalam penulisan ini penulis mengangkat isu keamanan lintas negara. Kejahatan lintas negara sering ditemukan di negara-negara yang memiliki wilayah laut yang luas seperti negara-negara di Asia Tenggara. Salah satu kejahatan lintas negara yang terjadi di Indonesia yaitu penyelundupan senjata. Indonesia merupakan negara maritime yang diharapkan bisa memaksimalkan keamanan maritime. Aktifitas penyelundupan senjata mengganggu keamanan maritime bahkan keamanan nasional Indonesia. Bentuk tanggapan pemerintah Indonesia terhadap kasus penyelundupan senjata itu yaitu dengan melakukan beberapa kerjasama keamanan dengan negara- negara lain. Penulis mengangkat topik ini karena dirasa penting untuk pembaca mengetahui masalah penyelundupan yang ada di Indonesia dan sekitarnya beserta sebab akibatnya. Penulis mengharapkan karya ilmiah ini dapat membantu pembaca untuk mengetahui tentang kerjasama keamanan yang digunakan pemerintah Indonesia dalam merespon kasus penyelundupan senjata serta pentingnya keamanan maritime bagi negara-negara dengan wilayah laut yang luas khususnya Indonesia.
Kata Kunci: Keamanan Maritim, Kejahatan Lintas Negara, Kerjasama Keamanan, Penyelundupan Senjata
v
ABSTRACT
“Indonesian Security Cooperation of Maritime Security Issues in Addressing Trans-National Crimes as Particularly Weapon Smuggling (2010-2012)”
Non-traditional security issues are increase and growing globally, and in this research the writers address trans-national security issue. Transnational crime is often found in countries that have huge of marine areas such as countries in Southeast Asia. One of the transnational crimes occurred in Indonesia is weapon smuggling. Indonesia is a maritime country that is expected to maximize its maritime security. Weapon smuggling activities disturbing the maritime security even national security of Indonesia. The Indonesian government's response to the weapons smuggling case is by doing some security cooperation with other countries. The writer discussed about this topic because it is important for readers to know the problem of weapon smuggling in Indonesia and its surrounding. The writer hopes that this research will help the readers to know about the security cooperation that used by the Indonesian government in responding to weapon smuggling cases and the importance of maritime security for countries with huge marine area especially Indonesia.
Keyword: Maritime Security, Trans-National Crime, Security Cooperation, Weapon Smuggling
vi
ACKNOWLEDGMENT
Praise the Lord Jesus, I am very grateful because only by His grace, blessed and favor, after struggling for years I am able to finish my thesis. Thank You Lord for not letting me give up on my thesis, for not leave me when I was down, for giving me the strength until finally I finished it. Thank You so much my dear Lord.
This thesis will not be possible without the support from my family, especially to my mother, father, brother, sister, cousins, uncles and aunties who are always cheer me up, convinced me, and the most important always pray for me. I would like to thank them for the unconditional love and endless support. This thesis writing process is simply impossible without them.
With my best gratitude I would like to thank Mr. Anak Agung Banyu Perwita as my adviser. Thank you for your patience, kindness, and assisting during the writing of my thesis, also Mr. Teuku Rezasyah who supported me and asking me whenever I am not going to campus, asked me to finish my thesis as soon as possible so I can make my parents proud. For all the lecturers in President University especially in International Relations Study Program, thank you for all your contribution in my study until I finished it. Thank you for all lecturers who have given me lots of valuable knowledge.
I do really thankful for my friends who are always be there for me when I feel down, they were always support me to finish my thesis. Thank you Eka Satya for all your help whole this time, thank you for your time and everything you have done for me. Thank you Icha, Jumi, Wulan and Devin who were never tired to remind me to finish my thesis, thank you for all the memories we shared together.
vii
For the last I would like to give my gratitude to Mbak Yunita, Mbak Merry, Mbak Artha and all the staffs in President University who were helped me for my administration and other things, thank you all for the help and kindness to me.
For my beloved one, Trian, thank you for always remind me, mad at me when I got lazy to write my thesis, thank you for not getting tired to support me when I felt down, I love you.
May God bless you all, thank you so much. Thank You Lord Jesus
viii
TABLE OF CONTENTS
THESIS ADVISER RECOMMENDATION LETTER ...... ii DECLARATION OF ORIGINALITY ...... iii PANEL OF EXAMINER APPROVAL SHEET ...... iv
ABSTRAK ...... v ABSTRACT ...... vi ACKNOWLEDGMENT …………………………………………………………..vii TABLE OF CONTENTS ...... xi CHAPTER I INTRODUCTION ...…………………………………………………1 I.1 Background of the Study ………………………………………………..1 I.2 Problem Identification …………………………………………………..8 I.3 Statement of the Problem ………….…………………………………..11 I.4 Research Objectives ……………………………………………………11 I.5 Significance of the Study ……………………………………………….12 I.6 Theoretical Framework ………………………………………………..12 I.6.1 Non-Traditional Security as a New Security Concept ……..13 I.6.2 Cooperative Security/ Security Cooperation………………..16 I.7 Scope and Limitations of the Study ……………………………………21 I.8 Research Methodology …………………………………………………21 I.9 Thesis Structure ………………………………………………………..22 CHAPTER II ISSUES AND PROBLEMS OF MARITIME SECURITY IN INDONESIA ……………………………………………………………………….25 II.1 The Issues of Maritime Security ……………………………………..25 II.1.1. Definition of Maritime Security …………………………...25 II.1.2. The Overview of Maritime Crimes in Southeast Asia …...30 II.1.3. Maritime Security Issues and Problems in Indonesia ……35 II.1.3.1 Piracy ………………………………………………35 ix
II.1.3.2 Weapon Smuggling ………………………………..39 II.1.3.3 Human Trafficking ……………………………….41 II.1.3.4 Commodities Smuggling and Fish Theft Problems Discourses ………………………………………………….42 CHAPTER III WEAPON SMUGGLING IN THE REGION AND INDONESIA ……………………………………………………………………....45 III.1 Weapon Smuggling ………………………………………………….45 III.1.1 Definition of Smuggling ………………………………...... 46 III.1.2 Factor of Weapon Smuggling Activities …………………48 III.2 Weapon Smuggling In the Region and Indonesia ………………...50 III.2.1 The Overview of Weapon Smuggling Activities in Southeast Asia ………………………………………………………………...50 III.2.2 Indonesian Regions as a Spot to Enter the Weapons from Outside …………………………………………………………….54 III.2.2.1 Weapon Smuggling Through North Sumatra ...54 III.2.2.2 Weapon Smuggling Through Riau Islands ……56 III.2.2.3 Weapon Smuggling Through Soekarno-Hatta International Airport ……………………………………..58 III.2.2.4 Weapon Smuggling Through Philippines Route………………………………………………………..58 III.2.3 The Origin State of the Weapon ………………………….60 III.2.4 Effects of Weapon Smuggling Activities towards Indonesian Security……………………………………………………………..63 CHAPTER IV Indonesian Security Cooperation on Maritime Security to Cope With the Issue of Weapon Smuggling (2010-2012)….....………………………...66 IV.1 Indonesia Defence Policy (Indonesian Defence White Paper) …….66 IV.2 Maritime Security Strategy ………………………………………….67 IV.3 Indonesian Strategy on Non-Traditional (Trans - National) Issue…………………………………………………………………………70 x
IV.3.1 Bilateral Cooperation ……………………………………...71 IV.3.1.1 Indonesian Navy and Philippine Navy ………...71 IV.3.1.2 Indonesia and Australia ………………………...71 IV.3.2 Multilateral Cooperation …………………………………72 IV.3.2.1 ASEAN Ministerial Meeting on Transnational Crime (AMMTC)………………………………………….72 IV.4.2.2 ASEAN Maritime Forum ……………………….74 CHAPTER V CONCLUSION…………………………………………………….75 BIBLIOGRAPHY …………………………………………………………………78
xi
CHAPTER I
INTRODUCTION
I.1 Background of the Study
After the end of the Cold War, the meaning and concepts of security are becoming more extensive and detailed. As a concept, the understanding of security has evolved and expanded following the development of the dynamics of the changing times. In studies of security, understanding of the concept of security is at least can be seen from two approaches first the traditional approach and second is non-traditional approach.1
Traditionally, the understanding of security is synonymous with purpose or use of force or rivalry through military capabilities in facing a threat from other countries that threatens the country's sovereignty. In the traditional understanding also the country becomes a concern both the sovereignty and territorial integrity of military threats from the outside.2 Country becomes the subject and object of the effort to pursue security interest. All phenomena of politics and international relations are a phenomenon about country if seen from the security concept traditionally.3 In this traditional understanding, country became a focus in efforts to maintain the national
1 Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya, Dilema Pengaturan Keamanan Nasional (Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor, 2012), p.7 2 Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya, Dilema Pengaturan Keamanan Nasional (Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor, 2012), p.8 3 Ibid 1 security.4 By looking to other countries that potentially could be a security threat, a country will take an action such as defense or even offense by using weaponry or military forces.5 This situation makes the understanding of security conventionally more dominated by dimension of military forces for war. In addition, security can be defined as a form of self-defense of a country in dealing with the existential threat and as a country’s justification to handle it.6
Contemporary issues such as war between ethnic, human rights, illegal wood trade, illegal immigrants, environmental degradation, terrorism, welfare issues, health issues, transnational crimes and other issues are affecting the development of the dynamic of international interaction after the end of Cold War. Security issues are no longer focused on the problem of maintaining the sovereignty of the region, no more only a war between states and the use of military forces. The development of strategic issues such as globalization, democracy, the enforcement of human rights and the threat of non-traditional issue are have expanded the way of looking the complexity of an existing threat and influenced the development of the security concept.7 Traditionally, the concept of security is emphasized to the security interests of non- state actors.8 This concept developed after the decrease of threats on military scale which threat the sovereignty of the country, where on the other side shows an increase of threat to the human security such as poverty, infectious disease, natural disasters,
4 Edy Prasetyono, “Konsep-Konsep Keamanan”, dalam Indra J Piliang, Edy Prasetyono, Hadi Soesastro (eds.), Merumuskan Kembali Kebangsaan Indonesia, (Jakarta: CSIS, 2006), p.267-269 5 David Mutimer, Beyond Startegy: Critical Thingking and the New Security Studies, in the Post-Cold War. (Boulder: Lynne Rienner Publisher, 1991) 6 Barry Buzan, Ole Wæver dan Jaap de Wilde, Security A New Framework for Analysis (Colorado: Lynne Rienner Publisher, Inc., 1998), p.21 7 Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya, Dilema Pengaturan Keamanan Nasional (Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor, 2012), p.8 8 Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya, Dilema Pengaturan Keamanan Nasional (Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor, 2012), p.9 2 environmental damage and others.9 The threats are not only about military threat but also include political threat, social threat, economic threat or even ecology threat.10
According to Barry Buzan, there are 5(five) main sectors, which are belonging to the definition of security. Below are those sectors11: 1. The military security: that covered two levels of management capability of states’ weaponry either offensive or defensive and about the state’s perception of each other’s intensity. 2. The political security: that took a concern to the stability of state organization, system and ideology, which gives legitimacy to the government. 3. The economic security: that covered of the access towards resources, finance and market that shore up the level of prosperity and state power which acceptable. 4. Societal security: that covered directness of tradition pattern of language, culture, religion, national identity and custom include the condition of evaluation, which is can be accepted. 5. Environmental security: that took a concern to the maintenance of the environment; both locally and globally as a significance support towards system where people life dependent on.
Every sector above does not stand-alone, all those five sectors have connected each other. Currently security is no longer focused on a state as an object or as a thing which have to be preserved, but the understanding of security has really shifted and more extends its object that is must keep and protect the safety of humans and its
9 Ibid. 10 Ibid. 11 Barry Buzan, People, States and Fear: An Agenda for International Security Studies in The Post Cold War Era(2nd edition), (London: Harvester Wheatsheaf, 1991) p.19-20 3 humanity itself.12 So that security have to be placed as a public goods which is be entitled to owned by every citizen both individuals, groups, or as a nation by placing the obligations of the state to arranges and manages it as well.13 Security issues currently getting more complex, not only limited to the competition power of the world’s major countries but has been passed the nation life around the world through the development of technology and information, and on the other side arising the shifting of state’s sovereignty, as seen from the dynamics of Multi National Companies (MNC) and the development of information technology. The expansion those issues are cannot be separated from the phenomenon of globalization where society have a different way and different meaning to respond it existing. It can be said that globalization is world that changing in term of its acceleration in each of the stage where the world integration is running more expand and increasing the intensity of the relationship among countries in the world, in term of economic, political and social.
The increasing of international actors’ interaction, in this case non state actors as well as depletion of sovereignty’s role increase the complications of security situation and open up new forms of threats that comes from non-state actor. This security situation should become a concern for the state of its state’s security from the threat of foreign parties besides domestic problems in the country. Human needs of resources are increasing from year to year, which there is a possibility of international non-state actors play their role both directly and indirectly.
Related to the development of international security that getting more complex, it is generally a source of threat is still identified from outside parties. The nature of the new threats is increasingly the concern of a state, where have the unit liaison between countries both through land, sea and air, it is important to be an attentive to
12 Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya, Dilema Pengaturan Keamanan Nasional (Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor, 2012), p.2 13 Ibid. 4 the states currently as path of interactions between nations. Sea route is a major liaison for most countries in the world, although the country is a Landlocked. This is because about 90 percent activities of the cross-country are done through sea routes.14 Maritime domain consists of oceans, sea, beaches, estuaries, islands, and air space above it. Meanwhile, the sea has 4 essential properties of all time, namely: its location, its functions, its natural resources, and socio-cultural life of the maritime community.15 It was shown at the international transportation and trading activities either through the territorial waters borders with other countries or Sea Lines of Communication (SLOC) and Sea Lines of Transportation (SLOT) has been increase. Waters activities that have been increase placed ocean hold an important role as a link each islands as well as abundant of natural resources in ocean.
Southeast Asian waters is one of the world's waters that have strategic value for merchant ship and the shipping lines which conduct transit activities.16 Indonesia is one of the big archipelagic state in Asia and second largest in the world that have 17.506 islands both large and small island, as well as an area of more than 7.7 million km, of which 2/3 parts of water is more than 5.8 million km, with a coastline over 81.000 km, and the exclusive economic zone (ZEE) 200 mil.17 This Archipelagic state’s waters is right at the meeting point of communication line between the Pacific Ocean and India as well as Asia and Australia, which connecting the interests of developed countries around the world. Therefore, Indonesia has a very strategic value, especially in the fields of economy and military.18 In accordance with the provisions of the United Nations Convention in The Law of the Sea (UNCLOS) of 1982 about
14 James t. Conway, dkk., A Cooperative Strategy for 21ST Century Seapower, Naval War College Review, Winter, 2008, p.8 15 Wahyono S.K., “Indonesia Negara Maritim”, (Jakarta: Teraju, 2009), p.22 16 Vijay Sakhuja, Maritime Security in Southeast Asia, Contemporary Southeast Asia, Agustus 2007, Vol.29, No.2, p.392 17 Doktrin TNI AL Eka Sasana Jaya, (Jakarta:MABESAL), p.10 18 Wahyono S.K., Op.Cit., p.2 5 archipelagic state, Indonesia has a maritime history to fill the requirements to become an archipelago.
The strategic location that Indonesia has, it plays an important role especially in the field of military and economic stability as well as the existence of obstacle in Indonesia or in any country of the regions to utilize the trade traffic through the sea. Besides as a strategic sea route the potential of marine resources are abundant, thus if not controlled as well by the country it will bring up the excessive exploitation activities as well as the marine environment imbalance occurs even countries will have loss in terms of the economic system. This is not only bothers the maritime security stability of Indonesia, nevertheless there will be a conflict that might be dilated to other states.
The development of maritime issue, it’s leading the changing of maritime concept towards threat is no longer in the military sector between countries, but a state defense against non-military threats. The traditional threat of foreign still become a controversy by each country, such as territorial conflicts, ranging from the crisis of Sipadan-Ligitan that now belonged to Malaysia until the debate over the Ambalat, until the issue of People Smuggling then Weapon Smuggling. These problems are not only about territorial threat, but arises other issues such economic problems and law problems. Besides the source of the threat that is diverse, the degree of threats in the waters is also very important. Both the leading issues that happened in Indonesia domestic waters or in areas of Southeast Asia waters showing the linkages between the security sectors (economic, social, political, environmental and military). In addressing the exploitation of a strategic maritime environment that gave rise to numerous conflicts, the effort of maritime defense needs to be improved in keeping Indonesia's security.
Maritime security perception is not only about law enforcement at sea, but rather encompasses wider scope which is synergies each other. Despite the presence
6 of two maritime interests, which are connected mutually, there are national interests and international interests. First, sea is free from violence threat that using organized arms forces and counted has a potential to bother and endanger state’s sovereignty, either about military threat, piracy, sabotage of vital objects or even terror. Second, the sea is free from navigation that caused by geography condition and hydrograph. Third, sea is free from threat towards maritime resources such as contamination and demolition of the ecosystem. Fourth, the sea is free from the threat of law violations such as illegal logging, illegal fishing, weapon smuggling and other.19 Attempts to protect and guarantee the state’s security in or through sea are much needed, and this is related to Indonesian maritime capability in dealing with the existential threats currently. Generally maritime capabilities is the ability of economic, political and military of a state that is manifested in its influence in utilizing the sea for domestic interest and to prevent the utilization of the sea by other parties that can harmed the state.20 The study case in this research is about Weapon Smuggling that means as every activity or all activities of people or even official institution that commit the activity of carrying weapons to Indonesia territory illegally or without the applicable procedures by the government.
Generally it can be stated that the interest of the Indonesian Navy (TNI AL) in maintaining maritime security as well as a major component of state’s defense in waters area is much needed by Indonesia as an archipelago country at the jurisdiction waters territory of Indonesia beside the role of other government institutions, where the security disorder and law violation at sea is till continue year by year and tend to increase either the quality or the quantity. Universally the roles of Indonesian Navy (TNI AL), military and diplomacy not only carried out at war but also in peacetime.21
19 Forum Dialog ke XI, “Kerjasama Maritim ASEAN”, (Surabaya: Badan Pengkajian dan Pengembangan Deplu, 21-22 April 2004), p.40 20 Y.Didik Heru Purnomo, “Pengamanan Wilayah Laut RI bagian Barat”, dalam jurnal Hukum Internasional, Edisi khusus, Desember 2004, (Depok: Lembaga Pengkajian Hukum Internasional Fakultas Hukum Universitas Indonesia), p.31 21 Doktrin TNI AL Eka Sasana Jaya, (Jakarta:MABESAL), p.52-56 7
Traditionally the understanding of security that shows the major actor in international interaction is a country, currently no longer in such situation. War no longer only occurs between states (interstate) but can occurs in the country (intrastate) or even held out by the non state actors at country cross-border with any life dimension.
I.2 Problem Identification
Geographically Indonesia as an archipelagic country that in a place between Asia and Australia as well as Pacific and Indian Ocean, placed Indonesia as an interest territory for all countries in any region around the world. This strategic position causing the condition and security at regional and global level becomes a factor that influence towards the condition of Indonesia and the region. The strengthening of influence on national condition due to the presence of international interaction such as: free trade, democratization, human right, the environment, the development of technology and the others. Those things are also influencing Indonesia’s national security. It is not different with the security issue, threats that come from outside of a state are always have a synergy and influence the stability of each other in region and make it difficult to be separated. In responding the dynamics of the strategic location, Indonesia has a responsible to be more concrete in strengthen its existence as the largest archipelagic country in Southeast Asia and the waters extensive that easy to be attacked by threats from other countries (non-state actors).
Indonesian waters that has biological resources and non biological resources which very precious, such as oil, natural gas, fishery and the others, the following on ratification of the United Nation Convention in The Law of The Sea which was later ratified by Indonesian government through Undang Undang Number 17 year 1985, then Indonesian waters area is more extensive. The consequence of this condition is the government duties have increased. In this term is Navy, Indonesian National Army (TNI AL), as a government institution TNI AL also has a responsibility to cope the 8 problems at Indonesian waters. Conceptually TNI AL should be able to cope with Non- Traditional threats on Maritime Security. As had already been stated in Undang Undang of Republic of Indonesia regarding the roles, functions and duties of TNI AL where TNI AL has duty of first, carrying out navy duties in term of maritime defense. Second, maintain the law enforcement and protect the security of national waters territory in accordance with the certainty of national law and international law that has been ratified. Third is carrying out the Navy diplomacy tasks in order to support Indonesian foreign policy, which was stipulated by the government. Fourth is carrying out the duties of Indonesian Armed Forces (TNI) in development of naval forces. Fifth is carrying out the utilizing of maritime defense territory.22
The development of security issue is a global reality which very influencing to Indonesian strategic environment in order to keep protects the state’s sovereignty and the environment of Southeast Asia region. The high volume of activities that can be categorized as threats or violation towards Indonesia’s sovereignty, in this term about sea is a crucial thing to Indonesia as an archipelagic state and very important considering Indonesia that surrounded by ocean, played an important role in the activity of marine utilization in Southeast Asia, so it can arises various challenges in maintain the state’s sovereignty. In general mastery of the sea is pervading control of war and sea transportation, and the enforcement of sovereignty and law at the sea, namely violation tackling of state’s rights. In order to organize the elements at the sea with purpose to do monitoring of law enforcement at sea towards those issues, Indonesian government facing both opportunities and challenges.
Thus, the security and sea’s defense is the main writerity of Indonesian Navy (TNI AL) with the other institutions that have connected with maritime issues. Its activities are including the development of monitoring system, controlling and surveillance (MCS), a joint patrol in order to taking measures of the violation in this
22 UU RI No. 34 Year 2004, Chapter IV, pointl 9 about Tentara Nasional Indonesia (TNI) 9 case weapon smuggling and about law enforcement at national waters. This coordination has to be done because each institution cannot work alone due to the extensive of Indonesia’s sea territory that probability used by any actor of illegal activities such weapon smuggling.
To be known, the actors of weapon smuggling in or through Indonesia territory are dominated by countries in Asia.23 Since 2006 until 2007 the cases of weapon smuggling and misapplication of weaponry are increasing, and decreasing at 2008. Based on Police of RI headquarter (MABES POLRI), below is the table about smuggling and misapplication of weapon activities along 2006 until 2008.24
Table 1. Data of Smuggling and Abuse of Firearms 2006 – 2008 based on the type of Firearms No Type of Firearms Total/year Total of 2006 2007 2008(*) Firearms 1 AK-47 308 378 1 687 2 Senjata Api Rakitan 205 282 67 554 3 Walter 4 492 2 498 4 SS-1 106 92 5 203 5 FN 35 108 4 147 6 Bahan peledak 59 69 13 141 7 Granat 35 86 3 124 8 M-16 Al/Carabine 21 56 6 83 9 Colt (Revolver) 24 39 17 80 10 Smith and Wesson 5 32 3 40 11 Senjata Api Gas 5 31 2 38 12 Gas Air Mata 11 7 12 30 13 AK-56 15 8 3 26 14 Senjata Mesin 9 10 4 23 15 AR-15 1 4 1 6 Total 843 1.694 144 2.681 (*) until October
23 Poltak Nainggolan, Dalam Jurnal Penyelundupan Senjata ke Wilayah Indonesia, 4 Desember 2011 24 Data from Mabes POLRI 10
In 2009 until 2013 the activity of weapon smuggling is increased, following also with the increasing about shooting in the civilian. These things are get increase because Indonesia is not able enough in securing its maritime territory from weapon smuggling activities which be done by foreign actors (non-state). Indonesia is not has enough both personal and facilities to protect around 6 million km of maritime territory. Shooting case in Indonesia along 2010 until 2012 showing high number of cases, it could happen because of the number of weapon that circulated in Indonesia is also high and definitely illegally. It is caused by the activities of weapon smuggling that make the civilians easy to have their own weapon without any procedure or permit from government or police. Weapon smuggling is one of many non-traditional threats towards maritime security. Indonesian government has to take care and concerns about maritime security.
I.3 Statement of the Problem
Topic : “Indonesian Security Cooperation of Maritime Security Issues in Addressing Trans-National Crimes as Particularly Weapon Smuggling (2010-2012)”
Question : “What security cooperation did Indonesia implement on maritime security to address the issue of weapon smuggling from 2010-2012?”
I.4 Research Objectives
- To know what are security cooperation that Indonesia implemented on maritime security issues as particularly weapon smuggling activity.
11
I.5 Significance of the Study
The significance of this study is explained in the following pointers: 1. The writer intends to enrich knowledge about the concept of maritime security. 2. The writer would like to enhance knowledge about non-traditional threats particularly weapon smuggling towards maritime security in Indonesia. 3. The writer would like to know what are the strategies or policy of Indonesian government in dealing with weapon smuggling (2010-2012). 4. This study is designed to improve the ability to understand how important maritime security is.
I.6 Theoretical Framework
The existence of differences character of each region in Indonesia brings advantages to Indonesia in utilizing and managing as well all the natural resources for fulfill people’s need and prosperity. As an archipelagic state Indonesia has so many ports both small and big ports. Ports that Indonesia has which used as a transit gate and traffic lane for trade ships both domestic and foreign, regrettably 60 percent of all the ports are have no enough optimal facilities, transportation, infrastructures and services.25 Indonesia territory has a long coastline as well as the fourth longest coastline in the world with its extensive more than 95.181 km, which was announced by United Nation in 2008. A wide territory of maritime area actually make Indonesia has both advantages and threats to face. Threats of maritime security are categorized as trans-national crimes such as illegal fishing, human trafficking, people smuggling, weapon smuggling and others. In this research, the writer is focusing on weapon smuggling activity therefore the writer try to describe the problem with theory approach that related to weapon smuggling issue. Below are the theories:
25“Pelabuhan Perlu Manfaat Potensi Domestik” http://els.bappenas.go.id/upload/kliping/Pelabuhan.pdf. 12
I.6.1. Non-Traditional Security as a New Security Concept.
Concept of security is becoming one of the most used concepts in human interaction in the world. This concept also often changes in accordance with the development of human social life, either in the level of local, national, or global. Security issues cover traditional issues such as inter-countries conflict and wars, while non-traditional issues cover terrorism, environments, human rights, and democratization that involve non-country actors. Non- traditional issue of security is closely related with the geographical characteristics of Indonesia and occurring development in external regions. Moreover, non-traditional issues of security have broad impact on both national global securities. According to Buzan, there is securitization in the concept of security. He concluded that every issue could be considered as the issue of security, especially when the issue is intended to be accepted by people or society as anything that impend their condition of security. In other words, non- security issues could also be the security issues when they contain any element related with threats towards particular objects. Therefore, we could understand the way to face the issues that affect the sovereignty or national integrity, either external or internal threats. 26 Buzan suggested a method in terms of new security, and security does not only relate with military sectors but it is also a part of political sectors, which seen through reference to existential threats and other sectors could give the responds to deal with the occurring issue. Nowadays, security agenda deals with various areas of life such as;
26 Barry Buzan, People, States and Fear: An Agenda for International Security Studies in The Post Cold War Era(2nd edition), (London: Harvester Wheatsheaf, 1991) p.19-20 13
environmental, economic, social, and politics, as well as military, which collide to each other.
According to Buzan, the concept of security, which includes politics within, has important role in the justification of military utilization and the intensity of governmental role. In his study, Buzan also focused the problem on the level of individual as referent object.27 According to Barry Buzan, there was unit of analysis in examining the recent process of securitization: 28 · Referent object: things that are seen to be existentially threatened and that have a legitimate claim to survival · Securitizing actor: actors who securitize issues by declaring something · Functional actors: actors who affect a dynamic of sector
In the issue of weapon smuggling, the actors who conduct securitization are the country members of UNCLOS in terms of regulation and utilization of sea for the country members and other countries, which have problems in sovereignty of their sea or maritime territories.
Referent object, the country members with disturbed sovereignty by weapon smuggling, in this research is Indonesia Exclusive Economic Zone. While functional actors in this issue are the actors of weapon smuggling in Exclusive Economic Zone of Indonesia that affects Indonesian policy in Maritime Security, especially in terms of issue of sovereignty violation by weapon smuggling activities. The activity of weapon smuggling also affects the dynamics of bilateral relationship with flagged ship of weapon smuggling actors, either regionally or globally. Trans-national insecurity and threat could weaken the sovereignty of a country, in which the illegal activities including
27 Barry Buzan, Rethinking Security After the Cold War. Corporation & Conflict, Sage Publication, vol., 32(I), 1997. 28 Barry Buzan, Ole Wæver dan Jaap de Wilde, Security A New Framework for Analysis (Colorado: Lynne Rienner Publisher, Inc., 1998) p.35-36 14
weapon smuggling could threat some sectors of life. According to Buzan, some maritime issues either in domestic maritime of Indonesia (internal waters) or in the area of Southeast Asia waters show the presence of “cross-sectoral security connections” in economics, social, politics, environments, and military, which possess the high level securitization. The process of securitization plays an important role in political issue for the security of Indonesian maritime.29 When Indonesia is unable to solve the problem of weapon smuggling, then it could bring impact the benefit that gained by sector of security. In politics term, government is required to be able to take efforts in the elimination of weapon smuggling activities, either through applying internal strategic policies or building cooperation with other countries. When a country is unable to make policy, which could be considered ineffective in solving the problem insignificantly, then it could increase the demand of people in maritime security, and it could also increase the incident of smuggling due to the weak policy. In the aspect of environment, weapon smuggling could potentially threat civilians, for example, there were some shooting incidents in the civilian community.
From the aspect of military weapon smuggling is often considered as an issue of sovereign violation, which conducted by foreign actors. Some actors of weapon smuggling are highly organized and it requires stricter maritime jurisdiction controlling by Indonesian government, and it also requires the more advanced maritime forces as the front monitoring guard in Indonesian jurisdiction zone.
In many cases, the international issues highly affect the agenda of national policy. Traditionally, the possibility of inter-state conflict in international relations is a threatening maritime issue that must be seriously
29 Indonesia’s Defence White Paper: Defending the Country Entering the 21st Century. Jakarta: Department of Defence, p.30. 15 concerned by Indonesia. This inter-state conflict refers to the level of competition among countries, which obtain natural resources and their claim on national and territorial borders. The problem of overlapping claims among six countries (China, Vietnam, Malaysia, Philippine, Brunei Darussalam, and Taiwan) on the area of South China Sea is one of the significant regional maritime issues that faced by Indonesia. More specifically, the guaranteed maritime security in the area of Southeast Asia must be main priority for the economic sustainability both regional and global. It is because that the region of Southeast Asia has four main sea-lanes, which are Malacca Straits, Singapore Strait, Sunda Strait, and Lombok Strait. Indonesia, for example, is highly required to examine and re-adjusting the baseline of shores (internal waters) and its archipelagic sea-lanes. This effort must be carried out immediately in the best manner to prevent the further territorial claims made by foreign countries. The country must protect its territory from the threats in the sea, and the national asset must be also protected as best as possible, therefore, the problems that faced by Indonesia in terms of sovereignty violation that conducted by non-state actors as weapon smugglers could be successfully solved, and it requires a joint legality from national level, regional, and international.
I.6.2. Cooperative Security/ Security Cooperation
The term "security cooperation" or "cooperative security" became very popular among ASEAN countries with a determination in 2003 at a summit in Bali to accept ASEAN Concord II, replacing the Declaration of ASEAN
16
Concord 1 (1976), to build the pillar of "ASEAN Security Community ", where there is a determination to enable all conflicts can be managed collectively.30
Prof. Dr. Muladi SH in his lecture entitled Pemanfaatan Kerjasama Keamanan untuk Menghadapi Bahaya Keamanan Komprehensif dalam Rangka Ketahanan Nasional dan Memperkokoh NKRI explains the general concept of cooperative security quoted from the explanation of Michael Moodle that this concept is defined as:
“ a process whereby countries with common interest work jointly through agreed mechanism to reduce tensions and suspicion, resolve or mitigate disputes, build confidence, enhance economic development prospects, and maintain stability in their regions”31.
Cooperative security was an approach developed by Canada and Australia in the early decades of the 90s in an attempt to find a new format of regional security management to address changes in international security conditions as a result of the collapse of the bipolar system and the dissolution of one of the superpowers countries, Soviet. This is because in the post-Cold War era there is hope to manage the security conditions not only to anticipate the war but also how to build common values internationally to achieve peace stability and long-term peace.32
Cooperative security is a form of concept that seeks to create a security by way of dialogue, consultation, and the formation of trust without having to
30 Prof. Dr. Muladi, SH, “Konsep Kerjasama Keamanan (Cooperative Security) Dalam Rangka Menghadapi Bahaya Keamanan Komprehensif (Comprehensive Security) dan Ketahanan Nasional, https://www.scribd.com/doc/39943514/Konsep-Kerjasama-Keamanan-Dalam-Rangka-Menghadapi- Keamanan-Komprehensif-Dan-Ketahanan-Regional . Jakarta: September 2010. 31 Prof. Dr. Muladi, SH. Pemanfaatan Kerjasama Keamanan untuk Menghadapi Bahaya Keamanan Komprehensif dalam Rangka Ketahanan Nasional dan Memperkokoh NKRI. Bahan Ceramah PPRA DAN PPSA Lemhannas 2012 32 David Dewitt, “Common, Comprehensive and Cooperative Security”, Pacific Review, Vol. 7 No. 1 (1994) p. 2-3 17
go through a formal institutional approach. This concept is basically a concept that carries out how to establish relations on the basis of common values of security which every actor has a responsibility as an international society. The theory of cooperative security more specifically refers to attempts to build a broader sense of security and reciprocity in the pursuit of long-term security guarantees rather than an effort to counteract the opponent's threats.
In principle, cooperative security focuses on efforts to protect the country from inter-state conflicts and also facilitates the need to maintain the status quo in the region as well as within the country. The cooperative security concept can also be used to manage individual and group security issues within the country. That's why cooperative security also incorporates the elements of preventive diplomacy in solving security problems.33
The cooperative security concept also combines military and non- military components in joint security management measures. Therefore, the steps in the implementation of regional security management with cooperative security concept also developed a multi track dialogue pattern which involves not only state actors but also non-state actors, especially academic and epistemic communities.34
According to Muthiah Alagappa, in "Asian Security Practices (Material and Ideational Influences)", the concept of cooperative security is characterized by several characters. First, the understanding that security threats are broad, not only military but can be non-military. Second, an inclusive approach means that cooperative security is flexible towards alliance relations, including bilateral relations and the balance of forces that already present in creating regional security. Competition and differences between countries remain in a
33 Craig A. Snyder, “Regional Security Structures” in Craig A. Snyder (Ed.), Contemporary Security and Strategy (London: Deakin University, 1999), p. 115. 34 Dewitt, loc.cit. 18
system that embraces cooperative security, but that difference conditions occur in the corridor that has been agreed by all participated countries in security cooperation using cooperative security model corridor, the meant here is the norm and the process agreed by these countries.35
The basic idea of the existence of security cooperation (cooperative security) is that countries work together to maintain security and ensure their national interests. In this issue there are basic norms used for these actors to interact with each other. John Gerard Rugie argues that the agreement of cooperation depends on several principles which then underlie the relationship, which is specifically dependent on certain factors.36
Security cooperation encourages countries to engage in a cooperative approach and aim to build multilateral efforts without regard to the relationship between enemies (efforts to achieve security with others). In the framework of this cooperation all participants work together to improve the stability of a region, which is very coveted by all members. For Indonesia the concept of cooperative security is very appropriate in the context of free and active politics embraced by Indonesia and also related to one of the national goals of participating in implementing the world order based on independence, eternal peace and social justice.37
Concerning some disturbances in maritime security, Indonesia is now facing some various maritime threats. The first threat is a possibility of aggression from other countries. Second threat is navigational threat due to the important and strategic
35 Muthiah Alagappa, “Asian Security practices *Material and Ideational Influences)”, in thesis, Ilham Sani, “Perang Mengatasi Bajak Laut di SLOC I”, Depok: Universitas Indonesia, 1999, p. 35. 36 John Gerard Ruggie, “Multilateralism: the Theory of an Institution,” Multilateralism Matters: The Theory and Praxis of an Institutional Norm, ed. John Gerrard Ruggie, Columbia, NY, Columbia University Press, 1993. 37 Prof. Dr. Muladi, SH, “Konsep Kerjasama Keamanan (Cooperative Security) Dalam Rangka Menghadapi Bahaya Keamanan Komprehensif (Comprehensive Security) dan Ketahanan Nasional, Ibid. 19 geographical position of Indonesia in world trade route. The next threat comes from the damage of sea environment and its natural resources. Threat on law violation is the next threat that faced by Indonesia including illegal fishing and smuggling. In other words, the sector of national maritime involves various actors and dimensions (state or non-state), which relate each other.38 Besides the varying of sources of threat, the degree of threats is very critical.39
From the context of maritime security issue discussed above, the discussion about maritime security complex theory will always keep changing from classical terms (military) to the new term (non-military).40 From the theoretical debate, neo- realism and neo-liberalism of institutionalism have some different assumption in the aspects of anarchy, power, security, and economics though; both approaches have also similar view on regime 41 as the instrument of state-actors in conducting bilateral, regional, and multilateral cooperation.42 The regime conception could specifically be utilized in seeking common rule of maritime security.43 However, the effectiveness of a regime is highly determined by the degree of compliance to the rules, which enacted by state-actors.44 Moreover, both approaches stated that the regime to regulate the multi-sectors relationship and cooperation do not always lead up to the establishment of strict international institution.45 But at least, this set of rules will establish a code of conduct, which regulates some issues in regional maritime security.46
38 AA Banyu Perwita, Afrimadona, Bantarto Bandoro, Beni Sukadis, Fredy Lumbantobing, Juwono Sudarsono, Kusnadi Kardi, Prasojo, Yugoslastarob Komeini, Memahami Kajian Strategis (Indonesia: FISIP UPN “Veteran” Jakarta Press, 2012) p.165. 39 Ibid. 40 AA Banyu Perwita, Afrimadona, Bantarto Bandoro, Beni Sukadis, Fredy Lumbantobing, Juwono Sudarsono, Kusnadi Kardi, Prasojo, Yugoslastarob Komeini, Memahami Kajian Strategis (Indonesia: FISIP UPN “Veteran” Jakarta Press, 2012) p.166. 41According to Stephen D. Krasner, regime can be defined as “principles, norms, rules and decision making procedures around which actor expectations converge in a given issue area”. Stephen D. Krasner (1983). International Regimes. Ithaca: Cornell University Press, p.2. 42 Ibid. 43Ibid. 44Ibid. 45Ibid. 46Ibid. 20
In addition to encouragement regional maritime security cooperation as discussed above, Indonesia also requires effective, huge, and advanced maritime defense fleets, and thus, the condition requires the sufficient supply of facilities of maritime defense. As stated by ex-Admiral Bernard K. Sondakh, an ex-staff of Indonesian Navy, the existence of Indonesia a maritime country could only be exhibited by possessing big and strong marine force to overcome and taking control the marine region of Indonesia.47
I.7 Scope and Limitations of the Study
The scope and limitation in this research is the year of the security cooperation being taken by Indonesian government towards weapon smuggling issue. The time framework is during 2010 – 2012. The reason is because during that time the activity of weapon smuggling is increased and so many cases of shooting done by civilian during that time.
I.8 Research Methodology
Research methodology is a way to systematically solve the research problem. It may be understood as a science of studying how research is done scientifically.48 This research will require the qualitative methods. According to Denzin and Lincoln, qualitative research focuses on interpretation of phenomena in their natural settings to make sense in terms of the meanings people bring to these settings.49 The use of this approach is considered as the most suitable approach because the aim of the research
47 Bernard Kent Sondakh, dalam Jurnal Hukum Internasional: National Jurisdiction at Sea, (Depok:Lembaga Pengkajian Hukum Internasional FHUI, 2004), p.1. 48 Kothari, C.R. (2004). Research Methodology: An Introduction, Research methodology methods & techniques (2nd rev. ed., p.8) New Delhi: New Age International (P) Ltd. 49 Denzin N K and Lincoln Y. S. (eds). (1994). Introduction: Entering the field of qualitative research. In N. K. Denzin & Y.S. Lincoln (eds), Handbook of Qualitative Research, p.1-17. London: Sage. 21 is to explore and describe a phenomenon, which does not involve mathematical models. This approach tends to describe in words rather than use numbers in analyzing data.
The research methodology that this thesis will use is the descriptive methodology in the timely order. The major purpose of a descriptive research (often called ex post-facto research) is description of the state of affairs, as it exists at present, on which the writer has no control over the variables; he or she can only report what has happened or what is happening.50 This research has aims to describe and understand the Indonesian Strategy of Maritime Security towards Non-Traditional Crime particularly Weapon Smuggling along 2010-2012. The sources will be obtained through literature study, books, journals, newspapers and state documents. Besides, interviewing the people that deals with the problem every day or the expert will be needed in order to answering the research question and accomplishing the research. Internet is the key tool for the writer to write this research. The writer accessed articles, journals, official reports and official documents via internet. The internet connection helped the writer in doing research and finding the material that the writer needs in writing this research. Books, the writer also used e-books and printed book in the process of collecting and comparing data that the writer got from online sources. The writer also got example the books that needed from President University Student Library.
I.9 Thesis Structure
I. Introduction This research will be divided into five chapters. The first chapter of the research wishes to introduce the reader to the topic to be discussed in the
50 Kothari, C.R (2004). Research Methodology, Methods and Techniques (Second Revised Edition). New Delhi: New Age International Ltd. p.2-3. 22
research. Every essential information such as background of the study, problem identification, statement of the problem, research objectives, significance of the study, theoretical framework, scope and limitation of the study, research methodology and thesis structure are written here. Without going too far for the details of the study, this chapter is intended to be the basis of the writing and give an overview of the research that may provoke the reader to look further into the research.
II. Issues and Problems of Maritime Security in Indonesia On the second chapter, the writer will describe about the issue and problem, which are becoming a threat of maritime security in Indonesia. Globalization has made a lot of changes and brought a lot of new things to this world. Globalization is like two sides of a sword. It gives benefits to people yet it is also create several problems. With globalization euphoria all around the world, many countries try to have a good relationship with other countries, especially in the economical aspect. One of the efforts to have that good relationship is by creating such an open market. Beside the good opportunity of an open market for a state economically, open market also affect the security in the border be less strict, on the other word it becomes a borderless country. This kind of situation can make a new problem called trans-national security issue (non-traditional crime) such piracy, people smuggling, weapon smuggling, maritime terrorism, illegal fishing and others. This chapter consists of the definition of maritime security, the overview of maritime crimes in Southeast Asia, and maritime security issues and problems in Indonesia.
III. Weapons smuggling in the region and Indonesia On the third chapter, the research will be more focused on the core of the problem, which is weapon smuggling. Weapon smuggling is as threat of 23
maritime security (trans-national crime). This chapter consists of the definition of smuggling, causes of weapon smuggling activities, weapon smuggling in the region and Indonesia and its effect towards Indonesian security.
IV. The Implementation of Indonesia’s strategy on maritime security to address the issue of weapon smuggling (2010-2012) Chapter four will be the core of this research. The writer will fulfill the objective of the research in this chapter. It will examine the strategy of Indonesian government on weapon smuggling activities, which is generally explained through the coordination between the concerned institution both national and international, along with the effort of Indonesian government in dealing with the violation of maritime region (sovereign region).
V. Conclusion
This chapter will be the last chapter of the research. It contains of the conclusion and recommendation of the research.
24
CHAPTER II
Issues and Problems of Maritime Security in Indonesia
II.1 The Issues of Maritime Security
II.1.1. Definition of Maritime Security Traditionally the concept of security that has been developed is relevant to the country, along the threat towards the country very close to military dimension to the territorial. In 1980s a new concept of security appears, about national security and international security. It was stated that comprehensive security or common security, both principles are based on the situation that there is no country can improved its security without an increase of security in other countries. It assumed foreign threat that faced by a country related to the security, is also a threat towards international security globally, especially in the area which the issue developing. For example: the development of nuclear, environmental degradation, the economic crisis, and so on. The understanding of security traditionally shifted to the new thought were due to the decreasing of boundaries between states, technology development, interdependence 51 (a situation where interaction globally is increase not only in military dimension but extends to be non-military that dominated by the issue of trade, conflict and common interest with the possibility those issues can be discussed in a regional cooperation to reach mutual advantage) between states and even non state
51 Scott Burchill, dkk., Theories of International Relations, second edition, (New York: Palgrave, 2001), p. 39
25
which is need to be discussed between parties to overcome the issue arose from the country or outside the country or region.
The increasing of interaction between states and the increasing of non state actors that have a role in the global environment in various dimensions, has creates certain issues in the world order. The vulnerability of threats on certain dimensions such politic, economy, social and culture as well as military touches on non-conventional issues with more concern to the non-state actors (terrorist, INGOs and others).
In the concept of security it is known for the origin of threats. In Cold War time, threats are coming from outside the country, nowadays threats also coming from domestic usually related to primordial issues such as ethnic issue, culture and religion. For example the conflict of separatism movement in Aceh (Gerakan Aceh Merdeka/ Free Aceh Movement) that triggered by the concept of ethno-nationalist and become a concern of national politics and international politics.52
Maritime security issue happened in many countries especially country that have a huge marine area. The meaning of maritime security was expanded because of the issue of maritime security currently becomes more complex. Maritime security is interpreted differently by each individual, organization or country depends on their various interests. However, on the other side maritime security is part of the expansion meaning about security.
On military perspective, maritime security focuses on national security in order to protect territorial integrity from enemy attack or other country with using military power to reach the interest of the state, outside its sovereign
52 Yulius P Hermawan, “Transformasi dalam Studi Hubungan Internasional : Aktor, Isu, dan Metodologi”, (Yogyakarta : Graha Ilmu , 2007), p.40
26
territory. While on defense perspective, maritime security not only about protecting a country's territorial integrity but also encompasses wider border issue and particular towards emerging threats. As example The US Naval Operation Concept that refers to the purpose of maritime security operations including ensuring freedom of navigation, commercial lines and protection of marine resources, threat of terrorism, drug trafficking, piracy and many other violation of transnational crime on marine territory. 53
In terms of maritime, the study that discussed are not only about the concept of maritime defense on military-scale but also including defense towards non-military threats such timber smuggling, weapon smuggling, illegal immigrant, illegal fishing and many other violations. Currently maritime security issues gets concern from many parties because its threats more widespread include violence threat (piracy, hijack, sabotage, and terrorism), navigation threat (lack of navigation tool and theft of navigation tool), threat of resources (marine destruction and marine pollution along its ecosystem), illegal immigrant, exploration and exploitation of natural resources illegally including treasure, weapon smuggling and theft of timber by sea. Those threats above can destabilize the sovereignty of a country, both threats that coming from another country or even threat from a non-state actor (foreign and domestic). In the case study of this research, those issues can bother the good relations between Indonesia and other countries.
According to The United Nations Secretary-General, it’s not defining Maritime Security in detail but in Report on Oceans and the Law of the Sea in
53Natalie Klein, Joanna Mossop, dan Donald R. Rothwell, Maritime Security : International Law and Policy Perspectives from Australia and New Zealand, (New York : Routledge, 2010), p. 5 27
2008, its mentions some indication that can be stated as threat towards Maritime Security, those are: 54
1. Piracy and Armed Robbery, maritime crime that endanger the safety of sailor and the security of navigation lines and commercial lines. 2. Terrorist acts, threats ships, offshore installations and another maritime activities that can bring bad impacts to a state’s economic stability and even cause physical assault. 3. Illicit trafficking in arms and weapons of mass destruction 4. Illicit trafficking in narcotic drugs and psychotropic substance, which takes into account that ‘approximately 70 per cent of the total quantity of drugs seized is confiscated either during or after transportation by sea. 5. Smuggling and trafficking of person, through the sea using unfeasible ship and be treated inhuman. 6. Illegal, Unreported and Unregulated (IUU) Fishing, identified on food security scale that can be a threat to the stability of international relations and maritime security. 7. The intentional or violation of law on marine environment that can cause a severe marine pollution and have potential to threaten the security of one or more country and impact on social and economic interests of coastal states.
According to Carolin Liss (2007) maritime crimes in Southeast Asia currently are not only about defense on military scale but leads to another dimension such: illegal fishing, smuggling of goods and people, fraud, and piracy. Maritime security issues are always leads to Naval and Coast Guard
54 Natalie Klein, Joanna Mossop, and Donald R. Rothwell, Ibid., p.7-8 28
power due to generally both are in charge on surveillance towards issue on maritime security deterrence and power enforcement body.
As applied by Japan after the Cold War, through an alliance with United State of America, the implementation of Maritime Security is directed to peace and the regional stability of Asia-Pacific. Both countries incorporated in joint maritime military power as the strongest military power in the Asia-Pacific region at that time. Japanese Coast Guard contributes to addressing the issue of piracy that often occurs. Japan’s economic is one of the biggest economic powers in Asia. To distribute its product to another countries, Japan distributes their goods by sea-lanes particularly in Asia as the main customer. Without using sea-line to distribute its good, its possible Japan’s economic growth would be bad. Currently the development of Japan’s maritime military role is not only directed to defense on sea borders but also protecting Japan’s sea line of communication, such South China Sea, India Sea, Arab Sea or even international strains. As example, Japan helps the navigation security in Malaka strait as the most important strait in Southeast Asia region due to the rate of maritime crimes on that region is very high and may cause international conflict both maritime conflict or even more extend. 55
Marine environment is an attractive media on commercial lanes activity and transportation through waters, while on the other side emerges transnational crimes, it can be seen by the big amount of illegal goods (drugs and even illegal weapon), and the large number of people who are passing through the sea with the possibility of a smaller risk from the writerity of law enforcement in that area.
55 Masahiro Akiyama, Maritime Security in Southeast Asia and Southwest Asia in IIPS International Conference Tokyo: Prospect for Change in the Maritime Security Situation in Asia and the Role of Japan, 13 November 2001, p. 5-7 29
Maritime security issues can be further assessed, whether it is impacted on the state security, regional security, and international security, as well as whether the issues reflects on the multidimensional issue so that needed to be handled appropriately and fast through policy. When the issues of maritime security have become a non-conventional issue that is considered as security threats through mutual understanding of both domestic communities, regional, and international, the stakeholder or even global community has to respond it as soon as possible.
In Indonesia’s history, waters area is a network system that consists of several sub-networks system of trading activity, politic and others. This activity is involves the use of shipping lane as a means, it shows that there is an interdependency network such interregional, international and local. It is said that maritime been known since the era of Sriwijaya as a maritime empire that ever grew into the largest maritime empire in Southeast Asia with power centralized in Malaka Strait as international trading lane in that time. 56
II.1.2. The Overview of Maritime Crimes in Southeast Asia Maritime security environment particularly in Southeast Asia in the last 10-15 years has changed. This situation is inseparable from the influence of the strategic environment of global security where the new phenomenon of threat to world maritime security emerged and become a real challenge for countries, especially countries that have sea territory. As it is known the border of Southeast Asia region is more dominated by sea territories and the country's
56 Safri Burhanudin, “Sejarah Maritim Indonesia: Menelusuri Jiwa Bahari Bangsa Indonesia dalam Proses Integrasi Bangsa (Sejak Jaman Prasejarah Hingga Abad XVII)”, (Pusat Kajian Sejarah & Budaya Maritim Asia Tenggara, Lembaga Penelitian Universitas Diponegoro Semarang serta Pusat Riset Wilayah Laut & Sumberdaya Non-Hayati Badan Riset Kelautan Perikanan Departemen Kelautan dan Perikanan: Jakarta, 2003), p. 13,63.
30
borders are still overlapping each other. Maritime area is a highly prospective path for expanding crime, which is trans-national crime.
Countries in Southeast Asia incorporated in ASEAN, which are generally as maritime nations, they are aware of the potential threats of maritime security both in their own territory and regionally as Southeast Asia and almost 90% of strategic commodities and energy needs transported from one country to another by sea route. The sea is a place of extracting natural resources that will be used to support economic growth. Therefore maritime security incidents will greatly disadvantage both politics and economy for country itself or for regional. According to Collins, the expansion of these non- traditional security issues includes environmental security and economic security. Environmental security is closely related to environmental damage, resource scarcity, and conflict.57 Based on Collins's statement, it can be said that threats concerning maritime security in the region is part of the expansion of non-traditional security especially about environmental security.
Piracy is a form of organized crime that is main threats of shipping safety in the world, especially in Southeast Asia. The threat of this crime has been going on for hundreds of years around the world. Usually piracy occurs because of a group of irresponsible people, such as pirates who take over ships from other countries in international waters and also take the crews of the ship for ransom. Basically the pirates were people who worked as fishermen but because of their low economic level, the poor fishermen choose become a group of pirates. The disruption towards vessels' safety occurs generally when ships are in the port and most of the crime targets are small vessels because they usually carry goods that can be easily sold on the black market.58 In
57 Alan Collins, “Security and Southeast Asia: Domestic, Regional, and Global Issues”, in Bambang Cipto, “Hubungan Internasional Di Asia Tenggara”, (Yogyakarta: Pustaka Pelajar, 2007) p. 223 58 Ibid p. 226 31
general, Southeast Asia's waters are known to be full of pirate attacks, which is also the most worrying area of the threat.
In general Southeast Asia's waters are known to be full of pirate attacks and become the most worrying in 2002. For example the Strait of Malacca and India are another area vulnerable to pirate attacks. The pirates seized a small part or the entire cargo of the hijacked ship, they were also killed the hijacked crew.59 Threats using the sea as a means of operation with targets of objects located, near or moving in the sea, under certain circumstances are considered more dangerous than on land. Sea has characteristics, therefore the response to this form of threat is more difficult to do when compared to on land. Countries located in Southeast Asia incorporated in ASEAN, which are generally maritime nations, they are fully aware of the potential threats to maritime security, both in their own territory and in Southeast Asia regionally.
According the report by International Maritime Bureau (IMB), pirate attacks dropped dramatically in 2012 across the world and also in Asian waters due to increased vigilance, security tightening and improved inter-country cooperation. IMB said that the first nine months of 2012 are much quieter than the previous year. In 2012 there were only 233 events, compared to 439 events throughout 2011. There have been only 90 attacks in Asian waters in 2012, compared to 129 times in 2011. Most of the attacks in Asian waters occurred in Indonesia 51 times until September 2012, compared to 46 times during 2011, said IMB. Most of the incidents in Indonesia were reported occurred at the ports or docks of Belawan, Batam Island, Samarinda, and Taboneo. Meanwhile, the situation in the Malacca Strait and Singapore had improved. For over the past
59 Ibid. 32
quarter century, Southeast Asia has become a hotbed of world problems in the case of piracy against commercial vessels and fishermen.60
International Maritime Organization (IMO) stated said the piracy action that occurred in the waters of Asia Pacific, especially Southeast Asia is the highest in the world. Piracy actors not only use traditional weapons, but also firearms and technologically advanced equipment. Marine security is a complex issue as efforts to deal with maritime piracy cannot be done by one country alone, but involving various countries and international organizations. Therefore, efforts to realize security at sea require close cooperation between countries.
Besides the problem of piracy, Southeast Asia countries are also faced the threat of people smuggling. People smuggling cannot be viewed as a simple matter. Its countermeasures involve several countries with different interests, especially security, humanitarian, economic, and political. Illegal migration activities are often conducted by organizations with international networks.
Smuggling activities through inter-country waters that are not less widespread in the last decade in Southeast Asia are smuggling of weapons, ammunition, and explosives. The illegal activities have political, economic and security aspects between countries and destinations. In the field of security, smuggling of weapons poses a very serious problem as it directly threatens the stability of the security of the destination country.
The maritime piracy and smuggling described above are illegal cross- country acts that cause harm to countries in the region as well as to countries that use cross-water. The illegal cross-country action is significant and worries
60 http://apdforum.com/id/article/rmiap/articles/online/features/2012/12/28/asia-pirate-attacks 33
the countries in the region. The illegal act is organized neatly, so it needs cooperation between countries to overcome it.
Seeing the situation and circumstances that hit Southeast Asia regarding the threat of piracy or piracy in the sea area, the role of ASEAN is needed as a forum that mediates the ASEAN member countries to discuss issues concerning piracy in their respective waters of the country and also around Southeast Asia waters. The declining security guarantees of major countries in the region have prompted ASEAN countries to improve their defense. Increasing the capability of maritime equipment expenditure for the defense of each ASEAN country, if it remains within the framework of regional cooperation, will certainly have a positive impact on the overall regional defense. However, if each ASEAN member country improves its own defense system, it is feared that it will trigger an arms race. This clearly threatens regional stability and security conditions in the future.
Maritime security has been seen as an important element in the idea of the ASEAN Security Community. Within that framework, the regional organization created the mechanism of ASEAN Maritime Forum (AMF). However, according to the Informal Consultative Process (ICP) by the UN, there is no definite definition of maritime security. Just mentioned that the ASEAN Maritime Forum was designed as a forum to discuss steps to respond to maritime security threats. The so-called maritime security threats are (1) piracy, (2) armed robbery, (3) marine environments, (4) illegal fishing, and (5) smuggling of goods, people, weapons and drugs.61 The ASEAN Maritime Forum is a forum established by ASEAN, the formation of the AMF was designed at the 14th ASEAN Summit in Cha-am Hua Hin, Vietnam, March 1,
61 Dr. Makmur Keliat, “Keamanan Maritim dan Implikasi Kebijakannya Bagi Indonesia”, (Jakarta: Jurnal Ilmu Sosial dan Ilmu Politik, 2009) Vol 13 No 1. 34
2009, then adopted the ASEAN Political-Security blueprint referring to the establishment of the ASEAN Maritime Forum.
The complexity of maritime issues in Southeast Asia requires the joint efforts of ASEAN member countries to address conflicts and potential problems, because in reality Southeast Asia is an international sea route and a vital trade route. Therefore, as a follow-up of the efforts of ASEAN member countries, ASEAN's efforts in implementing the ASEAN Concord II Declaration (Bali Concord II) signed in Bali, October 7, 2003, confirmed that the maritime issue and all related to it are cross-border issues, Should therefore be discussed in regional forums through a comprehensive and integral approach. Furthermore, the establishment of the ASEAN Maritime Forum (AMF) is one of the important actions to be undertaken under the Political- Security Community Blueprint.62
II.1.3. Maritime Security Issues and Problems in Indonesia The Council for Security Cooperation in the Asia Pacific (CSCAP) identifies several maritime-based security threats, particularly in Southeast Asia, Indonesia:
II.1.3.1. Piracy
Piracy is not a new phenomenon in Southeast Asia, especially Indonesia. A number of studies show that this criminal action in the sea has strong historical legitimacy and is linked to local social, political, economic and cultural conditions. In fact, the Dutch colonial policy in the Netherlands Indies or the territory of Indonesia today to monopolize trade and looting is a stimulus for the rise of piracy and piracy in the
62 http://www.deplu.go.id/Pages/PressRelease.aspx?IDP=972&l=id 35
waters of Indonesia. Joseph Campo63 distinguished piracy and piracy action from two motivations, namely economic and political. Economic-motivated action is divided into two categories, namely parasitic and predators. Parasitic acts are usually small on account of opportunities and demands being sources of income, whereas organized groups to loot in large volumes organize predators. Piracy action with political motivation is usually done in the interest of "power holder" or "power seeker". Adam J. Young asserted that piracy and piracy action at sea have attachment between socio-cultural, economic, and political dimension, hence in handling this problem requires the ability of State to effectively control and organize this environment. The key word in handling this problem is the ability to control the jurisdiction; therefore the determination of the maritime boundary becomes very vital.
According to the International Maritime Bureau (IMB), hijacking is an act of boarding or attending to board any ship with intent to commit theft or any other crime and the intent on capability to use force in the furtherance of that act, excepting those crimes that Are shown or strongly suspected to be politically motivated ". Data on the number of hijackings is usually based on the number of reports about piracy attacks. The main criticisms of the weakness of efforts to deal with marine piracy action stem from the lack of accurate data on the activities and life of the perpetrators of this piracy action, making it difficult to take preventive action or surveillance.
63 Campo, Joseph (2003) “Discourse Without Discussion: Representation of Piracy in Colonial Indonesia 1816-25”, Journal of Southeast Asia Studies 34 (2): p. 199-216.
36
Table 1 below is a compilation of data on reports of piracy attacks in Southeast Asia within 10 years around 1997-2007. The Strait of Malacca and Indonesia is the center of the operandi site for this action. In fact, there has been an increase in the number of reports of piracy actions in the Indonesian territory up to 2-fold in 1999 and 2001 following major political changes with the fall of President Suharto's leadership regime. If in 1998, the number of piracy reports in the sea was about 60, then in 1999 it increased to 115 reports and in 2000 to 119. Despite the decline in 2001, there was an increase again in 2002 to 103 and 121 reports of sea piracy in 2003. The terrorist act of September 11, 2001 in the United States is believed to be a stimulus to the promotion of piracy actions linked to international terrorist networks. These threats are a strong basis for the importance of Indonesia's role and involvement in the handling of piracy and piracy action at sea.
37
Table 2. Report of Maritime Piracy Attacks in Southeast Asia 1997-2007 64
Location 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Indonesia 47 60 115 119 91 103 121 94 79 50 43
Selat 0 1 2 75 17 16 28 38 12 11 7 Malaka Malaysia 4 10 18 21 19 14 5 9 3 10 9
Selat 5 1 14 5 7 5 2 8 7 5 3 Singapore Filipina 16 15 6 9 8 10 12 4 0 6 6
Thailand 17 2 5 8 8 5 2 4 1 1 2
Burma 2 0 1 5 3 0 0 1 0 0 0
South 6 5 3 9 4 0 2 8 6 1 3 China Sea Kamboja 1 0 0 0 0 0 0 0 0
Vietnam 4 0 2 6 8 12 15 4 10 3 5
IMB, Piracy and Armed Robbery against Ships – Annual Reports 2008 Storey, Ian (2008) “Securing Southeast Asia Sea Lanes: A Work in Progress”, Asia Policy No.6
The Strait of Sunda Strait, Lombok Strait, Makassar Strait, to the Triborder area between Indonesia, the Philippines and Malaysia is an alternative path for world trade routes other than the Strait of Malacca. Singapore's intelligence report in December 2001, or post-tragedy September 11, 2001, which mentions the existence of a plan of attack
64 Data from Annual Report International Maritime Bureau: Storey, Ian (2008) “Securing Southeast Asia Sea Lanes: A Work in Progress”, Asia Policy No.6, p. 100. 38 on a US ship carrier by ship raises concerns about the safety of shipping through the Strait of Malacca. This information is claimed to come from the recognition of 13 people allegedly have links with Al-Qaeda. Information on US-owned vessel attack planes is also obtained by Indonesian and Malaysian intelligence.
However, tri-border security areas are considered vulnerable due to conflicts that occurred in Mindanao, Philippines and Poso, Sulawesi. This tri-border pathway is identified as the central path of light weapons illegal trading activity.
II.1.3.2. Weapon Smuggling
The second most common threat to the use of sea access is weapon smuggling, especially small and light caliber weapons. On the one hand, the State needs weapons including small arms for defense and security purposes. On the other hand, the misuse of weapons by a group of people, especially armed groups in conflict with the State, criminal organizations or even individuals, is the primary consumer of this illegal arms trade because it is not entitled to buy it formally requiring strict licensing verification related to the reasons for its use.
The practice of weapons smuggling cannot be separated from the market balance between demand and supply, the complexity of violent communal conflict and separatism requiring the supply of weapons on the one hand, and the lack of monitoring of the circulation of these weapons due to corrupt behavior of the security forces. In addition, transnational organizational crime groups involved in the practice of smuggling of drugs, people and piracy are the users or consumers of illegal arms sales to support the action. In Southeast Asia, this weapons smuggling route is commonly found in Aceh, Ambon, East Timor, The Golden Triangle and Mindanao. Especially in the territory of Indonesia, weapons smuggling allegedly occurred in many areas Tri-border Sea, 39
from General Santos, Tawi-Tawi, Sandakan, Tawau, Nunukan and Palu. General Santos and Tawi-Tawi are among the areas of conflict in Mindanao, while Palu65 is an access to conflict-prone areas in Poso. In addition, the results of the investigation of the bombers of the 2000 natal bomb mention the path of Johor, Tanjung Pinang and Batam as another lane of weapons smuggling66.
Chart 1. Weapon Smuggling Flow 67
Modus Operandi
Landing point Type of Weapon Transit area
Broker Role Factor: Effect Topography, profit, adaptation ability of smuggler
65 National Report by The Government of Indonesia on The Implementation on The United Nations Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons. 66 Ibid 67 Lihat Rangkuman “Jakarta Regional Seminar on Illicit Trafficking in Small Arms and Lights Weapons” yang diselenggarakan oleh Department of Disarmament Affairs, UN Regional Centre for Peace and Disarmament in Asia and the Pacific, 3-4 Mei 2000 40
Chart 1 above is a flow of weapons smuggling process that is important to identify and anticipate. This modus operandi involves landing point determination activities, the type of weapons required and the transit area. The role of weapons brokers is important to ensure availability of supplies due to strict manufacture and circulation of weapons. Manufacturers of weapons are usually monopolistic so that the "success" of this activity is largely determined by the existence of corrupt behavior from the party who has the producer's permit and the circulation permit. The conditions and characteristics of nature of the vast border area and the weakness of the State's security and control functions are a factor supporting the rampant smuggling activities of these weapons. Subsequently, the vulnerability of political, economic and socio-cultural constellations has contributed to the onset of violent conflicts in communities that often require weapons as security justification.
II.1.3.3. Human Trafficking
Human trafficking is defined by the United Nations in its supporting protocols: Protocol to Prevent, Suppress, and Punish Trafficking in Persons. Especially Women and Children (hereinafter referred to as Trafficking Protocol:
"... the recruitment, transportation, transfer, harboring or receipt of persons, by means of coercion, of abduction, of fraud, of deception of the abuse of power or a position of vulnerability The consent of paying for the consent of a person having control of another person, for the purpose of exploitation. "
Based on data of Criminal Investigation Police Headquarters, the data of human trafficking cases in Indonesia are increased with the following
41 description: in 2009 there were 142 cases; In 2010, 105 cases; And in 2011, 126 cases. While in 2013 based on data from the International Organization for Migration (IOM), reports on human trafficking (human trafficking) amounted to 1045 cases. The location of human trafficking occurred mostly in East Java, West Java, Gorontalo, Riau and East Kalimantan. Based on analysis conducted by Larsen, Andrevski and Lyneham (2013) it is known that as much as 71% or about 2179 Indonesians who become victims of human trafficking (human trafficking) experienced a salary detention or unpaid salary. In addition, as many as 950 people from 2115 people who are victims of human Trafficking has debts for recruitment costs, as many as 643 of those 2115 have borrowed transportation and document maintenance costs; And the rest have debts for accommodation costs.
Furthermore, based on data from the International Organization of Migration (IOM), it is stated that in Indonesia there are four victims of human trafficking from various countries, the victims of Indonesia must be more than one person, and the recruiters are informal actors Who personally has a closeness as a spouse, family members, neighbors or friends.
II.1.3.4. Commodities Smuggling and Fish Theft Problems Discourses
The length of the Indonesian coastline reaching 81,000 km and the weakness of the security control in the sea border area are the 2 main factors causing the rampant smuggling of goods by sea based on data from various sources. Boxes 1 and 2 below illustrate the potential state losses due to smuggling actions via maritime borders and other potential marine resources for strengthening the country's economic
42
sector68.
In addition to the issue of sea-based smuggling, the 2008 Indonesian White Paper Defense identified fish washing as one of the priority non- traditional security threats. Various media coverage of foreign fishing allegedly conducting fish theft practices often dominate the discourse of discourse on the problem of fish theft. The flagged vessels of China, Thailand or Vietnam were reportedly arrested by marine patrol officers, both the Navy, Water Police, and Coast Guard and Coastal Union (KPLP) from the Department of Fisheries and Marine Affairs. In fact, in an occasion the Indonesian Minister of Foreign Affairs expressed Indonesia's commitment to overcome this fish theft problem69. Fish theft practices are considered to have threatened the interests and economic security of Indonesia.
The Ministry of Fisheries and Marine Affairs said the potential loss rate due to the practice of fish theft in the maritime territory of Indonesia is around Rp 20 trillion to Rp 40 trillion per year70. The Fisheries Department of the 1980s mentioned that the potential of exploitable marine uses fish, shrimp, squid and crab about 6 million tons per year without damaging the survival of the marine ecosystem. However, statistical data related to the calculation of the real potential of fish in the region of Indonesia is considered problematic by a number of experts71. The study of a maritime biologist Tatang Sujastani, for
68 Arif Nasution, (2005) Isu_Isu Kelautan: Dari Kemiskinan Hingga Bajak Laut. Yogyakarta: Pustaka Pelajar 69 Menlu Minta Aparat Tegas Terhadap Pencuri Ikan Illegal, Tempo interaktif, http://www.tempointeraktif.com/ hg/nasional/2008/05/02/brk 20080502122373.id.html 70 Kerugian Akibat Illegal Fishing Mencapai Puluhan Trilyun, KontanOnline, http://www.kontan.co.id/index.php/bisnis/news/13575/Kerugian_Akibat_Illegal_Fishing_Mencapai_P uluhan_Triliun 71 Pujo Semedi (2003) Close to The Stone, Far From The Throne. Yogyakarta: Benang Merah 43
example, states that in the early 1980s, areas rich in fish potential, the Malacca Strait and the Java Sea have been overfishing72. The approach that has been done to overcome the problem of poverty in the coastal fishermen community is the root of the problem of the practice of smuggling of goods and fish theft is through the modernization of fishing equipment73. It is not impossible that this action is the cause of overfishing resulting in decreased fishing results, not the inability of the means to catch fish. Whereas price disparity and economic incentives can be an opportunity for smugglers to make a profit. The arrival of foreign-flagged ships is not impossible because of the endless factor of fish stocks in their territorial territory, not merely the motivation of systematic thefts because of course the fishing areas that further require greater production costs. The problem of fish theft is closely related to the problem of sea biota balance and economic impulse.
72 Tatang Sujastani (1981) “The State of Indonesian Marine Fishery Resources Exploitation”, Indonesian Research and Development Journal Vol.3 No.1. Jakarta: Institute of Agricultural Research and Development dalam Pujo Semedi (2003) Close to the Stone, Far From The Throne. Yogyakarta: Benang Merah 73 Lihat Lihat Pujo Semedi (2003) Close to the Stone, Far From The Throne. Yogyakarta: Benang Merah; Kusnadi (2002) Konflik Sosial Nelayan: Kemiskinan dan Perebutan Sumber Daya Perikanan. Yogyakarta: LKiS; Wahyuningsih, dkk (1997) Budaya Kerja Nelayan Indonesia Di Jawa Tengah. Jakarta: Departemen Pendidikan dan Kebudayaan; Arif Nasution, dkk (2005) Isu‐Isu Kelautan: Dari Kemiskinan Hingga Bajak Laut. Yogyakarta: Pustaka Pelajar. 44
CHAPTER III
Weapon Smuggling In the Region and Indonesia
III.1 Weapon Smuggling
Weapon smuggling as a form of transnational crime has an effect on the security threats of individuals, groups, communities or States. Moreover, the motivation of individual weapon ownership is originated from individual security threat that cannot be solved or protected by the government or the State through its security apparatus. In other words, that individual security as a citizen's human rights is not granted and guaranteed by the State.
Meanwhile, the rapid and complex development of globalization has implications to the emergence of various transnational crimes and its perpetrators. This leads to the increasing complexity of world security threats in every country, as well as the increasingly difficult efforts to overcome it.74 The study of security and international relations after the Cold War showed the huge role of non-state actors, who will compete with state formal actors, that international relations become less simple to analyze.
From the perspective of political economy, weapon smuggling deals with various economic or business motives to seek for financial gain of individuals and groups, in addition to the political interests of groups arguing for independence, secession and rebellion, or defending against threats of opponent. In this context, the weapon trading market is related to the development of situation in conflict areas around or away. Technological advances facilitated by globalization have led to
74 Robert Harvey, Global Order, Carrol and Graf, 2003. 45 various forms of weapon smuggling operations to far-away areas, which are even more ideal for this activity, as it becomes increasingly difficult to prevent and overcome, especially if security forces in the threatened countries are very limited in equipment and abilities.
III.1.1. Definition of Smuggling Smuggling is a complex issue for the Government of Indonesia, especially as a developing country, because it that can involve the national aspects of ideology, politics, economy, social, defense and security. Especially in the field of economy, smuggling will undermine the economic/trade and monetary order of the country, especially for the actively developing country where the state revenue needed for development is derived from the sustaining and steady domestic and foreign trade activities, not undermined by smugglers resulting in the market destruction, due to unhealthy competition, the death of reliable and honest companies, destruction of domestic industry, increasing unemployment, and disruption of security.75
According to Customs and Excise, definition of smuggling is the practice of importing and discharging goods outside writerized ports that have been designated and not complying with customs, taxes, and import duties. The smuggling crime is one of the most classic forms of trans-border crime that has never been addressed properly. So basically the activity of smuggling is the process of importing or discharging goods to or from a country in an unwriterized manner or violating any prevailing laws or regulations.
Various method and ways have been used by smugglers to be able to enter or remove goods into or out of the country. Starting from land, air to waters (sea and river) transportation. This is a serious challenge for border
75 Direktorat Jenderal Bea dan Cukai, Pertumbuhan & Perkembangan Bea dan Cukai Dari Masa ke Masa – Jilid II, Penerbit Yayasan Bina Ceria, Jakarta, 1995 p.60. 46 guards. The crime of smuggling has caused a lot of losses, both for the country of origin and the destination country for goods smuggling. In addition to material losses, there is also the potential loss of immaterial, namely the destruction of the domestic market due to the flood of illegal products, and the circulation of illegal goods that endanger the community.
Indonesia is particularly vulnerable to transnational crime, especially smuggling. Thousands of smuggling cases occur every year. Every month the state loss is estimated to be hundreds of billions and even trillions of rupiah. This is because Indonesia has a very strategic geographical position in the world trade route (Indonesia has 4 straits which become the main route of world trade traffic such as: Strait of Malacca, Sunda Strait, Lombok Strait and Makassar Strait. By the increase of smuggling in this country, its widespread are getting severe and its eradication efforts are harder. The global economic crisis affecting economic problems in the world's countries is also suspected to be the main trigger of smuggling cases. Indonesia as developing countries is the main target of syndicates to enter prohibited goods or deliberately smuggled to avoid taxes and import duties.
In addition to the weakness of security, economic and educational factors are also very influential. Education and economy level of population in border area is relatively low, due to difficult access, thus the development activity in all fields is not performed optimally. The past Indonesian government policy has also become one of reasons for the less development of border areas in social and economic fields. The government prioritizes the handling of security issues in the border areas, so that social and economic problems are marginalized. This causes the border area residents to be easily tempted by goods from neighboring countries that are relatively easier to obtain due to easier transportation and relatively more affordable prices.
47
In addition to illegal economic activity, other illegal activities related to political, economic and security aspects also occur in marine border areas such as weapon smuggling, ammunition and explosive substance. This illegal activity is well organized that it needs good coordination and bilateral cooperation to solve.76
III.1.2. Factors of Weapon Smuggling Activities Weak of law enforcement is exacerbated by weak coordination among writerities in preventing and handling cases that are challenges for archipelago country as Indonesia. Such conditions are faced by Indonesia in responding to the problem of weapon smuggling. Lack of sensitivity to the threats from the sea and the development of marine sector has opened up opportunities for various forms of transnational crime.
The rise of conflicts in various regions, especially separatists and sectarianism since political reforms happened in 1998, has also promoted the sale and purchase of smuggling business, including those from smuggling activities. A growing sense of insecurity in the community following the monetary crisis, has increased demand for firearms by conflicting parties in the conflict-affected areas. The striking different price between official and illegal weapon, lack of control or supervision over the circulation and use of smuggled weapon, and weak control of firearm ownership increasingly add to the factors or motivation of weapon smuggling.
From the former conflict area of separatism in Aceh, for example, the price of a firearm is once traded at a high price, about Rp 30-40 million each.77
76 “Kawasan Perbatasan: Kebijakan dan Strategi Nasional Pengelolaan Kawasan Perbatasan Antarnegara di Indonesia”, Bidang Pemberdayaan Masyarakat dan Penanggulangan Kemiskinan, BAPPENAS, http://www.bappenas.go.id 77 Ismoko Widjaya dan Eko Huda S, “1000 Pucuk Senjata Eks GAM Masih Beredar,” Vivanews, 25 September 2010, http://nasional.vivanews.com/news/read/179511-30-persen-sen-jata-ek.... 48
When the conflict is over, they try to sell their weapon back to anybody, to get the money back. The price gap between smuggled and local weapon at the time of conflict in many areas has prompted the rise of weapon smuggling cases. When Aceh conflict is heating up, for example the price of an illegal firearm AK-47 rifle barrel reaches Rp 40 million. Whereas in the black market of Mindanao, Southern Philippines, the price is only about Rp 5 million.78
The past weapon smuggling cases occurring through North Sulawesi waters bordering the southern Philippines are difficult to separate from issues of poverty and hard conditions of fishermen in general. Economic motives have urged them to bring everything from the unstable region of the neighboring country to the turbulent region of Indonesia. Similarly, the security apparatus also find another motive, the ideological struggle, by weapon brought directly by members of radical groups who already had strong networks with similar groups in the southern Philippines. The modus operandi for these two different motifs is the same, by, using small boats by layover or using cruise line through many small islands spread at the northern of North Sulawesi waters between Sangir, Talaud, Marore and Miangas.79
Weapon smuggling cases from southern Philippines to Maluku province, at the time of horizontal conflicts in eastern Indonesia, are motivated by the sake of war or defence for both conflicting parties, including the Red (Christian) and the White (Muslim). Furthermore, third party use it for the advantage of freely traded weapon in many black markets in the Southern Philippines. Buyers can come directly to the adjacent neighboring countries that are conflict areas. While the third party can use the intermediaries of
78 Nezar Patria, Suryanta Bakti Susila, Iwan Kurniawan, “Membongkar Jejak Senjata Teroris,” Viva News, 24 September 2010, http:/sorot.vivanews.com/news/read/179459-melacak-jejak-senjata-haram. 79 Poltak Partogi Nainggolan, Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908, p.470 49
traditional fishermen who have controlled the territorial waters around, by using their small boats.
North Maluku Province that inherited fragmented community conditions in religion, ethnics and stigmatizing groups and residence locations (on different islands, for example, between Ternate and Tidore), and the suspicion inherited from the time of the Dutch colonialism with its dividing politics (devide et impera), is very vulnerable for high conflict potential, which can be triggered by many things, including dissatisfaction to the central and local government, results of elections, alcohol circulation, and even trivial issues, such as individual fight among citizens.80
Indonesia's archipelagic geographical region is a favorable factor for the easy weapon smuggling. This is due to the difficulty of the police or military in monitoring the terrestrial and vast sea areas, while the facilities provided by the government is still very limited or minimal so that the purpose in maintaining the security of the Indonesian territory cannot be realized effectively and efficiently.
III.2 Weapon Smuggling In the Region and Indonesia
III.2.1. The Overview of Weapon Smuggling Activities in Southeast Asia Southeast Asia is a very strategic area to be viewed from its geographical location where this area has abundant natural and human resources. Current transnational crime has become a serious threat to global security and prosperity. One of the transnational crimes disturbing the country's security and stability is weapon smuggling. The country's borders in the Southeast Asia region are dominated by maritime boundaries. This makes it
80 Nainggolan, loc.cit. p. 472 50
easier for weapon smugglers to carry out their activities because the marine areas guarding and security cannot be held optimally as performed on land.
The boundaries in every country are less visible as globalization has grown rapidly and diminished the sovereignty of countries in Southeast Asia. Globalization gives a significant influence for the existence of this region ranging from political issues to national security. The transnational crimes prevalent in the region have disrupted the security and sovereignty of each country in Southeast Asia with quite worrying cases that threaten the stability of the region's security. Trans-national crime is usually encouraged by a group of criminals from a domestic areas of Southeast Asian countries to greater international crime groups.
Sectarian conflicts between societies and separatist are prevalent in Southeast Asian countries such as Philippines, Indonesia, Myanmar and Thailand. In the Philippines there are several separatist movements, such as MNLF (Moro Nation Liberation Front), MILF (Moro Islamic Liberation Front), and ASG (Abu Sayyaf Group).81 Spain that once colonized the Philippines has succeeded in incorporating Christianity in the Philippines. The Christian community became dominant then, while the Moro people as Moslems is minority and marginalized. This is further exacerbated by assimilation policy of the Philippine government through the construction of schools and public facilities, making English as the learning medias for Christians to be integrated into the Moro community. The rules made by the government are also based on Christianity. It was make the Moslems form separatist movement against the government.
81 http://www.bbc.com/news/world-asia-17038024 51
Struggling with minorities and marginality, the separatist movement in Thailand is also based on one of the group. The Thai government seeks to use assimilation, establishing Thai-Buddhism as a national culture. The Pattani community which in fact is a Malay-Islamic society must also implement the policy. Compared to Thai-Buddhist and Thai-Chinese society, Malay-Islamic or Thai-Islamic societies they do not have good facilities and education. Separatist movements in Thailand emerged around the 1970s, such as PULO (Pattani United Liberation Organization)82, Islamic Liberation Front of Patani and National Revolutionary Front.
In Indonesia, there are separatist conflicts such as those occurred in Aceh, Maluku and Papua and inter-religious conflicts occurred in Poso and Ambon. Conflicts occurring in this area are often repeated. The Indonesian government is still on alert at any time if the conflict occurs again.
Perpetrators of the conflicts mentioned above certainly need the media to support their actions in the form of weapon. Disputes occurred between communities or communities and the government. These conflict actors use weapon imported from anywhere. Almost all weapon used are the result of smuggling, due to its availability and cheaper price of smuggled weapon.
Thailand is one of countries as source of illegal weapon carried out to Indonesia which is then used by separatist groups such as GAM in Aceh. In 2003 President Megawati Soekarnoputri asked to the Thai government in order to strictly monitor weapon smuggling aimed to GAM. In addition to weapon smuggling, Southern Thailand houses ravaged GAM members and often buys
82 http://www.oxfordislamicstudies.com/article/opr/t125/e1836 52
illegal Cambodian war weapon at low prices which will later be sent to other GAM members in Aceh.83
The Malaysian High Court sentenced dead penalty to an Indonesian citizen in 2005 to a gunrunning and ammunition case. The deed is done by Umar Chipto Sumarto in July 2001 on Makaru Makmar board in Malaysian waters. The smuggled weapon are believed to be used in Ambon, Maluku. In court decision reading, Judge Linton Albert stated that the court must take firm action to prevent Malaysia from becoming a paradise or transit point for weapon smugglers, which will be used to cause a chaos in neighboring countries.84
The Southern Philippines has long been a heaven of cheap weapon for perpetrators of crime such as terrorists and separatist groups of a country, especially Southeast Asian countries. During the administration of President Megawati Soekarnoputri, a Philippine official said that firearms are smuggled much from the southern Philippines to conflict areas in Indonesia such as Aceh and Papua.85 The Southern Philippines is a territory of conflict and a hotbed of terrorism. Many illegal weapon are being produced in the southern Philippines and then smuggled into neighboring countries that have conflict territories.
By the end of 2011, two Indonesian citizens have been arrested in Malaysia in connection with weapon smuggling case.86 It is allegedly linked to an international weapon smuggling network because it involves 3 countries namely Indonesia, Malaysia and Philippines. These two Indonesians worked with 10 Malaysian citizens and weapon producers in the Southern Philippines
83 Thailand Diminta Menekan Penyelundupan Senjata buat GAM, Liputan 6 News, May 2003, http://news.liputan6.com/read/55148/thailand-diminta-menekan-penyelundupan-senjata-buat-gam. 84 https://news.detik.com/berita/d-454064/selundupkan-senjata-wni-divonis-mati-di-malaysia 85http://perpustakaan.bappenas.go.id/lontar/file?file=digital/blob/F15558/Megawati%20Kunjungi%20 Vietnam%20dan%20Laos.htm 86http://nasional.kompas.com/read/2011/11/18/1508315/Dua.WNI.Masuk.Jaringan.Penyelundupan.Se njata.Internasional 53
who helped terrorist group of Abu Omar leave for Philippines and return to deliver firearms to Indonesia.87
In September 2016 the Custom Patrol of Padang Bai (custom) secured the Alami Indah ship in East Bali waters containing 30 tons of explosives. Initially the vessel is informed carrying a kind of ammonium nitrate fertilizer. However, it is known that the ammonia nitrate is mixed with other materials to be explosive. The 30 tons of ammonia nitrate is brought from Malaysia to Selayar Island, South Sulawesi, according to the crew.88
The cases of weapon smuggling above indicate that weapon smuggling activities actively occur in Southeast Asian countries, especially countries facing either sectarian or separatism conflict. Even today smuggled weapon are not just aimed at terrorists, separatist groups, groups in a war community, but also sold to anyone in need. In Indonesia itself there are so many cases of shootings from unknown origin of weapon. This indicates that ordinary people can easily obtain weapon either with the aim of criminal acts or to protect themselves.
III.2.2. Indonesian Regions as a Spot to Enter the Weapons from Outside III.2.2.1 Weapon Smuggling Through North Sumatra
In robbery case at Bank CIMB Niaga Medan that killed a policeman, the perpetrators used AK-47 and SS-1 type weapon. The perpetrators are suspected of being part of terrorists’ network from Aceh. Another type of weapon, is M-16 that is taken from local police officers.89 The
87http://nasional.kompas.com/read/2011/11/18/1508315/Dua.WNI.Masuk.Jaringan.Penyelundupan.Se njata.Internasional 88https://daerah.sindonews.com/read/1141309/174/penyelundupan-30-ton-bahan-peledak-dari malaysia-ke-sulawesi-digagalkan-1474515794 89 Fidel Ali Permana, “Perampokan Merajalela,” Media Indonesia, August 21, 2010, Bataviase.co.id, http//Batavia.co.id/node/35089. 54
link with this network of terrorism is revealed, and they named the group "Al-Qaidah Serambi Mecca."
Furthermore, the armed group's assault to Mapolsek Hamparan Perak, is linked to the robbery of Bank CIMB Niaga in Medan. In other words, there is a correlation or a series of actions organized by the same terror group. In addition, according to the Medan police force, the perpetrators used the same type of weapon, which is used in both places by smuggling mode.90
From the raid on the terrorist training camp in Lamkabeu, Aceh, the security forces managed to find a number of weapon originating from the Southern Philippines.91 Specifically, the waterways in the vicinity of the Philippines are very vulnerable to various forms of weapon smuggling. The problem is that perpetrators can use small local fishing boats to throw the weapon into the sea when they are spotted patrols by Indonesian security forces, the Philippines, or joint patrols. The territorial waters crossing the Sumatra Island are known to be the most densely populated in the world. Thus, the manufacture of 12 radar along the coast of Sumatra Island is not enough, moreover by relying on a US radar grant, which accounts for two thirds.92
Commander of the West Region Fleet Command (Pangkoarmabar), Rear Admiral Mualimin Santoso, on August 12, 2010 revealed that Indonesia has three points of vulnerable water territory, which are often used as weapon and explosive smuggling trails to support separatism
90 “Perampokan Bank CIMB Niaga Medan: Kapolda: Sumut Rawan Penyelundupan Senjata Api,”VHRmedia.com,http://www.vhrmedia.com/Kapolda-Sumut-Rawan-Penyelundupan-Senjata 91 “Kolaborasi Indonesia-Filipina demi Eliminasi Penyelundupan Senjata,” Media Indonesia, March 22, 2010, http://www.mediaindonesia.com/read/2…ndupan-Senjata 92 “Kolaborasi Indonesia-Filipina demi Eliminasi Penyelundupan Senjata,” Media Indonesia, March 22, 2010, http://www.mediaindonesia.com/read/2…ndupan-Senjata 55
and terrorism.93 The three vulnerable points are the Singapore Strait, the Malacca Strait and the Sunda Strait, most of the smuggled weapon used so far to support separatist movements in Aceh. Thus in Sumatra, especially the province of North Sumatra, is a vulnerable region to weapon smuggling because the location is surrounded by the three Straits. During this time, from various acts of blocking territorial waters of Aceh which has been implemented by the force of the Navy, the marine security apparatus has captured many foreign fishing vessels, especially in the waters of Malacca Strait and Singapore Strait, caught carrying a number of weapon. As stated by Pangkoarmabar, from a number of confiscated evidence, recent weapon smuggling and some explosives through sea routes from other countries to Indonesia tends to increase.
III.2.2.2 Weapon Smuggling Through Riau Islands
Province of Riau is one of Indonesia's gateway to foreign countries which is very vulnerable to weapon smuggling cases, due to the position of the islands are widespread and remote, so many "rod paths" are difficult to be monitored by the security forces. The total area of the Riau Islands is 252,601 km2, comprising 95% of the oceans,94 whose borders are surrounded by neighboring countries, such as Vietnam, Cambodia, Singapore, Malaysia and Brunei Darussalam. The Riau Islands are also bordered by seas and straits, namely the South China Sea, the Malacca Strait and the Karimata Strait, with as many as 40% of the 2,408 large and small islands unnamed, particularly vulnerable to security threats coming from outside the region, including weapon
93 “Tiga Titik Perairan Indonesia Rawan Penyelundupan Senjata Api,” Kementrian Pertahanan RI, http://www.dephan.go.id/modules.php?name=News&file=articles&si… 94 Website resmi pemerintah Provinsi Kepulauan Riau, http://www.kepri.go.id, 56
smuggling. The Natuna Islands, is one part of the Kep.Riau Province region, which is rich in natural resources and the sea, in addition to being highly strategic, as well as vulnerable to the utilization of marine activities that are contrary to the law and the national interest.
According to sources from the Ministry of Defense, the Singapore Strait, Malacca Strait, and the Sunda Strait are vulnerable points that are often reported as a source of weapon smugglings and explosives. When separatist conflicts peaked in Aceh, the Navy has overseen weapon smuggling by foreign fishing vessels in the waters of the Strait of Singapore and the Malacca Strait, which is thought to be brought to the Veranda of Mecca to support the separatist movement of the Free Aceh Movement.95
The rise of smuggling cases, especially post-determination of Batam as a free trade area, and the vastness of islands along the coast that are difficult to control, but easily landed by ships from outside, making the territorial waters of Riau Islands Province very vulnerable to illegal economic activity or crime smuggling. Targeted for smuggling, not just drugs and used clothing, but also firearms and materials (fertilizers and other chemicals) that can be made as explosives, which can be traded or for worse purposes, such as terrorist activities by non-governmental actors.
95Ismoko Widjaya, “Titik Panas Indonesia-Malaysia,” Vivanews, http:/wap.vivanews.com/news/read/171252, August 16, 2010 57
III.2.2.3 Weapon Smuggling Through Soekarno-Hatta International Airport
The Soekarno-Hatta international airport is also a targeted and transit area for weapon smugglings and explosives. The location of the airport in the center of the archipelago makes it attractive to smugglers of fireweapon and explosives, as it facilitates access to its spread, to areas where end-consumers live. During 2010, for example, according to Kapolres Bandara, Kombes T. Sihombing, police have handled 17 cases related to fireweapon, softgun water, and live ammunition.96 Of the cases, including the case of 105 sharp bullet size 9mm type of luger liier and belot with a suspect a Malaysian. In addition, the findings of smuggling fireweapon type pietro bareta original American made caliber 45mm. Both types of findings are the search of airport security officers from passengers arriving at Soekarno-Hatta airport.97
III.2.2.4 Weapon Smuggling Through Philippines Routes
The waters of southern Philippines-North Sulawesi are known as long lines of weapon smuggling. While some parts of Indonesia in the West, Central and East are in turmoil at the beginning of the reform era, the waterways are widely used to include firearms. Eight suspected weapon smugglers, all of whom are North Sulawesi residents, have been arrested by the Sangihe Talaud police station. They tried to get firearms from General Santos City, Southern Philippines, to North Sulawesi. The weapon smuggling can be immediately acted upon by the community reports in Bitung and Sangihe Talaud Ports. Based on the
96 Ayu Cipta, “Polres Bandara Soekarno-Hatta Tangani 17 Penyelundupan Senjata Api di 2010,” Tempo Interaktif, http://www.tempointeraktif.com/hg/kriminal/2010/12/31, December 31, 2010 97 Ibid. 58
suspect's acknowledgment, the firearms will be sent to Maluku due to certain party orders.98
Prior to the successful arrest, it is rumored that there had been weapon being sent illegally.99 Mindanao Line (Southern Philippines) - North Sulawesi is known to be vulnerable to criminal acts of weapon smuggling. When conflicts reverberated in the southern Philippines and Indonesia, firearms became an attractive commodity traded in the black market. Due to the conflict in their home area, many residents settled in South Mindanao, on Balud Island and Saranggane, then returned to Halmahera with the weapon.
For a long time in the southern Philippines, firearms are freely traded but since the mid-1980s, the Philippine Government has curbed them.100 In addition, the ongoing trade is illegal firearm. To stop the activities of weapon smuggling networks, North Sulawesi Regional Police cooperates with the Government of the Philippines through its Consulate General in Manado City. The former Philippine ex-police general has made it easier to cooperate to stop smuggling through the border areas of both countries. The North Sulawesi Provincial Police's determination that driven by efforts to curb the conflict in Maluku, has significantly assisted efforts to combat weapon smugglings.101
There are still acts of terrorism by non-state actors, such as in Poso, Central Sulawesi, weapon are still needed for smuggling. That's why
98 Landy Wowor, “Senjata Selundupan: Senjata Lewat Jalur Lama,” Gatra, No. 18/VI, 18 Maret 2000: http:www.gatra.com/VI/18/NAS2-18.html 99 Ibid. 100 Ibid. 101 Poltak Partogi Nainggolan, Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908 p. 460
59
Lantamal has planned to build a naval base (lanal) in the outer border waters (with the Philippines), namely in Melonguane, in Talaud Islands District. This step is considered important to bring closer border control. So far, Lantamal VIII has difficulty in coordinating supervision for outer border waters through Manado, particularly for securing the Talaud Sea region bordering the Southern Philippines.102
Due to the weak mentality of state officials keeping security in the area of the waters, some elements of discipline violation are still encountered, the waterway area on the border of the South Philippines to North Maluku Province is still vulnerable from weapon smuggling activity.103
Not only in the wartime of independence (World War II) and thereafter, even today, Indonesian independence heroes and warriors as well as Indonesian maritime security forces have limitations to control the waters and ranks of islands scattered in the northern provinces of North Sulawesi and Maluku. No wonder in World War II and efforts to defend the independence of Indonesia, the perpetrators of separatist movements and colonizers and foreign countries, it is difficult to prevent entry into this region to master it.
III.2.3 The Origin State of the Weapon Police Headquarters has attempted to conduct initial investigations on the smuggling country of origin. As stated by Deputy Head of Public Relations Division of Police Headquarters, Brigadier General Soekarno D. Ardanto, that from the cases handled by the Police Headquarters, the smuggled weapon are
102 “TNI AL Bangun Pangkalan di Melonguane,” Kompas, 19 Juli 2011 103 Poltak Partogi Nainggolan, Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908 p. 461 60
identified to come from Thailand. Buyers carrying illegal firearms into Indonesia commonly make their transactions in the Adang Island Waters, Thailand.104
Southern Thailand has been identified as a source of smuggled weapon, given its proximity to the waters boundary of Indonesian outer islands. For the Thai government itself the region is still hard to control by its security apparatus until today because it is the basis of separatist movement, which has not been fully controlled by the government. In addition, Southern Thailand is also close to Cambodia, a country that has recently completed a civil war and prolonged conflict, resulting in many ex-conflict weapon out of domestic government control and being trafficked.
In the ex-conflict areas of both Aceh separatism and the ex-sectarian conflicts of Maluku and Poso, the weapon circulation and used by the conflicting parties, including those used against security forces comes from the same source namely Southern Thailand, Southern Philippines and Cambodia. Head of Public Relations Division of Police Headquarters, Inspector General Iskandar Hasan, who had visited to South Thailand region, indicated the great possibility of weapon from the region to be used by former conflicting parties to trade for financial gain.
Archipelagic and deep-seated territories have made it difficult for domestic security forces and other countries difficult to reach and control them, but otherwise ideal for smugglers because they are interconnected with the outer islands of Indonesia and rare from cross-country security patrols.
For illegal weapon entering through the Southern Philippines, the case continues after separatist and communal (pri-mordial) conflict in Aceh, Poso
104 Poltak Partogi Nainggolan, Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908 p. 465 61
and Ambon. On 5 July 201, anti-terror police is reported to arrest 7 suspected people of their involvement in a weapon smuggling network and trade supplied through Tawau (Malaysia), Nunukan, East Kalimantan, Palu and Surabaya.105 The perpetrators have been involved in terrorism crime in Surabaya and Jakarta. 2 people has been successfully arrested in Surabaya, and 5 people in Jakarta. There are 1 of M-16 type, 5 of FN type, and 1 of mitraliur as evidence of firearms confiscated in Surabaya, and 2 of M-16 type confiscated in Jakarta.106
In the northern waters of the Sulawesi, weapon smuggling is more vulnerable to enter through class IV ports around the outermost islands, like Marore, which directly connected to Southern Philippines, the supplier area.107 The southern Philippine crossroads to the outer islands in the north of the Sulawesi Archipelago are particularly vulnerable to use as a crossroads of weapon smuggling and radical groups transit in Indonesia during their terrorist activities with their already established and widespread network in Southeast Asia.108
Illegal light weapon from the Philippines is sent to Aceh in addition to be sent to eastern Indonesia that has communal conflicts, such as Poso and Maluku. Illegal light weapon circulating from both conflict areas are from the Philippines smuggled by sea, commonly through Miangas Island on the Indonesian-Filipino border as a transit point. Other facts indicate that there are some areas in the Philippines such as Cebu Island that produce illegal light weapon and the multitude of illegal light weapon trade in the Philippines has not been separated from separatist movements since the 1970s.
105 “Dibongkar Jaringan Pemasok Senjata,” Kompas, July 6, 2011. 106 Ibid. 107 Poltak Partogi Nainggolan, Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908 p.467 108 Ibid. 62
III.2.4 Effects of Weapon Smuggling Activities towards Indonesian Security Weapon smuggling as a form of transnational crime has an effect on individual, community and national security threats. Moreover, the motivation of individual weapon ownership is originated from the threat of individual security that cannot be solved or protected by the government or the State through their security apparatus. In other words, individual security as a citizen's human rights is not granted and guaranteed by the State. Indonesia as an archipelagic country with its geostrategic, geopolitical and geo-economic position, is vulnerable to weapon smugglings. Globalization and the increasing role of non-state actors post-Cold War make it contributes to the threat within domestic security.
The similar interests of suppliers, sellers, intermediaries and buyers of illegal weapon has enabled their interaction. Anarchy and insecurity condition in the areas of smuggling destinations due to the conflict between people, groups (sectarians), or face to the ruling elite (separatist) has always been the target of the weapon smuggling perpetrators. Poverty, conflict, inter-group disharmony, vacuum of power, or local government incapability can explain the reasons why weapon smuggling affects individual, public, national and regional security. Limited security such as individuals and communities,109 will be threatened by weapon smuggling, even if the weapon illegally traded in smuggling activities are included in lightweight caliber. Meanwhile, national and regional security are threatened if the illegal weapon black market created through smuggling has spread widely and got larger including dangerous types
109 See logika dan relevansi keamanan individu dan keamanan masyarakat, Barry Buzan, People, States and Fear: An Agenda for International Security Studies in the Post-Cold War Era, New York, Harvester Wheatsheaf, 1991: 35-39. 63
of weapon such as rockets, grenades, bazookas, rocket launchers, grenade launchers and various types of heavy weapon and ammunition.
Since democratic transition happened in 1998, Indonesia's domestic security conditions have not been stable and secure enough. Local conflicts are easily triggered. It is not only a sign of unsafe circumstance of domestic security conditions, but also the large number of illegal weapon circulating in the community and has been used in various conflicts and crimes in the community. Separatist conflict in Aceh and sectarians in Maluku and Poso often reappear on the surface. In addition, crime in the society is getting increased because the types of weapon used are increasingly diverse.
The discovery of terrorist training in Aceh in March 2010 and their assault plan, calling themselves the "Al Qaidah Serambi Mecca" group, at Bukit Jalin, Jantho, Aceh Besar and their plan to attack the central government in Jakarta, - the source of the weapon they use. Then, in August 2010, an armed robbery incident at Bank CIMB Niaga Medan involving armed terrorist groups, has revealed their previous training and action plans.110 The incident alerts the unsafe domestic and national security from armed groups.
Then in September 2010, there is another attack by armed groups against Sector Police Headquarters (Mapolsek) of Hamparan Perak Deli Serdang, North Sumatra, which raises a question of how the group get the long- barreled weapon. This action is allegedly closely related to the previous case, after 3 people suspected as perpetrators of Bank CIMB Niaga robbery in Medan are shot dead by the police. The problem is not only the armed groups doing the terrors, but also the origins of their weapon, including AK-47, SS-1, and M-16.
110 See “Perampokan Bank CIMB Niaga Medan: Kapolda: Sumut Rawan Penyelundupan Senjata Api,” VHRmedia.com, August 19, 2010, http:www.Vhrmedia.com/Kapolda-Su-mu-Rawan-Penyelundupan- Sen… 64
Geostrategic, geopolitically, and geo-economically, Indonesian position is very important for many countries and parties but at the same time it makes Indonesia to be vulnerable target of various smuggling forms as one of transnational crime, as well as weapon smuggling.
65
CHAPTER IV
Indonesian Security Cooperation on Maritime Security to Cope With the Issue of Weapon Smuggling (2010-2012)
IV.1 Indonesia Defence Policy (Indonesian Defence White Paper)
Indonesia Defense White Paper 2008 is a comprehensive defense policy statement to be implemented in the implementation of national defense for 5 years since 2008. "Indonesia Defence White Paper 2008" which is one of the strategic products in the field of defense. The compilation of this book, made in the midst of an era of globalization, and the development of a volatile strategic context. Indonesia, a part of the world community, cannot circumvent the demands of those changes. Included in a number of rampant security issues that have implications for national life. Therefore, to face a number of security issues. The government carries out defense functions in the framework of upholding national sovereignty, maintaining the territorial integrity of NKRI, and protecting the nation's safety from any threats. From outside and within the country.
This book is a formulation of defense statements and policies as a guideline for the organization of state defense functions. The White Paper is expected to meet the needs of all levels of Indonesian society in a clear understanding of state defense policy. This book is also important for Indonesia in establishing international cooperation. Given, the attitude of openness, especially about state defense policy is one effort in order to build mutual trust with other countries.
A characteristic of the era of globalization is the frequency of interaction remains intensive. In that context, the involvement of state defense in the relationship 66 between countries will increase from previous times. The essence of the Defense White Paper is the Indonesian Defense Policy in managing national defense and the Indonesian view of defense in positioning itself in a global and regional context.111
Along with global developments that present the complex and complex threat of threats between military threats and non-military threats, it is recognized increasingly that state defense is not sufficiently approached from the military aspect alone. The approach of national defense in the future requires an integrated, non- military approach. Thus, the development of military and non-military defense must be carried out jointly so as to produce a strength and defense capability of the state that has a deterrent effect in maintaining the existence and integrity of NKRI.112
Global interaction Dynamic also has implications for national security challenges by addressing new security issues with dimensions of cross-border security threats. In recent years, the intensity of cross-border security threats shows quite significant numbers and has threatened the peace and comfort of human life.113 For Indonesia, cross-border security threats become a challenge to be taken seriously by using cross-institutional approaches, both military and military.
IV.2 Maritime Security Strategy Indonesia is an archipelago-shaped maritime country that two thirds of its territory consists of the sea. Therefore, the country is very concerned about security at sea. The sea is the lifeline of the Indonesian nation, both in politics, economy and security and defense. There are many attempts to combat illegal activities at sea, but they have not brought many results. For example, state losses due to the theft of fish
111 Indonesia Defence White Paper 2008 p.5 112 Ibid 113 Ibid p.7 67 in the sea reach billions of US dollars every year, not to mention smuggling activities, hijacking of ships and so on.
When examined, the efforts are being made by the government to tackle the threat of security at sea, it still use the old pattern and have not seen any new strategy. They still rely on facilities owned by the Navy that is the warships to patrol the sea, assisted by patrol boats from various non-military government agencies. On the other hand, the threat of security in the sea diverse forms, sources and sophisticated increasingly.
In the current era of globalization, maritime security means a priority agenda of the international community, and it is well understood by ASEAN also, which responds by establishing the ASEAN Maritime Forum. On the other side, there are ARF, APEC and bilateral cooperation such as: RI-Australia, RI-United States, maritime security issues are received very serious attention. Even at ASEAN Defense Minister Meeting + in Hanoi (Oct-2010), maritime security is gaining attention together with Humanitarian Assistance-Disaster Relief and Peace-keeping operations (PKO).
International maritime law expert, Prof Hasyim Djalal, said Indonesia should have maritime ocean (ocean policy) concept. Hashim is highlighted the government's less serious policy towards the development of maritime security issues. According to him, the government's attention is still low, although Indonesia as an archipelago country. "The government's attention to the sea is still low. In fact, we are the largest archipelagic country, "he said.114
The maritime security expert, Laksa TNI Purnawirawan, Robert Mangindaan explained maritime security issues that will be faced in the future, it still revolve around sea robbery and piracy, illegal fishing, trans-national threat, illicit trafficking of
114 http://www.pemudamaritim.com/2014/10/aspek-keamanan-maritim.html 68 weapons of mass destruction and related materials, territorial violations, maritime traffic associated with separatist movements and most likely the threat of maritime terrorism. It is also estimated that the threat will increase as measured by the intensity, use of advanced technology and the development of modus operandi.115
Meanwhile, the Defense observer from LIPI, Jaleswari Pramodhawardani reminded Indonesia's challenge as an archipelago country in the era of globalization. According to him, the definition of defense and maritime security so far no one is defensive. Such as: UN and ASEAN Maritime Forum definition. "To anticipate the development of globalization, as an archipelagic country, Indonesia needs a maritime strategy in the form of Ocean Policy, which Indonesia has not been completed until now" he said.116
In contrast to the land dimension, the seas are interconnected with one another throughout the world. Therefore, maritime security threats in other parts of the world can also occur in Indonesian waters, which distinguish them only in terms of their intensity and volume, while the actors, means and modus operandi can be the same. In addition, transnational crime does not recognize borders and maritime areas.
Based on this, maritime countries in the world to monitor or cope with maritime security threat cannot be done by one country even more non-traditional security threats that are trans-national issues which involve more than 1 country. Cope with these countries should establish cooperation between countries both bilaterally and multilaterally. Especially, for the countries of Southeast Asia (and ASEAN Plus) where Indonesia participates, it has approved various organizations in the field of security, security forum and forum of ASEAN ASEAN discussion forum, Forum of ASEAN Defense Minister and ASEAN Political and Security Council.
115 http://www.pemudamaritim.com/2014/10/aspek-keamanan-maritim.html 116 Ibid. 69
IV.3 Indonesian Security Cooperation on Non-Traditional Security (Trans-National) Issues
Global security conditions are characterized by the increasing intensity of asymmetric security threats in the form of cross-country security threats. Acts of piracy, smuggling of weapons and explosives, smuggling of women and children, illegal immigrants, illegal logging, hazardous and toxic waste (B3), narcotics and drugs (illegal drugs), trafficking and fish theft are the most prominent threats of cross-border security in the last decade.
The escalation of these cross-border security threats has affected the global security and defense policies of the major powers that put these issues as a common security issue. For Indonesia, cross-border security threat has been very detrimental to national interests and therefore a priority to be addressed, it is including in cooperation with a number of friendly countries.
Research objective of this thesis preparation is “to know the security cooperation that Indonesia implemented on maritime security issues as particularly weapon smuggling activity”. After conducting research, the writer found that the strategy that taken by Indonesian government is conduct security cooperation or maritime cooperation to address weapon smuggling, however Indonesian government consider that the intensity of its activities is not as significant as other Tran-national crime such as illegal fishing and drug smuggling. So that weapons smuggling is still being responded in the policy for trans-national crime in general in security cooperation with other countries. Indonesian government is cooperating with several Southeast Asian countries to minimize weapons smuggling activities.
70
IV.3.1 Bilateral Cooperation: IV.3.1.1 Indonesian Navy and Philippine Navy
In April 2010. There’s some action for stop arms smuggling, TNI AL and AL Philippines done coordinated operation. KSAL Admiral Agus Suhartono told reporters in Jakarta keep weapons traffic congestion; Indonesia and the Philippines always had elements patrolling there. There was a joint patrol, a coordinated patrol between the Navy and the Philippine Navy. It was also an attempt to anticipate weapons originating from the Philippines.117
IV.3.1.2 Indonesia and Australia
Indonesia is also working with the Australian Government as embodied in the Memorandum of Understanding between the Government of the Republic of Indonesia and the Commonwealth of Australia Government on Countering Transnational Crime.
This collaboration is based on both parties who are aware of the increasing threat of complex transnational crime that requires international cooperation to cope effectively. Indonesia and Australia have decided together to continue and enhance existing cooperation in the form of technical cooperation in the field of intelligence information exchange, joint operations and others.
This memorandum of understanding is intended to provide a basis for the existing cooperation efforts between the two parties in the prevention of transnational crime. The objective is to establish a basic
117 Kolaborasi Indonesia-Filipina demi Eliminasi Penyelundupan Senjata http://beritahankam.blogspot.com/2010/03/kolaborasi-indonesia-filipina-demi.html 71
framework and to continue the existing cooperation between the two parties in the handling priority types of transnational crime. There are some types of transnational crimes that will be handled together118:
1. Terrorism, 2. Trafficking in narcotic drugs and psychotropic substances, 3. Human Trafficking, 4. Money Laundering, 5. Cybercrime, 6. Weapon Smuggling, 7. International economic crime, 8. Corruption, 9. Illegal fishing, 10. Sea piracy, 11. Environmental crime
IV.3.2 Multilateral Cooperation: IV.3.2.1 ASEAN Ministerial Meeting on Transnational Crime (AMMTC)
ASEAN Ministerial Meeting on Transnational Crime (AMMTC) is a ministerial-level meeting specifically addressing transnational crime issues in ASEAN. The AMMTC meeting was first held in 1997. AMMTC is the decision-making body for senior-level mechanisms under its coordination, it’s including ASEAN Senior Officials' Meeting on Transnational Crime (SOMTC), and ASEAN Directors-General of
118 http://www.interpol.go.id/id/uu-dan-hukum/mou/australia/228-penanggulangan-kejahatan-lintas- negara-dan-pengembangan-kerjasama-kepolisian 72
Immigration Departments and Heads of Consular Affairs Divisions of Ministries of Foreign Affairs Meetings (DGICM). There are 10 types of transnational crimes that became AMMTC / SOMTC's priority cooperation areas were119: 1. Terrorism, 2. Trafficking in narcotic drugs and psychotropic substances, 3. Human Trafficking, 4. Money laundering, 5. Arms smuggling, 6. Sea piracy, 7. International economic crime, 8. Cybercrime, 9. People smuggling, 10. Wildlife and timber trafficking.
ASEAN is also actively engaged in cooperation with ASEAN Dialogue Partners in efforts to eradicate transnational crime. The cooperation is contained in various joint declarations, memorandum of understanding (MoU), plan of action (PoA), and work plan covering various initiatives and cooperation projects. At AMMTC level, ASEAN has AMMTC + Dialogue Partner Consultation dialogue mechanisms each with PRC, Japan, and Plus Three (PRC, Japan, Republic of Korea (ROK)). Meanwhile, at the SOMTC level, ASEAN has SOMTC + Dialogue Partner Consultation dialogue mechanisms with China, Japan, ROK, Plus Three, the United States, the European Union, India, Australia, Russia, New Zealand and Canada.120
119 http://setnas-asean.id/asean-ministerial-meeting-on-transnational-crime-ammtc 120 Ibid.
73
IV.3.2.2 ASEAN Maritime Forum
The other efforts, Indonesia are succeeded in organizing the first ASEAN Maritime Forum (AMF) in 2010. The organization of this forum has been established within the ASEAN Political and Security Community Blueprint, which of course is a recognition of Indonesia's efforts to seek and formulate modalities in defining ASEAN cooperation and cooperation in the related Maritime field.
The first ASEAN Maritime Forum addressed a range of Maritime- related issues such as maritime connectivity. The key issues discussed in this forum are maritime security issues. Globally countries are facing a non-traditional security threat, which has spread across the globe, including around the waters of Southeast Asia. The threats are manifested in transnational crime, such as arms smuggling and illegal drugs, Human Trafficking, illegal fishing and illegal logging. Southeast Asian countries are competing with very fast and aggressive criminals in exploiting the lack of oversight capabilities in the border region due to the vast maritime territory.
74
CHAPTER V
Conclusion
The systematic preparation of a concept of maritime security of each country is not same, because the factors in it are different and adapted to the conditions and geographical situation and the political system of the country. The goal of maritime security should be emphasized, which should be in line with the existing national defense policy and should not deviate much less contrary to it.
Considering that maritime security threats are not always self-sustaining because the seas are related to each other, the maritime power must be able to accommodate the implementation of joint operations with other dimensions and joint operations with other countries. The concept of the maritime security to be conceived must be clearly established in the national decision-making paradigm.
Unlike the land dimensions, the sea dimensions are interconnected with one another throughout the world. Therefore, threats to maritime security in other parts of the world can also occur in Indonesian waters area, which distinguish them only in terms of their intensity and volume, while the actors, means and modus operandi can be the same. In addition, transnational crime knows no boundaries of country and maritime territories. Based on this fact, maritime countries in the world realize that to combat or overcome the threat of maritime security cannot be done by one country only, but must be done jointly in the form of cooperation between countries.
However, the multilateral and bilateral cooperation is generally only listed on paper and still requires hard work to make it happen in the form of mobilizing forces in the field. How the operational management, the rules of engagement, the area of
75 operations, logistical support, and the means (power) used, still need to be arranged in order to run well and achieve the specified goals.
95 percent of the world's trade economy is done by sea, so the security and safety of the sea must be constantly maintained. Along with the understanding of globalization, democratic system and the openness communication and information currently, the threat level in terms of quantity and quality to maritime security is increasing as well. Indonesia's geographic position that in the cross world position is very vulnerable to this threat, requires Indonesia to pay great attention to maritime security issues, otherwise Indonesia will continue to suffer losses not only economically, even politically, defense and socio-cultural.
Along with the rapidly of globalization developments, the frequency of interaction remains intensive and easier. This is also one of the causes of the increasing number and variety of crimes that occur in each country, especially countries that have a huge maritime territory such as Indonesia. With the privilege of Indonesia's position and strategic location as well as on the world level, sea is the most widely used as a media in terms of trans-economy and military ships, as well as being vulnerable to non-Traditional security issues, especially transnational crimes. However, Indonesia has not been able to manage marine area well in addressing maritime security issues, due to law enforcement that has not been implemented optimally. Non-traditional crimes especially transnational crimes are common in Indonesian waters area such as illegal fishing, human trafficking and smuggling, piracy, commodity smuggling and weapon smuggling.
Illegal fishing, human trafficking and smuggling, piracy and commodity smuggling have gained great attention and concrete action from the government to keep up with it because the threats of such crimes have a major impact on national security in Indonesia. As for the weapon smuggling activities, the Indonesian government has not given more concern because it is considered the level of threat is still small for national security. But the writers argue that this weapon smuggling 76 activity will make national security threatened because of so many crimes on land that have used firearms such as robbery and even for self-protection.
Civilians in Indonesia are now easily acquiring firearms illegally because they are easy to buy at low prices. This will lead to high anxiety in the society because there is often case of shootings among the society. The government should give more attention and firm action to this issue because its threats are clearly harmful and will have an impact on national security. Weapon smuggling is one form of crimes of trans- national issues that occur in water areas. The security cooperation that Indonesia had with other countries to dealt with weapon smuggling (in this term weapon smuggling still consider a less threat), the writer suggest that the government has to build a cooperation that specifically focus on weapon smuggling rather than the cooperation that build with other countries with purpose to deal with trans-national crimes generally.
It is a necessary to improve security patrol especially along the waters of the outer islands by the relevant agencies and security apparatuses to overcome the entry of weapon smugglers into Indonesia. It is even more important that the government issues adequate legislation in response towards challenges and problems along the coastline and waters area of outer islands in Indonesia from the weapon smuggling activities. The writer recommend for Indonesian government to put much concern about this issue and make some regulation or strategy not only limit to the cooperation with other countries.
Regional cooperation in the field of security is necessary, but the national interests of Indonesia should be above all else. Internally, it is time for Indonesia to organize maritime security management to avoid sustained losses due to ineffective and inefficient marine law enforcement especially to addressing weapon smuggling activities.
77
Bibliography
Al Araf, Poengky Indarti, Bhatara Ibnu Reza, Ghufron Mabruri, Junaidi Simun, Erwin Maulana, Swandaru, Anton Alibbas, Jaky Nurhasya. (2012) Dilema Pengaturan Keamanan Nasional. Indonesia: IMPARSIAL, the Indonesian Human Rights Monitor Annual Report International Maritime Bureau, Storey, Ian (2008) “Securing Southeast Asia Sea Lanes: A Work in Progress”, Asia Policy No.6 Ayu Cipta, “Polres Bandara Soekarno-Hatta Tangani 17 Penyelundupan Senjata Api di 2010,” Tempo Interaktif, http://www.tempointeraktif.com/hg/kriminal/2010/12/31 Baylis, John and J.J. Wirtz. (2007). Introduction, in John Baylis et. al. (ed.), Strategy in the Contemporary World.Oxford: Oxford University Press Buku Putih Pertahanan Indonesia 2008 p.5 Buzan, B. in AA Banyu Perwita, Afrimadona, Bantarto Bandoro, Beni Sukadis, Fredy Lumbantobing, Juwono Sudarsono, Kusnadi Kardi, Prasojo, Yugoslastarob Komeini, Memahami Kajian Strategis (Indonesia: FISIP UPN “Veteran” Jakarta Press, 2012) Buzan, B, Ole Wæver and Jaap de Wilde. (1998), Security A New Framework for Analysis (Colorado: Lynne Rienner Publisher, Inc.,) Buzan, B. (1991), People, States and Fear: An Agenda for International Security Studies in The Post Cold War Era(2nd edition), (London: Harvester Wheatsheaf) Buzan, B. (1997) Rethinking Security After the Cold War. Corporation & Conflict, Sage Publication, vol., 32(I). Campo, Joseph (2003) “DiscourseWithout Discussion: Representation of Piracy in ColonialIndonesia 1816-25”, Journal of Southeast Asia Studies
78
Collins, A. (2007), “Security and Southeast Asia: Domestic, Regional, and Global Issues”, in Bambang Cipto. “Hubungan Internasional Di Asia Tenggara”. Yogyakarta: Pustaka Pelajar Data Mabes POLRI Denzin, N. K and Lincoln Y. S. (eds). (1994). Introduction: Entering the field of qualitative research. In N. K. Denzin & Y.S. Lincoln (eds), Handbook of Qualitative Research Department of Disarmament Affairs, UN Regional Centre for Peace and Disarmament in Asia and the Pacific, 3-4 Mei 2000 “Jakarta Regional Seminar on Illicit Trafficking in Small Arms and Lights Weapons” “Dibongkar Jaringan Pemasok Senjata,” Kompas, 6 Juli 2011 Direktorat Jenderal Bea dan Cukai. (1995), Pertumbuhan & Perkembangan Bea dan Cukai Dari Masa ke Masa – Jilid II, Penerbit Yayasan Bina Ceria, Jakarta. Doktrin TNI AL Eka Sasana Jaya, (Jakarta:MABESAL) Dr. Makmur Keliat. (2009), “Keamanan Maritim dan Implikasi Kebijakannya Bagi Indonesia”, (Jakarta: Jurnal Ilmu Sosial dan Ilmu Politik) Vol 13 No 1. Forum Dialog ke XI, “Kerjasama Maritim ASEAN”, (Surabaya: Badan Pengkajian dan Pengembangan Deplu, 21-22 April 2004) Hermawan, Y. P. (2007) “Transformasi dalam Studi Hubungan Internasional : Aktor, Isu, dan Metodologi”, (Yogyakarta : Graha Ilmu ) Heuser, Beatrice. (2010), “What is Strategy?”, in the Evolution of Strategy, Cambridge: Cambridge University Press http://apdforum.com/id/article/rmiap/articles/online/features/2012/12/28/asia-pirate- attacks https://daerah.sindonews.com/read/1141309/174/penyelundupan-30-ton-bahan- peledak-dari malaysia-ke-sulawesi-digagalkan-1474515794 http://www.interpol.go.id/id/uu-dan-hukum/mou/australia/228-penanggulangan- kejahatan-lintas-negara-dan-pengembangan-kerjasama-kepolisian
79 http://nasional.kompas.com/read/2011/11/18/1508315/Dua.WNI.Masuk.Jaringan.Pen yelundupan.Senjata.Internasional https://news.detik.com/berita/d-454064/selundupkan-senjata-wni-divonis-mati-di- malaysia http://www.pemudamaritim.com/2014/10/aspek-keamanan-maritim.html http://perpustakaan.bappenas.go.id/lontar/file?file=digital/blob/F15558/Megawati%2 0Kunjungi%20Vietnam%20dan%20Laos.htm http://setnas-asean.id/asean-ministerial-meeting-on-transnational-crime-ammtc http://www.deplu.go.id/Pages/PressRelease.aspx?IDP=972&l=id. James t. Conway, and friends. (2008), A Cooperative Strategy for 21ST Century Seapower, Naval War College Review, Winter. “Kawasan Perbatasan: Kebijakan dan Strategi Nasional Pengelolaan Kawasan Perbatasan Antarnegara di Indonesia”, Bidang Pemberdayaan Masyarakat dan Penanggulangan Kemiskinan, BAPPENAS, http://www.bappenas.go.id Kerugian Akibat Illegal Fishing Mencapai Puluhan Trilyun, KontanOnline, http://www.kontan.co.id/index.php/bisnis/news/13575/Kerugian_Akibat_Illeg al_Fishing_Mencapai_Puluhan_Tril un “Kolaborasi Indonesia-Filipina demi Eliminasi Penyelundupan Senjata,” Media Indonesia, 22 Maret 2010, http://www.mediaindonesia.com/read/2…ndupan- Senjata Kothari, C.R. (2004), Research Methodology, Methods and Techniques (Second Revised Edition). New Delhi: New Age International Ltd Menlu Minta Aparat Tegas Terhadap Pencuri Ikan Illegal, Tempo interaktif, http://www.tempointeraktif.com/ hg/nasional/2008/05/02/brk 20080502122373.id.html Mutimer, D. (1991) Beyond Startegy: Critical Thingking and the New Security Studies, in the Post-Cold War. (Boulder: Lynne Rienner Publisher) Nainggolan, P. P. (2011), Dalam Jurnal Penyelundupan Senjata ke Wilayah Indonesia
80
Nainggolan, P. P. (2011) Masalah Keamanan dan Penyelundupan Senjata ke Wilayah Indonesia, Analisis CSIS, Volume 40, Nomor 3, September 2011 (455-479), ISSN 1829-5908 Natalie Klein, Joanna Mossop, and Donald R. Rothwell. (2010), Maritime Security: International Law and Policy Perspectives from Australia and New Zealand, (New York : Routledge) National Report by The Government of Indonesia on The Implementation on The United Nations Program of Action to Prevent, Combat, and Eradicate the Illicit Trade in Small Arms and Light Weapons. Nezar Patria, Suryanta Bakti Susila, Iwan Kurniawan, “Membongkar Jejak Senjata Teroris,” Viva News, 24 September 2010, http:/sorot.vivanews.com/news/read/179459-melacak-jejak-senjata-haram. “Pelabuhan Perlu Manfaat Potensi Domestik” http://els.bappenas.go.id/upload/kliping/Pelabuhan.pdf. “Perampokan Bank CIMB Niaga Medan: Kapolda: Sumut Rawan Penyelundupan Senjata Api,”VHRmedia.com,http://www.vhrmedia.com/Kapolda-Sumut- Rawan-Penyelundupan-Senjata Permana, F. A. (2010), “Perampokan Merajalela,” Media Indonesia, Bataviase.co.id, http//Batavia.co.id/node/35089. Perwita, A. A. B, Afrimadona, Bantarto Bandoro, Beni Sukadis, Fredy Lumbantobing, Juwono Sudarsono, Kusnadi Kardi, Prasojo, Yugoslastarob Komeini. (2012) Memahami Kajian Strategis. Indonesia: FISIP UPN “Veteran” Jakarta Press Prasetyono, E. (2006) “Konsep-Konsep Keamanan”, dalam Indra J Piliang, Edy Prasetyono, Hadi Soesastro (eds.), Merumuskan Kembali Kebangsaan Indonesia, (Jakarta: CSIS) Purnomo, Y. D. H. (2004), “Pengamanan Wilayah Laut RI bagian Barat”, dalam jurnal Hukum Internasional, Edisi khusus, (Depok: Lembaga Pengkajian Hukum Internasional Fakultas Hukum Universitas Indonesia)
81
Safri Burhanudin, dkk, “Sejarah Maritim Indonesia: Menelusuri Jiwa Bahari Bangsa Indonesia dalam Proses Integrasi Bangsa (Sejak Jaman Prasejarah Hingga Abad XVII)”, (Pusat Kajian Sejarah & Budaya Maritim Asia Tenggara, Lembaga Penelitian Universitas Diponegoro Semarang serta Pusat Riset Wilayah Laut & Sumberdaya Non-Hayati Badan Riset Kelautan Perikanan Departemen Kelautan dan Perikanan: Jakarta, 2003) Scholastic.com. 2016. Strategy and Tactics, Military. http://www.scholastic.com/teachers/article/strategy-and-tactics- military. Semedi, P. (2003) Close to the Stone, Far From The Throne. Yogyakarta: Benang Merah; Kusnadi (2002) Konflik Sosial Nelayan: Kemiskinan dan Perebutan Sumber Daya Perikanan. Yogyakarta: LKiS; Wahyuningsih, dkk (1997) Budaya Kerja Nelayan Indonesia Di Jawa Tengah. Jakarta: Departemen Pendidikan dan Kebudayaan; Arif Nasution, dkk (2005) Isu‐Isu Kelautan: Dari Kemiskinan Hingga Bajak Laut. Yogyakarta: Pustaka Pelajar. Sondakh, B. K. (2004) dalam Jurnal Hukum Internasional: National Jurisdiction at Sea, (Depok:Lembaga Pengkajian Hukum Internasional FHUI Krasner, S. D. (1983) regime can be defined as “principles, norms, rules and decision making procedures around which actor expectations converge in a given issue area”. Stephen D. Krasner (1983). International Regimes. Ithaca: Cornell University Press. Thailand Diminta Menekan Penyelundupan Senjata buat GAM, Liputan 6 News, Mei 2003, http://news.liputan6.com/read/55148/thailand-diminta-menekan- penyelundupan-senjata-buat-gam. “Tiga Titik Perairan Indonesia Rawan Penyelundupan Senjata Api,” Kementrian Pertahanan RI, http://www.dephan.go.id/modules.php?name=News&file=articles&si… “TNI AL Bangun Pangkalan di Melonguane,” Kompas, 19 Juli 2011 UU RI No. 34 Tahun 2004, Bab IV, pasal 9 tentang Tentara Nasional Indonesia 82
Vijay Sakhuja, Maritime Security in Southeast Asia, Contemporary Southeast Asia, Agustus 2007, Vol.29, No.2 Wahyono S.K., “Indonesia Negara Maritim”, (Jakarta: Teraju, 2009) Website resmi pemerintah Provinsi Kepulauan Riau, http://www.kepri.go.id, 1 Januari 2009 Widjaya, Ismoko and Eko Huda S. (2010), “1000 Pucuk Senjata Eks GAM Masih Beredar,” Vivanews, http://nasional.vivanews.com/news/read/179511-30- persen-sen-jata-ek.... Widjaya, I. (2010) “Titik Panas Indonesia-Malaysia,” Vivanews, http:/wap.vivanews.com/news/read/171252. Wowor, L. (2000), “Senjata Selundupan: Senjata Lewat Jalur Lama,” Gatra, No. 18/VI, http:www.gatra.com/VI/18/NAS2-18.html
83