The impact of securitization of Rohingya refugee by Indonesia and Malaysia

Chapter 3. Indonesian Refugee Policy and Securitization of Rohingya Refugee by the State Actor

Indonesia is one of ASEAN countries affected by the Rohinya refugee problem who culminated in 2015 Andaman Sea crisis. Indonesia does not own law that specifically regulate refugee. therefore, every person who enters Indonesia without official document would be categorized as illegal migrants and consequently would be charged with immigration administrative punishment. SUAKA, Masalah Perlindungan. http://suaka.or.id/public-awareness/id-masalah-perlindungan/

These refugees previously stranded in their wrecked boat in the middle of the Andaman Sea had been the victims of a so called "human ping pong" policy of Thailand, Malaysia and Thailand, before they were saved by the local Acehnese fishermen in the coast of Aceh, the most northern province of Indonesia.

This chapter will analyse the securitization process of Rohingya refugee in Indonesia. How the Rohingya refugee issue is being brought up as a political and security issue that needs to be addressed immediately by the Indonesian government. Impacts caused by the influx of Rohingya refugee to Indonesia, whether it is economic, social or political and security, are presented by the government officials and military officers (securitizing actor) using speech act as an existential threat that could endanger the country. In this chapter I will also explore response of civil society regarding the securitization.

3.1 Indonesian Refugee Policy: Overview

As the largest archipelagic country in the world with limited capacity to guard its vast border, Indonesia has long been a destination or transit country for asylum seekers or refugees in different times of government with several issues related to refugees. As during the Soeharto era that handled the Vietnamese refugees, the era of Abdurrahman Wahid who handled East Timorese refugees, the presidency of SBY and Jokowi dealt with the Rohingyas. The policies of previous governments must be the guidance for the current government who is facing almost the similar conditions as the policies adopted by previous governments.

In 2001 the Bali Process forum was established to discuss cross-border crimes including the crimes of trafficking in persons and migrant workers. In 2016, in the era of Jokowi government after the arrival of Rohingya refugees that impacted many countries including Indonesia, the government and the member countries of Bali Process held the 6th meeting on 22 to 23 March 2016. Bali process was held to discuss the existence of mix migration and irregular migration including asylum seekers and refugees. Rohingya refugees are a shared responsibility that a common solution must be determined, including through the Bali Process forum. Anggi M. Lubis, Bali Process pledges agile response to refugees, http://www.thejakartapost.com/news/2016/03/24/bali-process-pledges-agile-response-refugees.html

The large number of refugees in Indonesia is exacerbated by the refusal of Australia against refugees entering its territory. Australia is one of the countries participating in ratifying the Convention and Protocol on Refugees, so it is not surprising that many of the refugees make Australia a refugee destination. The exodus of refugees from conflicting territories to Australia on a large scale led to a strong rejection of the arrival of asylum seekers to their territory. Threat to Australia's national security stability serve as a boost for the expulsion of asylum seekers and illegal migrants. Consequently, many of these asylum seekers trapped on a boat floating at the sea and stranded in Indonesian waters and even some of them reportedly died. Andy Budiman. Makin Banyak Pengungsi Tedampar di Indonesia. Diakses dari http://www.dw.com/id/makin-banyak-pengungsi-terdampar-di-indonesia/a-16557914, pada tanggal 13 April 2016.

Discussing about the issue of refugees in Indonesia is inseparable from the foundation of international law that is the 1951 Convention and 1967 Protocol. Both rules of law are a reference for countries that have participated ratified but complicated for countries that have not ratified one or both rules The. Nevertheless, there is a principle of non-refoulement in article 33 of the 1951 Convention which is an international jus conges which becomes the moral principle for each country to assist and provide rescue and salvation for refugees, although this principle may be denied by a state for some reason. For example, if such refugees could threaten the stability of national security and trigger order disturbances in the recipient country.

In Indonesia, the principle of non-rofoulement is stipulated in the Letter of the Director General of Immigration. F-IL. 01.10-1297. It explained about the procedure of handling asylum seekers or refugees. Where there is a foreigner who expresses the desire to seek asylum upon arrival in Indonesia, so as not to be subject to immigration actions in the form of deportation to the territory of the country which threatens his life and freedom. Surat Edaran. Departemen Kehakiman dan Hak Asasi Manusia Republik Indonesia, Direktorat Jendral Imigrasi.

However, as a country that has not ratified the Convention and protocol on refugees, Indonesia still categorizes refugees and asylum seekers who are stranded in Indonesian territorial waters without completeness and official travel documents will be categorized as illegal immigrants and will be processed through immigration regulations. The travel document itself according to the provisions of Law No. 6 of 2011 is an official document issued by an authorized official of a country, the United Nations or other international organization to travel interstate that contains the identity of the holder. UU Keimigrasian (Immigration Law), Directorate General of Immigration, Ministry of Justice and Human Rights www.imigrasi.go.id As per the provisions of the Immigration Law article 85, paragraphs 1 and 2, any foreigner who can not show official documents or illegally enter Indonesia will be subjected to a form of detention for a minimum period of 10 years and placed in detention houses in Indonesia. Ibid. UU Keimigrasian. So that the initial handling of refugee problems or asylum seekers will refer to Law no. 6 of 2011 and according to the provisions of the Act that refugees and asylum seekers are classified as foreigners. Ibid. UU Keimigrasian.

There were still mismatch of regulation regarding refugees and asylum seeker in Indonesia. The Presidential Decree that would be the foundation of refugee protection at the time of Rohingya refugee crisis in 2015 had not issued yet. It was issued afterwards in December 2016. The the new regulation will be discussed at the end of this chapter. In the absence of specific legal rules concerning refugee protection in Indonesia, most refugee problems in Indonesia will be delegated to the immigration authorities. Immigration parties are mandated to deal with refugee issues either in the process of receiving or posting to a third country that is willing to accept.

3.2 Influx of Rohingya Refugee to Indonesia

Rohingya refugees first entered the territory of Indonesia en masse that is at the beginning of 2015. This situation is motivated by the ethnic conflict which then spread to the political conflict that occurred in Myanmar. The international community recognizes that Rohingya ethnic groups are subjected to discrimination and human rights abuses by the Myanmar government. The expulsion of Rohingya ethnic from Arakan territory, Myanmar, triggered a wave of mass refugees to nearby countries such as Bangladesh, Thailand, Malaysia and Indonesia. The exodus of Rohingyas to various countries can not be prevented because of the discrimination they experience.

Indonesia was chosen as one of the objectives due to several factors, such as the geographical position of Indonesia which is quite close to Arakan, Myanmar. Indonesia's geographical condition is very strategic for sea transportation which has many islands and escapes from the security coverage of the state apparatus making it easier for foreigners including refugees and asylum seekers to enter Indonesian territory illegally.

Indonesia is not only a temporary transit point for refugees and asylum seekers, but rather a refugee destination. This is supported by the existence of UNHCR and International Organization for Migration (IOM) which serves to deal with the affairs of asylum seekers, refugees, and immigrants. As expressed by Prof. Hikmahanto there are several causes that make Indonesia as an attraction for this refugee. First, Indonesia is the nearest state as an illegal path for foreign immigrants. Secondly, the sovereignty of Indonesian waters still has many loopholes and is not maintained thoroughly. So this condition makes it easier for illegal immigrants and foreign refugees to enter the territory of Indonesia without examination from the immigration. Thirdly, the existence of a UN agency that deals with refugee issues (UNHCR) in Indonesia, thus becoming an attraction for foreign refugees with money. Fourth, there are both citizen and foreign refugees, even corrupt personnel, who make foreign refugees as a business. Zenefale. Ibid.

However, for most Rohingya refugees, they came to Indonesia by accident. Their favorite destination is Malaysia where they can work illegally and there are large communities of Rohingya that could support them.

According to UNHCR reports, the arrival of Rohingya and Bangladesh refugees in Indonesia reaches up to 1,800 people after only two weeks in May 2015. Sri Lestari. Lokasi Penampungan Pengungsi Rohingya akan Ditentukan. http://www.bbc.com/indonesia/berita_indonesia/2015/05/150524_pengungsi_rohingya Meanwhile, according to data from BNPB Tim Reaksi Cepat/Quick Reaction Team (TRC), Rohingya and Bangladesh refugees number is 1,810 people spread in Langsa as many as 682 people, Aceh Utara 328 people, East Aceh 409 people, Aceh Tamiang 48 people, Lhokseumawe 247 and Medan 96. They consist of 1,328 adult men, 244 women, and 238 children. Supriyantho Khafid.. Bantu Pengungsi Rohingya, Pemda Aceh Butuh Dana. Diakses dari https://m.tempo.co/read/news/2015/05/28/118670125/bantu-pengungsi-rohingya-pemda-aceh-butuh-dana Refugees are accommodated in several government detention houses run by immigration authorities. According to the Head of the Aceh Provincial Office of Social Affairs, Al Hudri has five shelters for Rohingya refugees and Bangladeshi immigrants, including Lhokseumawe, North Aceh, Langsa City, Aceh Tamiang and East Aceh. Andylala Waluyo. Pemerintah Indonesia Siapkan Lokasi Baru Pengungsi Rohingya dan Bangladesh. Diakses dari http://www.voaindonesia.com/content/pemerintah-indonesia-siapkan-lokasi-baru-pengungsi-rohingya-dan-bangladesh/2808703.html

Table: Number of Refugee and Asylum Seeker in Indonesia until 29 February 2016 UNHCR. Diakses dari www.unhcr.or.id, pada tanggal 23 Mei 2016.

In the table above can be seen that the number of refugees in Indonesia is quite large, while the number of asylum seekers who come to Indonesia is also very large. Often the terminology of asylum seekers and refugees leads to confusion. Asylum seekers are people who apply for protection to a country's government but the request is in the process of determination by UNHCR. If the application is accepted, it will be legally considered as a refugee, and the applicant shall have the right and obligation under the law of the receiving State. JRS. Pengungsi dan Pencari Suaka di Indonesia. Jesuit Refugee Service Indonesia. 2013. Hal. 6. However, if the application is rejected, then the person must voluntarily return to their home country or they will be forced to go home or deported. While refugees are people who are forced out of a country due to persecution, conflict, hunger, political discrimination that threatens their safety and people who are deprived of citizenship or citizenship due to differences of social identity, religion, race and the absence of protection from the original country. In this case Rohingya refugees can be categorized as refugees because they are threatened and displaced due to the inequality of identity and the lack of protection from the government of Myanmar.

In recent years, the numbers of refugee in Indonesia has been increasing, UNHCR data says that overall in Indonesia there are about 5 thousand refugees and almost 8 thousand are asylum seekers who are still in the process of obtaining refugee status. According to UNHCR Representative Chief in Indonesia Thomas Vargas the increase is due to several factors, namely the existence of the season factor of the ship, which is the cycle where the ship is widely used to move. Usually between October and May due to the span between the months, the weather conditions in the sea are very likely to travel. While out of season the number of refugee arrivals will be lower due to climate factors that are not possible. And the second is the most important factor that is the condition of the country of origin that is still experiencing conflict as happened in Myanmar, Afghanistan, Syria where the prolonged conflict occurred and has not found a bright spot, this is expected to make the number of refugees in Indonesia increased. Tri Wahyuni. UNHCR: Jumlah Pengungsi di Indonesia Meningkat. Diakses dari http://www.cnnindonesia.com/nasional/20150728204221-20-68699/unhcr-jumlah-pengungsi-di-indonesia-meningkat/

Discrimination against ethnic Rohingya by Myanmar government and society triggered a displacement by Rohingyas. The arrival of Rohingya refugees to various countries is certainly triggered a political reaction. Bangladesh, which is geographically very close to the Arakan region, has long been involved in the Rohingya refugee problem. The ongoing arrival of Rohingya refugees into the Bangladesh region, prompted the local government to take political steps to stem the coming of the refugees further.

When entering the territorial boundaries of a country, generally the refugees will be treated as legal provisions in that country. Meanwhile, to obtain legal protection and their rights as refugees from recipient countries, the refugees must first obtain refugee status from international organizations UNHCR and countries that have ratified. But the Rohingya refugee situation is increasingly difficult because it does not have citizenship status from the Myanmar government. So the Rohingya refugees will be placed in a special place away from the community settlements. This is done of course to avoid possible friction between local communities with refugees as well as maintain security stability.

3.3 Rohingya Refugee as Existential Threat in Indonesia: Securitization Speech Act

The migration of Rohingya refugees to Indonesia may pose a threat to the host country community and government, this can also trigger political tensions between the country of origin and the destination country. In an effort to maintain national security, the state tends to protect the country's borders and prevent any possible threats from outside. Therefore, the Indonesian government seeks to securitize the issue. As Buzan points out, securitization is an extreme form of politicization. Barry Buzan. Ibid Hal 25. Constructivists also agree that security is not an absolute thing, but can be constructed by certain actors according to certain interests. Barry Buzan. Ibid Hal 26.

Using the logic of securitization, Securitizing actors use every to construct Rohingya refugee as a legitimate existential threat that cause insecurity to the audience/referent object. This process is called speech act. Barry Buzan, Ole Waever dan Jaap de Wilde, Security: A New Framework For

Analysis (USA:Lynne Rienner Publisher) Hal. 23-24 State and society are perceived as referent object who would be most disadvantaged if the government is unable to control the influx of refugees.

As is commonly known, the doctrine of sovereignty is of paramount importance in the system of cooperation that Southeast Asian countries have developed. In this context, refugees are constructed as objects that harm the boundaries of the sovereignty of these countries. This is because most of the refugees who come to regional countries take advantage of illegal or unofficial routes. Susan Kneebone, “ASEAN and the Conseptualization of Refugee Protection in Southeastern Asian States” dalam Ademola Abass dan Franscesca Ippolito, Regional Approaches to the Protection of Asylum Seekers (USA: Ashgate Publishing Company,

2014) Hal. 295-300

With the logic above, it is not surprising to call such as illegal migrants, undocumented migrants, and illegal immigrants into consumption in most of the statements of state elites and local media, especially those classified as wings right. This obviously presents a serious problem, especially if we look to international norms and laws relating to the protection of refugees. In the logic of such securitization, countries tend to no longer see international norms and customary laws on providing protection to refugees.

Under these circumstances, it is difficult for refugees to secure protection rights in these countries, because they are constructed as a disruptive and interventionist sovereign of a country.

The formation of Existential Threat (ET), occupies a very central position in fulfilling the success of a securitization. Therefore, to achieve ET, Copenhagen School provides a pretty heavy requirement for securitizing actors, in which they must convince the audience and accept the logic of its speech act. Although just like Buzan said, "it is the securitizing actor who decides whether something is to be handled as an existential threat". Securitizing actor plays a very significant role in determining if something is a threat or not. Barry Buzan. Ibid

n this logic, speech act is interpreted as actors' legitimacy to an audience aimed at providing moral support for policies that have been and will be done against the threat itself. If we associate this with the persistent threat, described in the Analytical Framework, we will know how the actor's perceptions of threats and the extent of the audience's response to those perceptions.

In addition, Ronald Skeldon also revealed interesting research results related to the country's perception of refugees in the region. He states: "there is the perpetual fear of the outsider and the fear that foreigners will create trouble within the borders of the state and, if present in sufficient numbers, lead changing identities of the nation itself". Ronald Skeldon, “Trafficking: A Perspective from Asia”, dalam International Migration, 38(3), 2000, Hal. 7-30

As affirmed by the Spokesperson of the Minister of Foreign Affairs of Indonesia, Armanatha Nasir related to Australia's apathetic attitude towards the issue of Rohingya asylum seekers;

"The point is that countries that have ratified the Convention have full responsibility to ensure they follow what they have agreed upon We (Indonesia) are not parties to the Refugees Convention If you are convinced enough to sign a convention , Then you must be consistent to continue to carry out its principles." 22The Sidney Morning Herald, “Indonesia To Australia: ` You Signed The UN Convention on Refugees. Act on it' ”, tersedia di http://www.smh.com.au/federal- politics/political-news/indonesia-to-australia-you-signed-the-un-convention-on-refugees- act-on-it-20150521-gh6u58.html.

A real threat or existential threat is a threat posed by an issue. But in a securitization process, sometimes existential threat does not really exist, but rather politically constructed by securitization actors to make the issue succeeded in securitizing. Generally, the influx of any large, illegal refugee, immigrant or any foreigner will burden the country they enter, and it is not uncommon for the presence of these foreigners to cause complex problems concerning the expenses of the lives of refugees, social and security issues. The following are the existential threats of the Rohingya refugees in Indonesia who are being constructed by securitization actors using speech act.

Economic Threat

The presence of a very large number Rohingya refugees in Indonesia would be an additional burden for the government. The first impact felt by the government is the burden on the operational and living costs of refugees. Food, beverages, wearable clothes, health, shelter, safety are the things that the refugees need. To provide everything the Indonesian government would have to allocate substantial funds. Vice President Jusuf Kalla said the government will set aside part of the State Budget (APBN) to help Rohingya refugees, Reza Aditya. JK: Dana untuk Pengungsi Rohingya dari APBN. Diakses dari https://m.tempo.co/read/news/2015/05/25/173669086/jk-dana-untuk-pengungsi-rohingya-dari-apbn, Although funds for refugee issues are not budgeted in the state budget. The Government of Indonesia through the funds of the Ministry of Social Affairs (Kemsos) poured as much as 2.3 billion rupiahs (app. USD 200,000) to meet the needs of the lives of refugees including the needs of clothing such as mats, family kits, tents, and al-Quran. Social Minister Khafifah Indar Parawansa explained that the funds are funds taken from the budget for social disasters. Imran M.A. Dana Rp 2,3 M disiapkan untuk Bantu Pengungsi Rohingya. Diakses dari https://m.tempo.co/read/news/2015/05/25/173669065/dana-rp-2-3-m-disiapkan-bantu-pengungsi-rohingya,

The complaint against the Rohingya refugee handling fee was also submitted by Langsa Mayor Usman Abdullah claiming that refugee assistance is taken from local government funds, while the local government does not have an emergency budget like this. So the funds are very limited to require local governments to take from other sources of funds. Due to the absence of special fund allocations to address the refugee issue, it is feared that alleged misuse of the budget will occur. BBC. Pemda Langsa Kesulitan Dana Tangani Pengungsi Rohingya. Diakses dari http://www.bbc.com/indonesia/berita_indonesia/2015/05/150518_indonesia_langsa_dana, The Langsa Mayor's concerns about alleged misuse due to efforts to meet the needs of Rohingya refugees became a form of illustration that attempted to be constructed that Rohingya refugees not only burden local finance but also triggered allegations of money laundering by the local government. It is not impossible that budget procurement for unplanned refugees in the state budget will trigger money laundering allegations. So this should be taken seriously by the central government so as not to cause concern for local governments that directly touch the Rohingya problem. The fact that the use of the state budget is used by government actors to construct Rohingya refugees threatens the state's financial burden.

Law and Human Rights Minister Yasonna Laoly in this interview stated that Rohingya refugees are burdening the state's finances. Menkumham Kunjungi Pengungsi Rohingya dan Segera Pulangkan Pengungsi Bangladesh. This was reaffirmed by the Minister of Law and Human Rights of Indonesia, Yasona Laoly, during his visit to Rudenim (Immigration Detention Center) Jakarta on December 5, 2015:

"Our country is a sovereign country, we must defend our programs, not defend them (immigrants) that are clearly the burden of our State Budget (State Budget). With the closing of entrances to immigrants by the Australian Government, we (Indonesia) have become immigrant targets for transit destinations, and that is the burden of the state even though some are funded by other agencies such as IOM". Kemenkumham, “Tinjau Rudenim Jakarta, Menkumham Serukan Pengetatan Pintu Masuk Bagi Para Imigran”, http://www.kemenkumham.go.id/v2/berita/314-tinjau-rudenim-jakarta-menkumham-serukan-pengetatan-pintu-masuk-bagi-para-imigran?switch_to_desktop_ui=1

Government officials such as minister issued statements that serve as speech act to influence public opinion that Rohingya refugee is a threat and they wiould be financial burden borne by the government. The speech act of Rohingya refugee and all refugee in general as a burden is often repeated by Indonesian government officials. The burden-sharing certainty issue is also often repeat by the government ministers to sound their reluctance of accepting refugees.

Economic factor is one of the most powerful reasons for Southeast Asian countries not to ratify the 1951 Refugee Convention and the 1967 Protocol. As Sara Davies notes, the perception of huge costs if a state ratify these two components of international refugee law greatly influences the behavior of countries in the region. Sara Ellen Davies, Op.cit., Hal. 10

This can be seen from an incident when UNHCR is personal Lobbying these countries to ratify the Refugees Convention and The New York Protocol. As stated by the Commander of the Indonesian Armed Forces, General Moeldoko,

"Even they were caught here (Middle East refugees who initially headed to Australia but instead anchored in Indonesia), and new problems arise. The problem of the people of Indonesia themselves are not easy. Let us never again deal with this problem!"

According to research from Sara, the unprepared argument for bearing the burden of refugees and asylum seekers is always expressed to UNHCR to reject the two instruments. Ibid This is clearly inversely proportional to that in African countries. Although most countries in the region are classified as developing countries, many have ratified the Refugee Convention and Protocol. Oucho, J.O., “Refugees and Internally Displaced Persons: Africa's Liability for the Next Millenium “ dalam Daniele Joly (ed.), Global Changes in Asylum Regime: Closing Doors,(Hampshire:Palgrave Macmillan, 2002) Hal. 154-176

The same is also expressed by the Director General of Immigration of the Republic of Indonesia, Ronnie Sompie. Ronnie said;

"In terms of human rights, we (Indonesia) also have an obligation to protect them. But if it is related to the government's ability to finance their needs, this is what should be prevented Our burden is their care, their public bathing, washing, and toilet facilities, it also becomes a burden for the state ". Devita Prastiwi, “Dirjen Imigrasi: Beban Negara Berat Tanggung Imigran Gelap”, dalam Liputan 6.com. 16 Februari 2016. Diakses pada laman http://news.liputan6.com/read/2437867/dirjen-imigrasi-beban-negara-berat-tanggung- imigran-gelap

Related to the conception of refugee as burden, the fear of becoming pulling factor if Indonesia ratify the convention and protocol was clearly stated by the Minister of Foreign Affairs, Retno Marsudi. She stated, "Our facilities are already overcrowded and overpopulated but Indonesia has fulfilled its obligation under the existing international laws. we are concerned that some third countries have decided to stop accepting refugees or reduce their quota. This is clearly against the principle of burden sharing and sharing responsibility". Retno Marsudi: We don't want to create a pull factor, https://en.tempo.co/read/news/2015/05/19/241667485/Retno-Marsudi-We-dont-want-to-create-a-pull-factor

Social Threat

The amount of aid provided by the government and internationally to Rohingya refugees necessarily leads to social jealousy. According to a Rohingya refugee named Muhammad Thoyib who lives in Wisma Budi Makassar said that they the refugees get help in the form of money of Rp 1.25 million (USD 100) for adults and Rp 500,000 (USD 400) for children. Tri Yari Kurniawan. 2015. Pengungsi Rohingya Diberi Rp 1,25 Juta Sebulan. Diakses dari https://m.tempo.co/read/news/2015/05/27/058669718/pengungsi-rohingya-diberi-rp-1-25-juta-sebulan This allowance is given to ease the burden of the refugees and is used as a necessity of life. This fact is very contrary to the very weak economic condition of the community. According to statistics, the number of poor people (population with per capita expenditure per month below the poverty line) in Indonesia in 2015 reached 28.59 million people. Indonesian National Statistics 2015, http://bps.go.id/brs/view/1158/ The average income of 28.59 million Indonesians is below the proper line and has a very low income. Indonesia's poverty line is set at a monthly income of Rp 344,809 (USD $24.8) in 2015. Poverty Rate Indonesia: 11.1% of Population in September 2015, https://www.indonesia-investments.com/news/news-columns/poverty-rate-indonesia-11.1-of-population-in-september-2015/item6341?

Assistance given by the government and the International amid poverty in Indonesia certainly can trigger social jealousy. This is very likely to happen if the refugees continue to get help without having to work hard like the poor of Indonesia in general. As the speech act reinforced by the statement of the Minister of Political, Legal and Security (menkopolhukam) that the presence of Rohingya refugees in the community and received many international aid is feared could trigger social jealousy of public hearted. Icha Rastika. Pemerintah Antisipasi Adanya Konflik Sosial Akibat Pengungsi Rohingya. Diakses dari http://nasional.kompas.com/read/2015/05/21/21503561/Pemerintah.Anitisipasi.Adanya.Konflik.Sosial.akibat.Pengungsi.Rohingya?utm_campaign=related&utm_medium=bp&utm_source=news&, Reflecting on the case of previous Vietnamese refugees, where the arrival of large numbers of refugees led to dominance in the market sector leading to social jealousy that resulted in conflict between communities and refugees. Marwati. Ibid Hal 625 The government seeks to see the fact that there is a gap between refugees and communities, especially income-related. The refugees do not need to work hard to earn money with the amount of Rp 1.25 million, otherwise the situation of poor people of Indonesia with a very low amount of income is still a lot. These government concerns are attempting to be constructed as a threat by the government regarding the existence of Rohingya refugees receiving rocks from the central government and international bodies such as IOM and UNHCR.

Political and Security Threat

The entry of ethnic groups into a country from another country would bring a myriad of problems. Especially if the group came out of its home country due to the conflict caused by ethnic, racial, ethnic, religious and political. The tension between Rohingya Muslims and Buddhists in Myanmar has sparked Muslim solidarity in Indonesia. The presence of Rohingya refugees in Indonesia if not addressed quickly and appropriately will trigger threats and tensions in Indonesia.

In 2013, Muslim and Buddhist refugees from Myanmar clashed at a refugee camp in Indonesia in a riot in which eight people were killed and 15 were wounded, media reported. Rioters attack each other during a two-hour clash at an immigration center in Sumatra Island. More than 20 Myanmar nationals were arrested. The riot broke out after an argument over sectarian violence in Myanmar between majority Buddhists and minority Muslims. Myanmar Buddhist, Muslim refugees clash in Indonesia, eight dead, April 5, 2013, http://www.reuters.com/article/us-indonesia-myanmar-refugees-idUSBRE93407L20130405

The Budhayana Assembly of Indonesia said that they participated to feel the sectarian impact brought by Rohingya refugees to Indonesia. Since the issue of Rohingya has stirred up among the people of Indonesia, Buddhists have been blamed. Some Muslim societies claim that Buddhists residing in Myanmar have oppressed the Rohingyas causing them to flee to Indonesia. According to Budhawan Upasaka Pandita Sugianto, since this issue has spread to Indonesia, they often get terror such as bomb terror against Ekayana temple and community demonstrations demanding that the temple in Medan be closed. Not only that, the threats of some hardliners were also experienced by Biku in Central Java Immigration. The monk was pounded while declaring that it was Buddhists who caused Rohingya refugees to flee. Even in Padang, local authorities forbade Buddhists to perform religious activities because they can not guarantee security. According to Sugianto, sentiment towards Buddhism in Indonesia is increasing when news about Ashin Wirathu, an antimuslim radical from Myanmar in adoption. Sugianto worried about the news about Biku Wirathu will further provoke the anger of Muslim hardliners. Tri Wahyuni. Umat Buddha Khawatir Kasus Rohingya Diseret ke Konflik Agama. Diakeses dari http://www.cnnindonesia.com/internasional/20150521175920-106-54857/pemerintah-belum-transparan-soal-dana-bantuan-rohingya/

This kind of thing if left unchecked will trigger the spread of social conflict in Indonesia, especially Indonesia is a country with diverse cultures, tribes and religions are very vulnerable to incitements that triggered the split. This is feared by the Minister of Political, Legal and Security, the emergence of social conflicts amidst ethnic and religious communities in Indonesia due to Rohingya refugee problems.

According to international terrorism observers, the Islamic States of Iran and Sham (ISIS) are concentrating on recruiting jihadists from Southeast Asia. In addition to Indonesians, Rohingya Immigrants are subjected to militant persuasion in order to leave or be trained to be part of a terrorist network. In recent estimates, more than 10,000 ISIS sympathizers are spread across Indonesia, Malaysia, the Philippines, and Thailand. Colin Clarke, an observer from the RAND Institute, said the information he received had extra ISIS network activity in the ASEAN region. Rohingya immigrants are the most vulnerable. There are 3,500 refugees now stranded in Thailand, Malaysia and Indonesia. An estimated 2,500 others are ready to sail to flee from Myanmar. "By offering economic incentives, Al Qaeda and ISIS are already exploring the possibility of recruiting (Rohingya)," said terrorism observer Rohan Gunaratna. Ardyan Mohamad. Fokus di ASEAN, ISIS Paling Gencar Rekrut Imigran Rohingya. Diakses dari http://www.merdeka.com/dunia/fokus-di-asean-isis-paling-gencar-rekrut-imigran-rohingya.html,

Analysts of terrorism observers on jihadists in Southeast Asia are certainly feared by the government considering Indonesia as one of the countries where Rohingya refugees stay. No one knows exactly the motives and backgrounds of the Rohingya refugees coming to Indonesia. The media proclaimed their arrival backed by the conditions they experienced. It is for this reason that TNI forces are trying to block the arrival of Rohingya refugees to prevent possible transnational crimes such as ISIS. Moeldoko stated that Indonesia has not been able to face the possible problems arising from the arrival of Rohingya refugees. "Taking care our people alone (Indonesian) is not easy, do not be burdened by this issue" (Rohingya refugee)," said Moeldoko. TNI Moeldoko is also concerned that if Rohingya refugees are accepted in Indonesia, this will trigger the arrival of other refugee waves. As Moeldoko stated, "if we open access, there will be an exodus here." Where similar cases have been experienced by Indonesia during the Soeharto era, South Vietnamese refugees who were first received in Indonesia on 25 May 1975 led to the arrival of more refugees. This is avoided as much as possible, so the TNI takes the policy to evict refugees. Sabrina Asril. Panglima TNI Tolak Kapal Pengungsi Rohingya Masuk RI, tapi Bersedia Beri Bantuan, http://nasional.kompas.com/read/2015/05/15/20213301/Panglima.TNI.Tolak.Kapal.Pengungsi.Rohingya.Masuk.RI.tapi.Bersedia.Beri.Bantuan%20

In addition to Rohingya refugee recruitment as a network of ISIS members, Rohingya and Bangladeshi refugees are involved in the use of narcotics-type marijuana. The four refugees are Muhammad Araf Bin Monit Ahmat (18), Muhammad Bin Kalu Sheikh (32), Muhammad Syukur Bin Muhammad Syofik (24), all three of Myanmar and Muhammad Ayub Bin Ismail Syurib (22) Bangladeshi citizens are detained by the Langsa Resort Police, Aceh after the evacuation security forces found them in the Bayen village of East Aceh using marijuana. Head of Narcotics Police Unit Langsa Ipda Syamsudin said that these four refugees have violated the provisions in the location of refugee and narcotics laws or Indonesian law. Harry Siswoyo. Pengungsi Rohingya Tertangkap Isap Ganja. Diakses dari http://nasional.news.viva.co.id/news/read/660701-pengungsi-rohingya-tertangkap-isap-ganja In accordance with Indonesian law provisions partially charged under article 111, 114, 127 of the Criminal Code with the threat of 4 years in prison jail. The fact that there are Rohingya refugees using marijuana is very worrying about the occurrence of drug abuse. They are not only potential users, but also can be couriers of drug trafficking. Given the fact that the Rohingya refugee condition has no job, is homeless, and is not in their homeland. They are very susceptible to persuasion to distribute or use drugs for the sake of fulfilling their needs. policy responses refugee existential

It is interesting to note the statement from Tedjo Edhy Purdijatno, the coordinating minister for political legal and security affairs, who reminded the Prime Mnister Abbott government that Indonesian cooperation was vital to the success of its "stop the boats" policy. He replied the protest from Abbott regarding the execution of two Australian citizens waiting for death row who were sentenced for trying to smuggle heroin out of Bali, "If Canberra keeps doing things that displease Indonesia, Jakarta will surely let the illegal immigrants go to Australia. There are more than 10,000 [asylum seekers] in Indonesia today. If they are let go to Australia, it will be like a human tsunami." Ben Doherty, Indonesia 'could release human tsunami of 10,000 asylum seekers on Australia', https://www.theguardian.com/australia-news/2015/mar/11/indonesia-could-release-human-tsunami-of-10000-asylum-seekers-on-australia, 10 March 2015

The refugees in this speech act are securitized to be used as a tool for deterrence strategy of Indonesia to Australia.

3.4 Indonesian Government Policy Response

In the Rohingya case, the highly visible securitization actor is from the Indonesian Armed Forces (TNI). The TNI's attitude and actions towards Rohingya refugees show that the Rohingyas are a threat to be unacceptable in Indonesia. TNI Commander General Moeldoko ordered the Navy to expel the Rohingyas.Kebijakan Kemanusiaan Untuk Rohingya,

http://www.tempo.co/read/opiniKT/2015/05/19/10052/kebijakan-kemanusiaan-untuk-rohingya TNI attempts to block the arrival of Rohingya refugees who attempt to approach the waters of Indonesia because it is feared to bring social problems. The TNI leadership even formed a special team in order to prevent the entry of Rohingya ships. The team formed patrols along the Strait of Malacca, as this strait is a frequent path by refugees. TNI dan Kemenlu Beda Policy, Pengungsi Rohingya Kritis. 2015. Dikutip dari http://www2.jawapos.com/baca/artikel/17444/tni-dan-kemenlu-beda-policy-pengungsi-rohingya-kritis

The above logic clearly places the sovereignty of the state above all else, including the life they describe as "the stranger." So it is not surprising that a few days later, the Indonesian Armed Forces directly fielded three warships and a reconnaissance aircraft to monitor the movements of the Rohingya boat people not to get into the territorial waters of Indonesia. This was confirmed explicitly by TNI Spokesman Fuad Basya; "We (TNI) stepped up patrols but then they used the new method by dropping the passengers at sea as it did in Langsa" BBC Indonesia, Patroli TNI mencegah pendatang gelap diperketat. 18 Mei 2015. Diaksesa/2015/05/150517_indonesia_rohingya.

As the guardian of state sovereignty, be it sovereignty in the air, land and sea. The TNI has the authority to expel foreign nationals entering Indonesian territorial territory without official travel permits and documents. Efforts to prevent the entry of Rohingya ships by the TNI is an act done in an effort to maintain the sovereignty of the state. TNI dan Kemenlu Beda Policy, Pengungsi Rohingya Kritis. Dikutip dari http://www2.jawapos.com/baca/artikel/17444/tni-dan-kemenlu-beda-policy-pengungsi-rohingya-kritis, This is in line with the TNI principle conveyed by Moeldoko that "in principle, we are in charge of maintaining the integrity and sovereignty of Indonesia, anyone from outside must be barred from entry, it is indeed the duty of the state." Adi Warsidi. Panglima TNI: Perlakukan Etnis Rohingya Secara Manusiawi, https://m.tempo.co/read/news/2015/05/21/058668171/panglima-tni-perlakukan-etnis-rohingya-secara-manusiawi Basically, the TNI is in charge of safeguarding Indonesia's security from various threats, including external threats that can disrupt the harmony of society and the state. With regard to the actions of the TNI ranks that carried out the expulsion and rejection of the Rohingya ships it was done in order to maintain the sovereignty of NKRI.

In the diplomacy sphere, the Government of Indonesia takes a bilateral approach by lobbying the government of Myanmar to immediately handle Rohingya refugees residing in Indonesia. On May 21, 2015, Foreign Minister Retno Marsudi paid a courtesy call with Myanmar's Foreign Minister U Wunna Maung Lwin at Naypyidaw to discuss irregular movement of persons. The meeting led to several important outcomes, among others, first the Myanmar government agreed to strengthen measures to prevent the irregular movement of migrants from its territory. Second, Myanmar governments also agreed to cooperate with regional countries in the fight against human trafficking or human tarfficking. Third, Myanmar governments immediately ordered the embassy to immediately make a consular visit to temporary shelters of irregular migrants currently in Aceh. Fourth, the Myanmar government also welcomes Indonesia's offer of cooperation for the development of Rakhine State in an inclusive and non-discriminatory way. Natalia Santi. Ditemui Menlu Retno, Ini Janji Myanmar. Diakses dari https://m.tempo.co/read/news/2015/05/21/118668293/ditemui-menlu-retno-ini-janji-myanmar,

Indonesia also implements the principle of constructive engagement and inclusive development to approach the issue of Rohingya in Rakhine state to avoid negative responses from the Myanmar government and the non-Rohingya communities in Rakhine state. This position based on the comprehensive approach that view Rohingya issue and the democratization and reformation in Myanmar as an integrated part. Therefore, any policy intended to solve Rohingya should also consider the impacts on the ongoing process of democratozation in Myanmar. This policy has placed Indonesia under pressures from the international communities, UN and OIC because Indonesia is perceived as supporting the military regime. Nevertheless, Indonesia will continue to be pro active in assisting the conflict in Rakhine state in its own way despite the persistent protests from other countries whether it is from ASEAN, UN and OIC because Indonesia is sure that it is the most effective way to solve the conflict in Rakhine State and consequently solving the problem of Rohingya refugee in the Southeast Asia region. Interview with the Director of Human Rights and Humanity, Ministry of Foreign Affairs on April 12^th, 2017

In relation with its neighbouring countries policy who serve as destination country for refugees, Indonesia deeply regrets the attitude of UNHCR member states that strongly refuse refugees entering the territory of their country. The Australian Government for example The country has lightly refused the arrival of Rohingya refugees. Australian Prime Minister Tony Abbott has rejected the presence of asylum seekers. He said, "Nope, nope, nope, we have a very clear humanitarian program about refugees,". Mechos De Larocha. Tolak Kehadiran Pengungsi, Indonesia Kecam Australia. Diakses dari https://m.tempo.co/read/news/2015/05/21/120668238/tolak-kehadiran-pengungsi-indonesia-kecam-australia,

The Rohingya refugee problem has been agreed upon as an international issue, so that handling and settlement must be the responsibility of all parties (burden sharing and sharing sharing). Arramanatha Foreign Ministry spokesman Christiawan Nasir explained that "we see that this is an international humanitarian problem, it can also be said to be an international humanitarian crisis, so in this context it is not just the responsibility of certain countries, but the need for the generosity of the international community both in Regionally and globally to help solve this problem." Natalia Santi. Indonesia Desak Internasional Urun Tanggung Jawab Atasi Rohingya. Diakses dari https://m.tempo.co/read/news/2015/05/21/118668272/indonesia-desak-internasional-urun-tanggung-jawab-atasi-rohingya

3.5 Civil Society Response

Securitization of Rohingya refugee by the state actor especially the Indonesian Military (TNI) has sparked hard responses by civil societies in Indonesia both national and international NGOs. The Indonesian government's policy of bringing boatmen out of the Indonesian territory has attracted protests from various groups, both domestically and abroad.

The refusal of some countries against Rohingya refugees, invited the spotlight of international camera lenses to raise this issue on the surface. The rejection by some of these countries has received various responses in the eyes of the international community. The international eye is on the refusal of some countries against the Rohingya refugees amid the plight of the displaced people. Starvation to death continues to be a fear that continues to haunt the ship's humanity, so many eyes see this issue as a very humanitarian issue. The refusal of boat people is cruelty and is a violation of one's right to life.

As a result of the expulsion statement by the TNI apparatus, the UN urged Southeast Asian countries especially Indonesia, Malaysia and Thailand to move the refugees. On 19 May 2015 three United Nations agencies, such as the Human Rights Office in Geneva, UNHCR and International IOM issued a joint statement regarding the Rohingya refugee crisis in Southeast Asia. The three agencies are urging the governments of Indonesia, Malaysia and Thailand to act quickly to rescue the refugees who are stuck in the middle of the sea with terrible conditions. The three agencies also requested that Indonesia, Malaysia and Thailand allow refugee ships to dock in their territory and most importantly no further eviction or recall of refugee ships into the sea. The relevant countries are also urged to immediately provide a safe destination for refugees to stay temporarily and establish procedures to identify those who need international protection as refugees. Hendra Pasuhuk. PBB Desak Indonesia, Malaysia dan Thailand Selamatkan Pengungsi. Diakses dari http://www.dw.com/id/pbb-desak-indonesia-malaysia-dan-thailand-selamatkan-pengungsi/a-18458432

The most visible actors of non-governmental actors are UNHCR Indonesia, IOM Indonesia and several Indonesian humanitarian activist groups such as JRS and SUAKA. Rohingya case is closely related to humanitarian problems, they are an ethnic group that got their rights violations by the government of Myanmar and their right to live safe in other countries was rejected.

UNHCR continues to encourage policy makers and all elements of Indonesian society that Rohingya refugees are not a threat to the state or society. According to Thomas Vargas refugees should be given the opportunity, because refugees often make valuable contributions to the host community. Eva Nila Sari. MoU Komnas HAM dan UNHCR Dorong Perlindungan Pengungsi dan Pencari Suaka. Diakses dari http://www.komnasham.go.id/kabar-latuharhary/mou-komnas-ham-dan-unhcr-dorong-perlindungan-pengungsi-dan-pencari-suaka,

The idea of receiving and assisting Rohingya refugees and brain wash that Rohingya refugees is not a threat to the Indonesian nation is framed by actors through the media. The media serve as a tool for disseminating the understanding of the importance of human rights. Through the media, the actors visualize the conditions and circumstances of Rohingya refugees are all lacking, so as to attract more public sympathy. The media was able to explain the conditions of refugees with food, drink, and even some deaths. Yon Dema. Ditolak Sana-Sini, Pengungsi Rohingya Minum Urine untuk Hidup. Diakses dari https://m.tempo.co/read/news/2015/05/15/118666416/ditolak-sana-sini-pengungsi-rohingya-minum-urine-untuk-hidup, Not only electronic media or print media, ideas or ideas to save Rohingya refugees are also disseminated through cyberspace. One way to attract cyberspace to the issue of saving Rohingya is to use a hastag save Rohingya. Although it looks very simple, but this effort is quite very successful. Proven many people who talkative or deliberately typing hahstag #SaveRohingya in various social media such as Facebook, Twitter, Instagram, etc. Hashtag #SaveRohingya itself is interpreted as a sympathetic form and concern of the virtual world to the conditions experienced by Rohingya refugees.

Framing through electronic media, print media and social media deliberately done by the actors so that all people can understand and accept the ideas they are presenting. Efforts to utilize the media by civil society are able to attract public attention, so solidarity and support of the public and the international community flows for Rohingya refugees.