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Collaborative Governance in Government Administration in the Field of State Security Along the Republic of Indonesia (RI)-Malaysia Border Area

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International Journal of Management Science and Business Administration

Volume 10, Issue 3, March 2024, Pages 65-79

Collaborative Governance in Government Administration in the Field of State Security Along the Republic of Indonesia (RI)-Malaysia Border Area

DOI: 10.18775/ijmsba.1849-5664-5419.2014.103.1004

 URL: https://doi.org/10.18775/ijmsba.1849-5664-5419.2014.103.1004

Helmi Kwarta, Rahayu, Hardi Warsono, Ida Hayu Dwimawanti

Doctoral Program of Public Administration

Faculty of Social and Political Sciences, Diponegoro University

Abstract: In recent decades, new forms of government have emerged to replace managerial models in policy making and execution. According to (Chris Ansell & Alison Gash, 2007), collaborative governance is a concept used by the government to regulate the involvement of nongovernmental parties in formal, consensus-oriented, and deliberative collective decision-making processes that aim to create and implement public policies and manage public programs or assets. This study aims to analyze and describe the collaborative government carried out in the Implementation of the State Mission in the Field of State Border Security between the Republic of Indonesia and Malaysia in North Kalimantan Province. The results show that the collaboration carried out to combat crime in the RI-Malaysia border area has not been optimal. This is based on the high crime rate that occurred in 2018 in the North Kalimantan Province area, which is directly adjacent to Malaysia in the form of illegal logging (as much as 200,000 m³). Foreign fishermen who abet illegal fishing amounted to 474 vessels, the arrest of illegal Indonesian migrant workers captured in Malaysia in 2018 was 6,135 people, and the number of drug smuggling cases increased due to 890 incidents in the border area of Malaysia in North Kalimantan Province. Therefore, to overcome these problems, powerful collaboration among government institutions, the private sector, and the community is needed to support effective communication and coordination to create a conducive atmosphere, crime eradication, and rules of order between the RI-Malaysia border area in North Kalimantan Province.

Keywords: Collaborative governance, Transnational crime, Border area,  Policy implementation, and North Kaliamantan province

1.Introduction

The border area is a strategic area for maintaining the territorial integrity of the country, and special management is needed. The management of state boundaries and border areas is needed to provide legal certainty regarding the scope of state territory, management authority, and sovereign rights and is carried out with joint welfare, security and environmental sustainability approaches. This country has the second longest coastline in the world, with a coastline of 81,900 km, an area of 5,193,250 km², a sea area of 3,116,163 km² and a land area of 2,027,087 km². Due to its large area, Indonesia is faced with complex border problems. These challenges and problems faced by Indonesia domestically are more structural-administrative in nature. Indonesia’s ability to overcome problems of delimitation, delineation, demarcation, and new nontraditional threats and its ability to adapt and interact with other neighboring countries are also externally related.

Indonesia, which is geographically positioned between two continents (Asia and Australia) and two oceans (Pacific Ocean and Indian Ocean), has a strategic position in regional and global geopolitics and geoeconomics. This position, on the one hand, provides great opportunities for Indonesia but, on the other hand, also provides various challenges and threats. With an archipelagic area consisting of 17 thousand islands with a water area of 5.8 million km2, Indonesia has great vulnerability to territorial/border problems. Indonesia’s territorial land borders are directly bordered by Malaysia, Papua New Guinea (PNG) and Timor Leste. The sea area of Indonesia borders 10 countries, namely, India, Thailand, Malaysia, Singapore, Vietnam, the Philippines, the Republic of Palau, Papua New Guinea (PNG), Timor Leste and Australia (H. Z. Abidin et al., 2005). The sea border area includes the outermost small islands, with a total of 92 islands. Some of the islands still need more intensive arrangement and management because of the tendency to face problems with neighboring countries.

The management of state boundaries and border areas currently faces complex problems, both in terms of delimitation, demarcation and delineation, defense and security, law enforcement issues, and regional development. The mandate of the Proclamation of Independence, in the past 76 years, has stated that “The transfer of power, etc., shall be carried out in a careful manner and in the shortest possible time. Similarly, in the Preamble to the 1945 Constitution, it has been stated that (1) the state protects the whole nation and all bloodshed and (2) it promotes general welfare and educates the life of the nation. That is, maintaining the sovereignty of the Republic of Indonesia in terms of land, sea, and air areas, including citizens, maritime boundaries, islands and natural resources, is absolutely important. However, until now, there are still several boundary segments that have not been completely agreed upon with neighborhood countries so that they can threaten the sovereignty and territorial integrity of the Republic of Indonesia (N. E. J. Abidin & Deliarnoor, 2018).

 

                                               Figure 1: Map of the Indonesian Territory Area

According to , the border area in reality (Prabowo et al., 2022)has a vital and strategic meaning, one of which is seen from the point of view, namely, significant defense security. As areas that directly border other countries, border areas are an integral part of the territorial territory of the Unitary State of the Republic of Indonesia, whose sovereignty must be maintained and managed, especially those related to national borders. In addition, border areas can also serve as entry points for national security threats that are vulnerable to being infiltrated by transnational crime networks (TOCs), such as terrorism, human trafficking, drug trafficking, illegal logging, and illegal arms trafficking. Therefore, the concentration of border area security must continue to be improved to maintain security stability.

 

2. Literature Review

2.1 Collaborative

Collaboration is a general term that is often used to describe a pattern of cooperative relationships carried out by more than one party. There are various notions of collaboration proposed by various experts with diverse points of view. These various understandings are based on the same principles, namely, togetherness, cooperation, sharing duties, equality, and responsibility. However, fully and thoroughly defining the concept of collaboration is not easy. Generally, collaboration is a relationship between organizations that participate and mutually agree to jointly achieve goals, share information, share resources, share benefits, and take responsibility for making joint decisions to solve various problems. (Lai, 2011) stated that collaboration is a process in which various parties with similar ideas participate in making decisions and solving problems and are classified by similar backgrounds, such as thinking frameworks, educational backgrounds, and similar goals.

This definition explains that collaboration is joint involvement in a coordinated effort to solve problems together. Collaborative interaction is characterized by a common goal, a symmetrical structure with a high level of negotiation through interactivity and interdependence. Collaboration is not limited by a certain time or period; as long as there are still affairs that have intersections or intersections with other parties, collaboration is still needed. Collaboration involves several parties at the individual, work group, and organizational levels. In carrying out collaboration, it is very important to understand the performance of public institutions. Therefore, collaborative studies focus more on the organizational level of public sector organizations (Whitford et al., 2010).

In fact, the purpose of collaboration is to achieve common goals by supporting each other. (Amsler & O’Leary, 2017) mentioned that collaboration is a form of social process in which certain activities are aimed at achieving common goals by supporting each other and understanding each other’s activities. Similarly, (García Garcís, 2014) stated that “collaboration means working together to achieve a common goal. It is the most basic social process. Usually, collaboration involves the division of tasks, where each person does every job as part of their responsibility for the achievement of a common goal.

 

2.2 Governance

Starting in the late 1980s, the term governance started to be used in a different sense. When the term governance was popularized, the change in the use of the term from government to governance was intended to indicate the need for a wave of reform in the field of government. The use of the term governance as a concept that is different from government has been popularized effectively by the World Bank since 1989. In a report entitled “Sub-Saharan Africa: From Crisis to Sustainable Growth”, the World Bank (1989) defined governance as “exercise of political power to manage nation”. In this report, the World Bank emphasized that political legitimacy and consensus are prerequisites for sustainable development (Pereira, 2016).

According to (Achwan & Ganie-Rochman, 2009), the concept of “governance” involves not only the government and state but also the role of various actors outside both the government and the state, as the parties involved are also very broad. Governance is a mechanism for managing economic and social resources that involves the influence of the state sector and the nongovernment sector in a collective activity.

2.3 Collaborative Governance

In recent decades, new forms of government have emerged to replace managerial models in policy making and execution. Collaborative governance involves both public and private stakeholders in a collective forum along with public institutions to engage in consensus-oriented decision making. (Chris Ansell & Alison Gash, 2007) defined collaborative governance as follows: the government structure that classifies various public agencies is related to nonstate stakeholder involvement in the process of decision-making determination in such forums, discussion groups concerning the creation or execution of public policy, and the arrangement of both program and asset communities.

In other words, collaboration is an attempt to create two rules governing or more institutions that are concerned about public affairs either directly or indirectly. These institutions share an interest in regulating nonstate affairs. Collaboration has a long grace period. This is what distinguishes collaboration from cooperation within a team. As a process, collaboration is an ongoing interaction among several people (Anderson & McFarlane, 2014). In collaboration, joint planning is needed to ensure that the responsibility for its implementation becomes a shared responsibility. (Lindeke & Sieckert, 2005) mentioned that collaboration is a complex process that requires knowledge sharing that is planned, deliberated, and becomes a shared responsibility. In collaboration implementation, each party must have both a formal attachment and a strong commitment to what was agreed upon at the beginning. The tasks are fully entrusted to each party while still carrying out coordination in planning and implementing programs that concern the public interest.

3. Research Method

The analysis of the study was conducted by researchers through a literature review that was widely related to the occurrence of crime problems between the Republic of Indonesia-Malaysia border area in North Kalimantan Province. By studying various studies and the results of previous studies compiled from various surveys of data that have existed previously. According to a study by (Snyder, 2019), literature reviews are conducted from various points of view, theory and journals, to study the collaboration that has been carried out by various parties in handling the security sector in the North Kalimantan Province area, which is the Republic of Indonesia-Malaysia border. The results of the data analysis used in this study were obtained from various parties, including the National Border Management Bandan (BNPP), the Ministry of Marine Affairs and Fisheries, the Ministry of Manpower, the Criminal Investigation Agency of the Indonesian National Police, and the North Kalimantan Police. This community-based information is used by researchers in determinant analysis related to criminal incidence concerning the security sector in the country’s border areas to improve security in these regions.

4. Results

4.1 Collaborative Governance in the Field of State Security Between Republic of Indonesia-Malaysia Border Area, North Kalimantan Province

(Achwan & Ganie-Rochman, 2009; Jusman Iskandar et al., 2019)According to , the concept of governance involves not only the government and state but also the role of various actors outside the government and state, in order for the parties involved to be broader. Governance is a mechanism for managing economic and social resources that involves the influence of both the state and nongovernmental sectors in a collective activity. The human resources involved in border management in the state security sector include the National Border Management Agency (BNPP), the Regional Border Management Agency (BPPD), the Indonesian Army/Navy, the Indonesia National Police, the Directorate General of Customs and Excise, Immigration, and several private parties, both companies and indigenous peoples, in this border area.

The large number of actors involved in maintaining the security of the country’s territorial borders does not guarantee the creation of security collaboration, especially at the territorial borders between countries in North Kalimantan Province. Many problems that occur at the border between countries in Kalimantan Province are illegal logging, illegal fishing, drug smuggling, and illegal migrant worker smuggling. All of these findings are illustrated in the following figure.

 

Figure 2: Results of Illegal Logging Arrested

According to the above illustration, forest products (timbers) are illegal trade commodities with the largest volume in the border area from North and West Kalimantan to Malaysia. The illegal timber trade that passes through the border area of North Kalimantan is estimated at 200,000 m³. Meanwhile, those passing through the land border area in West Kalimantan (Entikong and Badau) are estimated at 720,000 m³. This figure does not include timber smuggling by rivers into the Malaysian territory, which is estimated at 500,000 m³.

Smuggled timber from illegal logging was obtained from former Forest Concession Rights (ex-HPH) areas and 100-hectare Forest Product Utilization Rights (HPHH) lands that have expired. They are not only from areas designated for logging activities but also from many smuggled timber from conservation areas that should be sterile from logging activities, for example, from Kayan Mentarang National Park in East Kalimantan and Gunung Palung and Betung Karihun National Parks in West Kalimantan.

The smuggling that is occurring today is limited to wood commodities, and some companies have begun to bring heavy equipment spare parts from Malaysia without being equipped with valid documents. In addition, there are some incidents of carrying and transporting kite fish and houses from Tawau, Malaysia, which are distributed to Tarakan city without being equipped with health certificates from the place of origin and transit, as well as unreported to the relevant agencies.

Smuggling involves not only illegal logging with high intensity in terms of timber smuggling but also illegal fishing carried out by many foreign vessels, including Malaysian fishing boats caught in Indonesian waters in West Kalimantan Province. This case could be proven through the following illustration, which was successfully captured and blown up by the Ministry of Marine Affairs and Fisheries in West Kalimantan Sea waters in 2018.

 

Figure 3: Number of Sailing Boats on Illegal Fishing

According to the picture above, 474 vessels caught illegally fishing on sailing boats in West Kalimantan Province from 2014 to 2018. In addition, Malaysia, which is included in West Kalimantan Province, is the third highest country that conducts illegal fishing in Indonesian waters, with the number of sailing boats caught reaching 73 vessels after Vietnam and the Philippines. This case indicates that border waters with neighboring countries in West Kalimantan and its surroundings are still very vulnerable to illegal fishing by fishermen from neighboring countries such as Malaysia, Vietnam, the Philippines, Thailand, and Papua New Guinea.

This case involves not only illegal logging and fishing occurring in the border areas between Indonesia and Malaysia but also the mobility of illegal migrant workers, which is a crucial problem in the Indonesia-Malaysia border area. The border area is the exit/entry and transit area for migrant workers from other regions to cross into neighboring countries illegally (without being equipped with official documents) or the area of return (deportation) of illegal migrant workers from neighboring countries.

 

Figure 4: Number of Illegal Indonesian Workers Captured in Malaysia into Kalimantan Province.

According to the illustration above, the number of illegal Indonesian workers caught in Malaysia and entering through Kalimantan Province is greater than that in other countries, such as Bangladesh, the Philippines, and Myanmar. There were 6,135 Indonesian illegal migrant workers caught in Malaysia in 2018. There were 3,043 illegal workers from Bangladesh, as there were as many as 1956 illegal workers from the Philippines, and as many as 1,748 from Myanmar.

The facilities provided to communities living in border areas in terms of permission to travel to neighboring countries by using cross border passes are also often used illegally for work purposes. Illegal migrant workers are particularly vulnerable to human trafficking practices because being unequipped with official documents allows them to easily become objects of exploitation, from the departure process to their place of work.

Transnational crime, such as drug smuggling, has become a major concern in current enforcement by authorities, especially in border areas. This result was confirmed in 2014 by the fact that drug smuggling carried out by Indonesian citizens in Malaysia was the highest compared to the results obtained for arrests in other countries. According to the figure below, there are 72 Indonesian citizens caught in Malaysia by land or sea. Meanwhile, 11 Indonesian citizens were caught in Hong Kong in drug cases. In Saudi Arabia and Thailand, 7 Indonesian citizens were caught carrying drugs each. The number of arrests of Indonesian citizens in the territory of the State of Malaysia because it is located close to Indonesia as well as because of the arrest of illegal migrant workers sent from Indonesia to Malaysia.

 

Figure 5: Indonesian Drug Arrest Cases in Some Regions of the Country.

One of the provinces that has reached the target entrance and exit of drug smuggling is North Kalimantan Province. This topic has become the focus and locus of current research, and the main problem in the field of state security in the border sector is narcotics smuggling. This condition can be illustrated from the prominent crime problem map shown in the f-ollowing figure.

Based on the figure above, it can be proven that the number of drug cases in North Kalimantan Province increased linearly from 2013 to 2017. The largest increase in drug cases in North Kalimantan Province occurred in 2016, with an increase rate of 34.1% from the previous year. In addition, it experienced a return increase from 7% in 2017 to 47.4%.

Maintaining the sovereignty of the Republic of Indonesia is the main effort to realize one of the national goals, as stated in the preamble to the 1945 Constitution, namely, protecting the entire nation and all Indonesian bloodshed. Indonesia, which consists of more than 17 thousand islands, is the largest archipelagic country and has a very wide area of sea jurisdiction. Furthermore, a geopolitical and geostrategic ally, Indonesia, occupies a strategic and decisive position in the world and regional social system. Therefore, the problem of Indonesia’s border planning with neighboring countries often becomes an international issue that, if not addressed wisely, will cause vulnerabilities to conflicts, especially with neighboring countries.

Based on the figure above, it can be seen that in five districts/cities in North Kalimantan Province, namely, Nunukan, Malinau, Bulungan, Tana Tidung and Tarakan City, these crimes are the main targets of enforcement by authorities. For several years, the trend has increased. This can be seen in the following figure. 

 

Figure 6: Drug Crimes in the RI-Malaysia Border Area in North Kalimantan Province.

Figure 7: Number of Drug Cases in North Kalimantan Province, 2013-2017

 

 

5.The Role and Function of Institutions in Implementing Collaborative Governance in the Security Sector Between Republic of Indonesia-Malaysia Border Area in North Kalimantan Province

The human resources involved in carrying out border management in the state security sector include the following: the National Border Management Agency (BNPP), the Regional Border Management Agency (BPPD), the Indonesia Army/Navy, the Indonesia National Police, Customs, Immigration, and several private parties from companies and indigenous peoples in the border area. There are many actors involved in maintaining the security of the country’s territorial borders, especially between the Republic of Indonesia and the Malaysia border in North Kalimantan Province. Collaborative cooperation between government agencies, communities and other stakeholders is needed to safeguard border areas from crime threats. Currently, government institutions that handle state borders have sectoral egos of their respective roles and functions that vary from one another. Collaborative governance in the security sector carried out between the Republic of Indonesia-Malaysia border area in North Kalimantan Province has not been able to reduce the level of crime or criminality in the form of illegal logging, illegal fishing, illegal migrant worker smuggling, or drug smuggling.

The role of military acts as a state security tool in the field of defense, which involves carrying out its duties based on state policies and political decisions. FUNCTION (1) Military, as a means of state defense, functions as deterrence against any form of military threat and armed threat from outside and within the country to the sovereignty, territorial integrity, and safety of the nation; taking action against any form of threat, as referred to in paragraph (1) letter a; and restoration of the state security conditions disturbed by security chaos. (2) In carrying out the functions referred to in paragraph (1), Military is the main component of the state defense system.

The duties and functions of customs, as they are directly under the minister of finance, involve the formulation and implementation of policies in the fields of supervision, law enforcement, services and optimization of state revenues in the field of customs and excise in accordance with the provisions of laws and regulations. Therefore, they have the following functions: formulate policies in the field of law enforcement, services and supervision, and optimization of state revenue in the field of customs and excise; implement policies in the field of supervision, law enforcement, services and optimization of state revenue in the field of customs and excise; formulate norms, standards, procedures, and criteria in the field of supervision, law enforcement, services and optimization of state revenue in the field of customs and excise; provide technical guidance and supervision in the field of supervision, law enforcement, services and optimization of state revenue in the field of customs and excise; carry out monitoring, evaluation, and reporting in the field of supervision, law enforcement, services and optimization of state security in the field of customs and excise; carry out the administration of the Directorate General of Customs and Excise and other functions assigned by the Minister of Finance.

Meanwhile, in the traditional Cross-Border Post, immigration has an important and strategic role in supporting the development of border areas, namely, providing services and supervising population traffic around the border line. According to a study by (Iwan et al., 2022) concerning immigration, immigration functions at cross-border posts are carried out by immigration officials. Therefore, its role becomes very important because the Immigration Officer has the authority to refuse a Foreign National who will enter Indonesian Territory regarding the following: A. Their name is listed in the Disclaimer list; B. They do not have a valid Travel Document; C. They take false Immigration documents; D. They do not hold a Visa, except those who are exempt from the obligation to have a Visa; E. They have misrepresented obtaining a Visa; F. They are suffering from infectious diseases that endanger public health; G. They are involved in international crimes and transnational organized crimes; H. Their identity list in as the fugitive persons to be arrested from a foreign country; I. They engage in treason activities against the Government of the Republic of Indonesia; or J. They are entangled in a network of prostitution, trafficking, and people smuggling practices or activities. (2) Foreigners who are denied entry will be placed under temporary supervision pending the relevant repatriation process.

In addition, the task function of the National Border Management Agency aims to determine objectives such as border development program policies, budgeting necessity plans, coordinating implementation, and carrying out evaluation and supervision of the management of state boundaries and border areas. In carrying out these duties as intended, the Border Area Development Strategy (BNPP) carries out the following functions: A. Preparing and determining master plans and action plans for the development of State Boundaries and Border Areas; B. Coordinating the determination of policies and the implementation of development, management and utilization of State Boundaries and Border Areas; C. Managing and supporting the affirmation, maintenance and security of State Boundaries; D. Inventorying of potential resources and recommendations for the establishment of zones for economic, defense, sociocultural, environmental and other zones in the Border Area; E. Preparing programs and policies for the development of transportation facilities and infrastructure as well as other facilities in the Border Area; F. Preparing the development budgets and management of State Boundaries and Border Areas in accordance with the priority scale; G. Implementing, controlling and supervising as well as evaluating and reporting on the development implementation and management of State Boundaries and Border Areas.

Along with potential threats that are not light and diverse social, economic and cultural conditions, the Indonesian nation and state need the ability to continue improving cooperation and diplomatic relations together with neighboring countries so that these efforts to dispute border demarcation do not drag on and prioritize negotiations or diplomacy without ruling out defense and security aspects.

6.Conclusion

Collaboration is understood as cooperation between actors, organizations or between institutions to achieve goals that cannot be achieved or carried out independently. However, overcoming crime between the Republic of Indonesia and the Malaysia border area cannot be performed independently by one or two ministries/government agencies alone. However, it needs to be implemented collaboratively through the role of the government, private and community sectors. Therefore, concerning the results of the research above, some recommendations to be able to realize effective collaboration between the government, private sector, and community in handling state border areas in the security sector that need to be done are classified as follows:

Improving the socioeconomic living conditions of the community can improve the living standardization and welfare of border communities that require the integration of work between departments related to the fields of economy, education, public works and natural resources.

The improvement of human resource quality (education, health, and skills), evenly distributed across regions, can be enhanced to achieve adequate community welfare by preserving local sociocultural values resilient to foreign cultural influences.

Creating opportunities and fostering investment in regional development, backed by institutional commitment and sufficient funding derived from local natural resources, alongside private and community participation.

Collaborating and coordinating among stakeholders in natural resource management, population equilibrium, and equity enhancement, while enhancing regional infrastructure and facilities (transportation, communication, electricity, clean water, health, education, and markets).

Reforming laws and regulations through inventorying, coordinating, refining, and regulating processes, followed by socialization, implementation, supervision, and enforcement for effective law enforcement.

Departments related to the border sector, including the Ministry of Defense, Ministry of Foreign Affairs, Ministry of Home Affairs, Janhidros National Indonesia Army, National Coordinating Board for Surveys and Mapping, Indonesia National Police, and Industry and Trade Service, collaborate to formulate concepts and agreements for addressing border problems related to defense, security, and political aspects. This includes the determination of state borders, construction of cross-border posts, exploitation of natural resources (both land and sea), utilization of buffer areas, and establishment of security belts.

Additionally, the Ministry of Defense, TNI Headquarters, National Police, Ministry of Forestry, and other relevant institutions, both governmental and private, strive to promote legal certainty in the operationalization of border area development. This serves as a crucial benchmark for success and ensures the continuity of national development efforts.

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