p–ISSN: 2723 - 6609 e-ISSN: 2745-5254
Vol. 5, No. 11 Nobember 2024 http://jist.publikasiindonesia.id/
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4932
Challenges and Measures to Counteract Passport Data
Falsification in Indonesian Migrant Workers: A Review of the
Circular Letter of the Director General of Immigration of the
Republic of Indonesia Number: IMI-GR.01.01-0252 of 2023
Ari Arianto
1*
, Muhammad Sya’roni Rofii
2
Universitas Indonesia, Jakarta, Indonesia
Email:
*Correspondence
ABSTRACT
Keywords: Passport, Data
Falsification, Indonesian
Migrant Workers,
Directorate General of
Immigration.
The phenomenon of passport ownership with false data by
Indonesian Migrant Workers who are working abroad is a problem
that is difficult to eliminate, because there are still many
prospective workers who think that the bureaucracy of making
passports is difficult. The purpose of this study is to identify the
challenges and countermeasures against passport data falsification
in Indonesian Migrant Workers, through a review of the Circular
Letter of the Director General of Immigration of the Republic of
Indonesia Number: IMI-GR.01.01-0252 Year 2023. This research
uses a qualitative secondary research approach that allows a
researcher to compare other researchers' perspectives on the same
case, in order to provide additional understanding. The research
findings show that there are still many Indonesian Migrant
Workers who are not aware of the dangers that may arise from
using passports with fake identities, from being exposed to legal
problems, losing their employment rights, to the threat of not
being recognized for their citizenship status. In the conclusion,
this research found that although the Directorate General of
Immigration tries to use more persuasive regulations, these efforts
also need to be accompanied by the application of immigration
control functions as a form of prevention in preventing the
increase of non-procedural Indonesian Migrant Workers.
Introduction
Becoming Migrant Worker, perhaps for most people, remains an interesting thing
to do, especially for people who come from countries like Indonesia. The limited number
of jobs available every year, the number of unemployed in Indonesia which is still quite
high, and the hope of getting a better livelihood and higher wages, are some of the reasons
for Indonesian Prospective Migrant Workers to look for work in other countries
(Hasbiyalloh et al., 2024). Even in 2023, the Indonesian Migrant Workers Protection
Agency (BP2MI) noted that there are around 270 thousand Indonesian Migrant Workers
working abroad (Pratiwi, 2024).
Based on the Regulation of the Indonesian Migrant Worker Protection Agency of
the Republic of Indonesia Number 7 of 2022 concerning the Pre-Employment Process for
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4933
Prospective Indonesian Migrant Workers in Article 2, Article 6 and Article 9, to be able
to work abroad as an Indonesian Migrant Worker in accordance with the procedures, there
are several requirements and administrations that must be met by a prospective
Indonesian Migrant Worker. The requirements that must be completed are, for example,
at least 18 years old, have a marital status certificate, have a certificate of husband or wife
permission and parental or guardian permission known by the village head or village
head, have training and work competency certification, have a health certificate and
national health insurance membership card, have documents required by the recipient
country, have travel documents in the form of an active and valid Indonesian Passport
and have a work visa, have an assignment letter or work agreement, have proof of
participation in Employment Social Security, and also have a permit from the Minister or
appointed official (Indonesian Migrant Workers Protection Agency, 2022).
Regarding the completeness of the registration requirements that must be met, it
turns out that there are still Non-Procedural Indonesian Migrant Worker Candidates in
the process. Non-Procedural Indonesian Migrant Worker Candidates themselves are
Indonesian Migrant Workers who use non-procedural methods to be able to meet the
necessary administrative requirements for registration, such as by using forged identity
documents (Kurnianingrum, 2023). The Non-Procedural Indonesian Migrant Worker
Candidates, in general, use non-procedural methods due to the emergence of a negative
assumption, that to collect the requested administrative requirements, it takes a long time,
due to the complexity of the bureaucratic process in Indonesia (Gaol et al., 2023). In
addition, many of the Indonesian Migrant Worker Candidates are more interested in the
assistance offered by non-procedural Indonesian Migrant Worker delivery service
providers, because it is considered easier for the Indonesian Migrant Worker Candidates
in the registration process (Perova & Purnamasari, 2019).
Non-Procedural Indonesian Migrant Worker delivery service providers usually
offer assistance services for Indonesian Migrant Worker Candidates, so that these
prospective migrant workers can quickly complete the administration of the required
registration requirements. However, the method is usually in the form of a non-procedural
method, such as by increasing the age of the prospective worker by changing his identity
document (Nguyen, 2021). In addition, the person also offers services related to the
passport making process for Prospective Indonesian Migrant Workers. Usually, non-
procedural Indonesian Migrant Worker delivery service providers offer to use fake data
and identity documents or identity documents owned by other people, to make it easier
for prospective migrant workers not to have difficulties in the passport making process
(Soraya, 2021).
In addition to being considered to have violated the provisions of the law as stated
in Law No. 6 of 2011 concerning Immigration Article 126, related to the use of
unauthorized data and providing information with incorrect data to obtain travel
documents (Undang-Undang (UU) Nomor 6 Tahun 2011 Tentang Keimigrasian, 2011).
The existence of forms of fraud in the passport making process is also considered a
vulnerability for the prospective migrant workers themselves. Theoretically, vulnerability
Ari Arianto, Muhammad Sya’roni Rofii
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4934
can be interpreted as a description of a vulnerable and dangerous situation, so that a
human can try to reduce the impact and risks that may arise, but it must still be underlined
that a vulnerability can occur beyond human prediction and control (Finema, 2010). In
such cases, a form of vulnerability can be seen from the condition of prospective migrant
workers, who may ultimately be threatened because they do not have the ability to deal
with the dangers and negative impacts that may arise, from the use of false identities and
data written on the passports of these migrant workers when they have started working
abroad (Constable, 2024).
Passport is an official travel document issued by the authorities in a country to its
citizens, with the purpose of being a sign of identity and proof of citizenship for a person
when abroad (Undang-Undang (UU) Nomor 6 Tahun 2011 Tentang Keimigrasian, 2011).
With the emergence of forms of document forgery carried out by Non-Procedural
Indonesian Migrant Worker Candidates during the passport making process, it is feared
that if at any time the Indonesian migrant worker candidates get legal problems in the
recipient country, then the migrant worker candidates will lose their protection rights due
to the data difference between the passport and the identity data and original documents
they have (Soraya, 2021).
In many cases in Hong Kong, for example, these migrant workers are also
threatened with losing their rights in the form of unpaid wages, if they have problems
with their employers or the company where they work. This is because the migrant
workers cannot claim their rights before the laws of the receiving country, as a result of
the data discrepancy between the passport and the real identity data that the migrant
workers have in Indonesia (Constable, 2024). In the worst possible scenario, the use of
non-procedural methods carried out by these non-procedural Indonesian Migrant
Workers to be able to work abroad, makes these migrant workers vulnerable to becoming
victims of the Crime of Trafficking in Persons (TPPO) (Kurnianingrum, 2023).
The state has the authority to provide directions to relevant government institutions,
to increase the resilience of vulnerable parties, because humans are creatures who are
vulnerable to a sense of dependence, and therefore the state has an obligation to be able
to reduce, improve, and provide solutions to the forms of vulnerability that arise in society
(Kohn, 2014). In this regard, the Directorate General of Immigration of the Republic of
Indonesia (Ditjen Immigration) is trying to use more persuasive methods in its efforts to
reduce the number of Non-Procedural Indonesian Migrant Workers working abroad,
namely by implementing a zero rupiah fee for Prospective Indonesian Migrant Workers
who want to work abroad (Ministry of Law and Human Rights of the Republic of
Indonesia, 2020). In addition, the Indonesian Migrant Worker Candidates also no longer
need a letter of recommendation from the relevant Ministry or Institution, to be able to
apply for a passport (Directorate General of Immigration, 2023).
The two things mentioned above are regulated in the Circular Letter of the Director
General of Immigration of the Republic of Indonesia Number: IMI-GR.01.01-0252 of
2023 and the Regulation of the Minister of Law and Human Rights of the Republic of
Indonesia Number 9 of 2020 which regulates the requirements and procedures for the
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4935
application of a zero rupiah tariff for applicants who apply for a 24-page passport. The
persuasive methods that the Directorate General of Immigration is trying to carry out are
based on the fact that many Indonesian Migrant Worker Candidates choose non-
procedural ways to obtain passports, due to reasons such as the length of the passport
process due to the many administrative requirements and completeness that must be met,
as well as insufficient funds to make passports (Humas Ditjen Imigrasi RI, 2023). Based
on this, the Directorate General of Immigration is trying to make it easier for these
prospective migrant workers to get passports. This is so that the prospective migrant
workers can work abroad as a legal Indonesian Migrant Worker and in accordance with
applicable procedures.
Examining the introduction that has been compiled above, the questions that arise
are:
1. What is the importance for an Indonesian Migrant Worker to have a passport with
identity and data that matches the original identity document he or she has in the
passport making process? These questions will be discussed in this article by trying
to identify:
a) The importance of a passport as a sign of identity and proof of citizenship for a
person when abroad;
b) The risks that arise from the use of false identities, when a prospective Indonesian
Migrant Worker makes a passport and uses it to be able to work abroad;
2. What actions must be taken to complement the persuasive efforts being carried out by
the Directorate General of Immigration through the policy of providing zero rupiah
rates and providing ease of passport requirements for prospective Indonesian Migrant
Workers? These questions will be discussed in this article by:
a) Identifying the Circular Letter of the Director General of Immigration of the
Republic of Indonesia Number: IMI-GR.01.01-0252 of 2023, Regulation of the
Minister of Law and Human Rights of the Republic of Indonesia Number 9 of
2020 which regulates the requirements and procedures for the application of a
zero rupiah tariff for applicants who apply for a 24-page passport, as well as
other regulations related to the process of making an Indonesian passport for
Prospective Indonesian Migrant Workers;
b) Identify the immigration supervision function, which is implemented by the
Directorate General of Immigration during the interview process and
examination of the required documents for each passport applicant, to ensure the
authenticity and validity of the data and information provided.
Method
In conducting this study, the researcher uses a qualitative secondary research
approach as his research method. In general, qualitative secondary research can be
interpreted as a form of research, which is systematic and analytical in its approach to the
use of pre-existing data, with the aim of providing an additional or different understanding
of the problem (Largan & Morris, 2019). Qualitative secondary research, using a
Ari Arianto, Muhammad Sya’roni Rofii
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4936
combination of various types of data and documents to allow one researcher to compare
with other researchers' perspectives on the same case (Hodder in Largan & Morris, 2019).
In this way, researchers have the opportunity to find additional ideas or findings on
previous studies, by raising and exploring new research questions (Hinds, Vogel &
Clarke-Steffen in Largan & Morris, 2019).
A qualitative secondary research approach is used by researchers to provide
additional understanding of the efforts made by the Government of Indonesia through the
Directorate General of Immigration, to overcome the vulnerabilities owned by Indonesian
Migrant Workers, related to the use of passports with data that does not match their
original identity. The data sources to be used are secondary data derived from books,
articles, scientific journals, laws and regulations, reports, and news, which are considered
relevant and appropriate to be able to answer research questions. With so many data
sources available, it is very important for researchers that the results of their data searches
prioritize quality over quantity. This can be done by, checking the correctness of the data
to be used, and reducing data that is considered irrelevant to the topic and question of the
research (Scott in Largan & Morris, 2019),
In the process of data analysis, researchers try to understand and process the data
that has been collected in order to turn it into something that can be used to answer
research questions (Kvale in Largan & Morris, 2019). In this process, the researcher seeks
to compile all previously identified data related to the importance of using real identity in
the passports of Indonesian Migrant Workers, vulnerabilities that may arise from the use
of passports with inappropriate identities for Non-Procedural Indonesian Migrant
Workers, examples of vulnerabilities that arise from Non-Procedural Indonesian Migrant
Workers in Hong Kong, as well as countermeasures carried out by the Directorate
General of Immigration. Researchers then began to look for relationships between the
data, and conducted analysis with the aim of finding useful findings to answer research
questions.
Results and Discussion
The Importance of Passport as a Sign of Identity and Proof of Citizenship
A passport is a document issued by the government of a country, to be used as proof
of identity and citizenship status of its citizens, either when they are abroad or when they
are about to re-enter the country (Dehm, 2018). Passports generally contain information
about the owner's personal identity, such as name, photo, date of birth, and nationality. In
addition, passports also contain other important data including passport numbers,
signatures, and other information needed as security features to assist in the identification
process (ICAO, 2024).
In this case, the passport is considered to have a role in maintaining the security and
control of movement between countries carried out by every individual traveling
internationally, as well as an administrative requirement that must be met by a person to
be able to apply for an entry visa to a country (Portals International Limited, 2020).
Passports are an important document for everyone who wants to travel abroad, including
migrant workers (Kouba & Baruah, 2019). Without a passport while abroad, a person
cannot be recognized for his citizenship status and the person concerned cannot access
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4937
his rights such as making remittances, opening bank accounts, renewing employment
contracts, etc. (Soraya, 2021).
Under international law, a country has the right to protect its citizens in other
countries, as long as it can prove its citizenship status (Starke in Rachman, 2021). One
way to prove it is to have a passport, as an official document that shows the citizenship
status of a person. The use of real identity data on passports is very important, because
the similarity of identity between the data written in the passport and the original identity
document owned by a person can facilitate the process of identifying the citizenship status
of a country to its citizens (Envoy Global, 2023). So that when the migrant worker gets
problems in the recipient country, he can still fight for his rights, by asking for legal
protection from his country of origin (Nuraeny, 2023).
Regarding the protection of migrant workers from Indonesia, one of the government
institutions responsible for this is the Directorate General of Immigration. The agency is
tasked with preventing the issuance of non-procedural passports, in order to prevent
human trafficking activities involving prospective Indonesian migrant workers (Regional
Office of the Ministry of Law and Human Rights of West Kalimantan, 2023). Passports
in Indonesia, issued by the Government of the Republic of Indonesia through the
Directorate General of Immigration, to Indonesian citizens to be able to travel out of and
back into Indonesian territory. The data written on the passport must also be consistent
with the population data owned by a prospective Indonesian Migrant Worker, because it
is related to the identity and personal information recognized by the recipient country
(Undang-Undang (UU) Nomor 6 Tahun 2011 Tentang Keimigrasian, 2011).
If the information on the Indonesian Migrant Worker's passport is not correct, in
addition to being considered to have violated the provisions of the law as stated in Law
No. 6 of 2011 concerning Immigration Article 126, related to the use of unauthorized data
and providing information that the data is not correct to obtain travel documents (Undang-
Undang (UU) Nomor 6 Tahun 2011 Tentang Keimigrasian, 2011). It is feared that it will
make it difficult for Indonesian Migrant Workers when they experience legal problems
in the recipient country, because they are considered to have different identities (Kanim
Jakarta Utara, 2023). When there is doubt about the travel documents and citizenship
status of an Indonesian Citizen (WNI), the person concerned is required to be able to
provide other evidence that can legally and convincingly show that the person concerned
is an Indonesian citizen (Undang-Undang (UU) Nomor 6 Tahun 2011 Tentang
Keimigrasian, 2011).
Every Prospective Indonesian Migrant Worker and Indonesian Migrant Worker has
the right to be able to have a travel document (Government of the Republic of Indonesia,
2017). This aims to realize equal rights and opportunities for every Indonesian Migrant
Worker. With the hope that these workers will become administratively legal Indonesian
Migrant Workers, in order to get a decent job, and be more legally protected. However,
it needs to be underlined that these Indonesian Migrant Workers also have an obligation
to obey the applicable laws and regulations, both domestically and abroad (Undang-
Undang (UU) Nomor 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti
Ari Arianto, Muhammad Sya’roni Rofii
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4938
Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang,
2023).
Risks of Using Fake Identity in Passports by Prospective Indonesian Migrant
Workers
Non-Procedural Indonesian Migrant Workers who are already in and working
abroad are considered more threatened if they get problems there at any time, because
these migrant workers have different data listed on their passports, residence permits,
work contracts, and original identity documents (UNODC, 2024). The existence of data
discrepancies gives rise to the thinking from the recipient country that migrant workers
who are working in their country are different people, which results in these migrant
workers being considered to have violated the rules, and making their position weak in
the eyes of the receiving country's law (Soraya, 2021).
In the case of Hong Kong, many of the migrant workers claimed to have a different
real identity than the data written on their passports, such as with their names, cities of
origin, or dates of birth, which did not match. The Indonesian Migrant Workers have
passports officially issued by the Indonesian immigration authorities, but the data written
in them is not the real identity of the migrant workers (Constable, 2024). This can happen
because in the process, these migrant workers use the services of non-procedural service
providers who offer assistance to prospective Indonesian migrant workers, so that they
can quickly complete the administration of the required registration requirements
(Kurnianingrum, 2023).
The mode usually carried out by the non-procedural service provider agent is to
increase the age of the prospective worker by changing his identity document (Nguyen,
2021). In addition, these individuals also offer passport making services for prospective
Indonesian Migrant Workers, by offering to use fake data and identity documents or
identity documents owned by other people, to facilitate the way for these migrant workers
so that they do not have difficulties in the process of making passports. Migrant workers
who use non-procedural service provider agents usually only receive their passports at
the time of departure to the recipient country, without having time to check their identity
data in their passports (Nuraeny, 2023). In the end, the migrant workers have no other
choice but to use the passport they already have, even though they have a different
identity, because they have to leave for the destination country (Perova & Purnamasari,
2019).
To minimize the occurrence of passport data falsification, the Directorate General
of Immigration carries out a form of security by using a more integrated immigration data
management system (Kanim Palangkaraya, 2018). As a result of the implementation of a
more integrated immigration system, non-procedural Indonesian migrant workers who
use fake data, experience difficulties when trying to replace their passports because they
have to use their real identity data. As happened in Hong Kong, for example, Indonesian
migrant workers working there are more vulnerable to being considered criminals, and
are threatened with imprisonment from the Hong Kong government on charges of
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4939
falsifying identity documents. This is because when Indonesian Migrant Workers want to
improve the data on their passports, the Indonesian migrant workers must also change all
the documents they have in Hong Kong, such as work contracts, residence permits, etc.
(Constable, 2024). The good intentions of the migrant workers to comply with the
regulations of the Indonesian Government, became a negative thing for him, because
based on the regulations of the Hong Kong Government, Indonesian migrant workers can
be charged with fraud for falsifying identity data on passports (Utami, 2016).
For Indonesian Migrant Workers who survive by using false data on their passports,
they end up living in Hong Kong without having a valid identity card and passport,
because they cannot replace their passports. When they are sick, the migrant workers
cannot get health services, because they cannot show their valid identity documents to the
hospital. In addition, when the migrant workers wanted to carry out the remittance
process, the migrant workers did not have access to the remittance process at the bank,
because they did not have a valid identity card and passport (Soraya, 2021). Passports are
an important document for everyone who wants to travel abroad, including migrant
workers. A passport is considered an internationally recognized identity document, and
also has an important role for its owner. Without a passport while abroad, a person cannot
be recognized for their citizenship status (Starke in Rachman, 2021).
Passports are considered a means to ensure protection for Indonesian Migrant
Workers who are working abroad. However, many problems experienced by many
Indonesian Migrant Workers are related to false identities listed on their passports. This
makes migrant workers there vulnerable to becoming victims of human trafficking, as
well as vulnerable to becoming victims of the policies of the recipient country related to
immigration and employment issues (Kanwil Kemenkumham Kalbar, 2023). As a form
of protection for migrant workers, the Directorate General of Immigration is trying to
apply biometric technology in its efforts to reduce Indonesian Non-Procedural Indonesian
Migrant Workers who use fake identity data. Biometric data is stored with the aim of
ensuring that the passport holder is really the rightful owner and entitled to the passport
(Kanim Batam, 2023). However, even though it has been recorded biometrically, there is
still an opportunity for the migrant workers to continue to use other people's data in the
passport making process. As long as there are still non-procedural worker delivery service
providers who assist Indonesian Migrant Worker Candidates in obtaining population
documents such as birth certificates, ID cards, family cards, etc., then there is still a
possibility for these prospective workers to be able to get a passport using the population
document provided by the non-procedural worker delivery service provider (Constable,
2024).
With the many administrative requirements that must be met, the length of the
process that must be taken, and the absence of fees, it is considered a factor that
encourages prospective Indonesian Migrant Workers to take non-procedural actions in
their efforts to obtain passports (Gaol et al., 2023). As one of the requirements that must
be met to be able to work abroad, a passport is an important thing for an Indonesian
Migrant Worker. However, due to incomplete supporting documents, usually the
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Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4940
prospective migrant workers will be assisted by non-procedural worker delivery service
providers to complete passport documents. One way that is usually done is to claim to be
another person through the use of birth certificates and original identity cards owned by
someone in the passport application process. As a result, the owner of the original identity
of these documents cannot apply for a passport because the data has been used by
someone else to make a passport (UNODC, 2024).
The crime of passport forgery is a criminal act that not only harms the state, but is
also considered an act that can harm the migrant workers themselves. Forms of data
falsification in the process of making passports are considered to have violated the
provisions of the law as stated in Law No. 6 of 2011 concerning Immigration Article 126,
related to the use of unauthorized data and providing information with incorrect data to
obtain travel documents (Undang-Undang (UU) Nomor 6 Tahun 2011 Tentang
Keimigrasian, 2011). The phenomenon of falsification of administrative documents, as
well as the provision of incorrect information, both verbally and in writing, in the process
of making passports, is one of the types of immigration crimes that often arise, because it
involves Indonesian Migrant Workers which is one of the types of jobs that are in demand
by the Indonesian people (Hasbiyalloh et al., 2024).
Immigration crimes in the form of falsifying data on passports can be committed
by individuals or with the help of non-procedural worker delivery service providers, either
for their own interests or for the benefit of others (Nuraeny, 2023). A person or an entity
can be found guilty of fraud and falsification of documents in the process of issuing a
passport. Crimes like this refer to the creation, sale or use of fake identity documents,
such as identity cards, birth certificates and passports (U.S. Government Accountability
Office, 2024). So that the imposition of criminal sanctions on immigration violators is
considered a necessary thing to prevent and eradicate unlawful acts that can harm the state
and society. In addition, the existence of this form of enforcement is also needed to
maintain and ensure that every Indonesian Migrant Worker who will go out to work in
another country, can comply with all applicable immigration regulations, both while still
in Indonesia, or while in the recipient country (Undang-Undang (UU) Nomor 6 Tahun
2011 Tentang Keimigrasian, 2011). Although in reality, the current imposition of prison
sanctions and fines to perpetrators and other parties involved is considered ineffective
and significant, in reducing the number of Non-Procedural Indonesian Migrant Workers,
so that in the end the Directorate General of Immigration seeks to use a more persuasive
way in dealing with the problem (Public Relations of the Directorate General of
Immigration of the Republic of Indonesia, 2023).
Circular Letter of the Director General of Immigration of the Republic of
Indonesia Number: IMI-GR.01.01-0252 of 2023, Regulation of the Minister of Law
and Human Rights of the Republic of Indonesia Number 9 of 2020, and
Immigration Supervision Function of the Directorate General of Immigration
Many of the Indonesian Migrant Worker Candidates use non-procedural methods,
due to the emergence of a negative assumption, that to collect the requested administrative
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4941
requirements, it takes a long time, due to the complexity of the bureaucratic process in
Indonesia (Gaol et al., 2023). The existence of forms of fraud in the passport making
process is considered a vulnerability for prospective migrant workers. This vulnerability
can be seen from the condition of prospective migrant workers, who in the end may be
threatened because they do not have the ability to face the dangers and negative impacts
that may arise, from the use of false identities and data written on their passports when
they have started working abroad (Nuraeny, 2023).
In general, the Directorate General of Immigration will further tighten the rules
related to making passports for Prospective Indonesian Migrant Workers. This arises as
a result of the discovery of forms of violations, such as the use of false identities or the
involvement of non-procedural worker delivery service providers in the process of
submitting passport applications (UNODC, 2024). However, by looking at facts and
information in the field, to prevent this, the Directorate General of Immigration tries to
use a more persuasive way, namely by reducing administrative requirements that must be
met, as well as eliminating the cost of making passports for prospective migrant workers.
The Circular Letter of the Director General of Immigration of the Republic of
Indonesia Number: IMI-GR.01.01-0252 of 2023 and the Regulation of the Minister of
Law and Human Rights of the Republic of Indonesia Number 9 of 2020, were issued as
an answer from the Directorate General of Immigration to the assumption that the
bureaucratic process of making passports is difficult and is considered one of the sources
of the emergence of Non-Procedural Indonesian Migrant Workers. Through these two
new regulations, the Directorate General of Immigration seeks persuasively to be able to
influence the thinking of prospective Indonesian migrant workers, to prefer a process that
is in accordance with applicable procedures and regulations, by offering convenience in
the passport making process. This was done by the Directorate General of Immigration
with the aim of increasing the number of Procedural Indonesian Migrant Workers
working abroad (Public Relations of the Directorate General of Immigration of the
Republic of Indonesia, 2023).
The state has the authority to provide direction to relevant government institutions,
to increase the resilience of vulnerable parties, because humans are vulnerable creatures
to a sense of dependence, and therefore the state has an obligation to be able to reduce,
improve, and provide solutions to the forms of vulnerability that arise in society (Kohn,
2014). In this regard, the Directorate General of Immigration seeks to use more persuasive
methods in its efforts to reduce the number of Non-Procedural Indonesian Migrant
Workers working abroad, namely by implementing a zero rupiah fee for prospective
Indonesian Migrant Workers who want to work abroad (Ministry of Law and Human
Rights of the Republic of Indonesia, 2020). In addition, the Indonesian Migrant Worker
Candidates also no longer need a letter of recommendation from the relevant Ministry or
Institution, to be able to apply for a passport.
To apply for a passport, Prospective Indonesian Migrant Workers no longer need
recommendations from relevant ministries and institutions (Directorate General of
Immigration, 2023). The policy from the Directorate General of Immigration aims to
Ari Arianto, Muhammad Sya’roni Rofii
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4942
make it easier for Indonesian Migrant Workers to be able to work abroad through
channels that are in accordance with applicable procedures. There is an assumption that
in order to increase the number of Procedural Indonesian Migrant Workers working
abroad, the Directorate General of Immigration must further simplify the requirements
and process of making passports, so that more prospective Indonesian Migrant Workers
are interested in using methods that are in accordance with procedures in making
passports (Public Relations of the Directorate General of Immigration of the Republic of
Indonesia, 2023).
There was an increase in the number of Procedural Indonesian Migrant Workers
who went to work abroad, from 21,005 people in 2022, to 28,927 people in 2023, or an
increase of 37.71% from the previous year. In addition, there was a decrease in the number
of complaints from Non-Procedural Indonesian Migrant Workers, from 189 complaints
in 2022, to 172 complaints in 2023, or a decrease of 8.99%. Then in August 2024, there
was a decrease again to 143 complaints, or a decrease of 16.86%. The complaints reported
by Non-Procedural Indonesian Migrant Workers are dominated by cases of Non-
Procedural Indonesian Migrant Workers who are repatriated to Indonesia (Badan
Perlindungan Pekerja Migran Indonesia, 2024).
As an additional step used as a complement to the persuasive efforts being carried
out by the Directorate General of Immigration, through the policy of providing a zero
rupiah rate, as well as providing ease of passport requirements for prospective Indonesian
Migrant Workers, this can be done by controlling and supervising the process of issuing
passports (Kanim Batam, 2020). The control and supervision process can be carried out
by the Directorate General of Immigration through all Immigration Offices spread
throughout Indonesia. The Immigration Officer on duty can conduct an interview process
related to the correctness of the data provided by the Indonesian Migrant Worker
Candidate, as well as verify and see the data match between the attached identity
documents, with the information provided during the interview process (Kanim Jakarta
Utara, 2023). Immigration officers also have the right to reject a person's passport
application, if there is a form of violation such as incompatibility of the applicant's data
with the attached documents, incomplete data attached, and considered to have provided
incorrect information during the interview process, for example by providing convoluted
information, using someone else's identity, to the reason for going abroad to meet his
family, even though the real goal is to work there (Kanim Batam, 2023).
Based on data recorded in the Immigration Information System (SIMKIM) at the
Directorate General of Immigration, most of the rejections of passport applications are
due to indications as Non-Procedural Indonesian Migrant Worker Candidates (Geken,
2023). Rejected applications are usually at the stages of file examination, interview
process, and data adjudication. With the process of verifying documents and interviewing
prospective Indonesian Migrant Workers, it is considered as one of the ways from the
Directorate General of Immigration to be able to reduce the risk of the emergence of Non-
Procedural Indonesian Migrant Workers who use incorrect data to be able to work abroad.
The verification process is needed to ensure that the documents attached by the
Challenges and Measures to Counteract Passport Data Falsification in Indonesian Migrant Workers: A
Review of the Circular Letter of the Director General of Immigration of the Republic of Indonesia
Number: IMI-GR.01.01-0252 of 2023
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4943
Indonesian Migrant Worker Candidates contain the original data of the applicant and are
in accordance with applicable regulations, so that in the future, the passport that has been
issued is not misused by other parties (Kanim Jakarta Utara, 2023).
There are concerns that the policy of providing convenience in making passports
can also make it easier for irresponsible individuals to carry out illegal practices in the
passport application process for prospective Indonesian Migrant Workers. However, in
practice, the Directorate General of Immigration also remains selective in approving
passport applications from prospective Indonesian Migrant Workers. This can be seen
from the number of passport application rejections carried out by the Directorate General
of Immigration in 2023. In that year, the Directorate General of Immigration had rejected
10,138 passport applicants who were suspected of becoming Non-Procedural Indonesian
Migrant Workers abroad (Geken, 2023). The refusal action was carried out not because
it wanted to make it difficult for prospective Indonesian Migrant Workers to work abroad,
but rather as a protection effort from the Directorate General of Immigration so that these
workers could be more legally protected and could avoid the Crime of Trafficking in
Persons (TPPO) (Regional Office of the Ministry of Law and Human Rights, West
Kalimantan, 2023). On the one hand, the Directorate General of Immigration wants to
provide ease of passport making services for prospective Indonesian Migrant Workers,
but on the other hand, the immigration supervision function is also needed as a preventive
effort to prevent Non-Procedural Indonesian Migrant Workers who will work abroad.
Conclusion
The phenomenon of passport ownership with false data by Indonesian Migrant
Workers who are working abroad is a problem that is difficult to eliminate, because there
are still many prospective workers who think that the bureaucracy of making passports is
difficult and takes a long time. So that many of the Prospective Indonesian Migrant
Workers are still interested in using the services of non-procedural service providers in
the process of making passports, because they are considered easier and more practical.
Although indeed the method used is a method that is not in accordance with the procedure,
because it involves the use of resident identity documents that do not match the original
identity of the passport holder.
Many Indonesian Migrant Workers are unaware of the dangers that may arise from
using passports with inappropriate identities. Starting from the threat of legal action from
the recipient country because it is considered to use fake identity data to enter and work
in their country, the threat of losing their employment rights such as unpaid wages or not
being able to use health facilities because they are considered individuals with a different
identity than those recorded in their passports, to the threat of doubting their citizenship
status by their country of origin because they have data differences between the original
identities written on the their identity document, with data written on the passport. All of
these things put Indonesian Migrant Workers in a weak position, because of the many
forms of vulnerability that Indonesian Migrant Workers can feel either when they are still
Ari Arianto, Muhammad Sya’roni Rofii
Jurnal Indonesia Sosial Teknologi, Vol. 5, No. 11, November 2024 4944
processing their passport applications in Indonesia, or when they have started working in
their destination country.
The emergence of the Circular Letter of the Director General of Immigration of the
Republic of Indonesia Number: IMI-GR.01.01-0252 of 2023 and the Regulation of the
Minister of Law and Human Rights of the Republic of Indonesia Number 9 of 2020, is
considered as one of the more persuasive ways of the Directorate General of Immigration,
in order to overcome the problem of identity forgery, as well as the use of other non-
procedural methods, carried out by Prospective Indonesian Migrant Workers, in the
process of making their passports so that they can go to work abroad. The existence of
this regulation is expected to attract more Indonesian Migrant Worker Candidates, to use
legal means, because of the ease in passport requirements and fee exemption. So that in
the next few years, the Directorate General of Immigration can increase the number of
Procedural Indonesian Migrant Workers, as well as reduce the number of Non-Procedural
Indonesian Migrant Workers working abroad. Although it must still be emphasized that
in addition to offering convenience for prospective migrant workers who will make
passports, the Directorate General of Immigration also emphasizes its immigration
supervision function as a form of prevention in its efforts to prevent the increase in non-
procedural Indonesian Migrant Workers, as well as the emergence of the Crime of
Trafficking in Persons (TPPO).
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