Forms of exploitation and efforts to combat human trafficking in the tourism sector in

Lombok, West Nusa Tenggara

By
Any Suryani Hamzah
Mohammad Irfan
Faculty of Law, University of Mataram, Lombok - NTB
Email: anyhamzah64@gmail.com
ivan_mohammad44@yahoo.com

Abstract

In Lombok West Nusa Tenggara, Popular tourist destinations from the provinces on the
island of Lombok, especially the Senggigi coast, have created considerable demand for
prostitution. Women and children have been trafficked from other parts of the province to
fulfill the demand of the sex industry in entertainment areas. The huge demand for
prostitution in Bali and Java, including prostituted girls and boys, has led to human trafficking
from West Nusa Tenggara to these areas aimed at sexual exploitation. It is not known exactly
how many people of West Nusa Tenggara who are trafficked each year. This is because this
crime is difficult to be detected by the police, and most people who are trafficked never report
their case, either because they are not able or too scared or ashamed. Therefore, the data that
is known must be considered a "top of the iceberg" phenomenon.
This study uses an empirical research methodology with the problem of how forms of
exploitation and efforts to combat human trafficking in the tourism sector. The results of the
study show that the government's massive efforts through the framework of the Law on
Trafficking in Persons and the active involvement of Non-Governmental Organizations in the
prevention of Human Trafficking have provided a deterrent effect for traffickers in the
Lombok Tourism Sector.

A. Introduction
Every year, tens of thousands of women, men, both adults and children migrate to look for job in
other regions of Indonesia and abroad. Migrants are usually motivated to find job and income
better than what is available in their area. Given that trafficking in persons or trafficking is
usually associated with migration patterns (it has often been said that traffickers "lure" from the
migration "stream"), West Nusa Tenggara is the main "source" or "sender" area for migrant
workers who are vulnerable to trafficking. Many of these workers are trapped by traffickers and
are forced into forced labor as domestic workers or other types of work, including prostitution
both in Indonesia and abroad. Popular tourist destinations on the island of Lombok, especially
the Senggigi beach, have created considerable demand for prostitution. Women and children
have been trafficked from other parts of the province to fulfill the demand of the sex industry in
entertainment areas. The huge demand for prostitution in Bali and Java, including prostituted
girls and boys, has led to trafficking in persons from West Nusa Tenggara to these areas aimed at
sexual exploitation. It is not known exactly how many people of West Nusa Tenggara who are
trafficked each year. This is because this crime is difficult to be detected by the police, and most
people who are trafficked never report their case, either because they are unable or too scared or
ashamed. Therefore, the data that is known must be considered as a phenomenon "the top of the
iceberg".
The International Organization for Migration (IOM)1 provides support to facilities in
Jakarta, Surabaya, Pontianak, and Makassar which provide services to 74 trafficked persons (42
of whom are women) from West Nusa Tenggara between March 2015 and July 2016.
West Nusa Tenggara is the main sending area for international migration. Many migrant
workers who migrate to other countries experience unfair practices and crimes committed by a
large number of intermediaries involved in the process (e.g. brokers, Indonesian labor agents,
and foreign employment agencies), as well as their employers in country of destination. In some
cases, the crime and exploitation of migrant workers can be considered as trafficking. There are
also a number of migrant workers, especially women who were plotted in sexual slavery when
they arrived in their destination countries and did not get jobs as promised earlier
As discussed above, there is little information regarding the number of West Nusa
Tenggara residents who have been trafficked. However, data on international migrant workers
registered and come from this province can be obtained, all of which are vulnerable to trafficking
and other crimes related to trafficking. Compilation of statistical data on registered migrant
workers can provide information about the tendency of migrant workers from Lombok, West
Nusa Tenggara, including the number, area of origin, destination country, gender, and type of
work.
The most prominent aspect can be said is the total number of migrant workers for each
year is very different, as mentioned earlier. Fluctuations can be seen from the number of
departures to Malaysia, while statistical data for other countries is relatively consistent. As
mentioned earlier, it is not clear why the amount for Malaysia is very inconsistent from year to
year. The first possibility is that the authorities in the province cannot document the overall
departure of migrant workers between 2013 and 2014. The second possibility is that more
workers decided to migrate illegally so they registered themselves. This was seen in 2015 after a
raid from Malaysian authorities against illegal migrant workers during the year. Another
possibility is that in 2015 more migrant workers registered themselves in their own provinces,
compared to previous years where they register more in transit areas such as Surabaya or Jakarta.
Allegedly, this is because PJTKI agents in Mataram are now increasingly handling migrant
workers from NTB.

1 Edi Hardum S, 2016, Human Trafficking under the guise of Shipping of Indonesian Migrant Workers, Ar Ruzz
Media, Yogyakarta, p. 27
Problems:

Based on the explanation of the facts above, so that problems arise, what are the forms of
exploitation and efforts to combat human trafficking, especially the tourism sector in Lombok,
West Nusa Tenggara?

Discussion

Human Trafficking for the Purpose of Forced Prostitution

Trafficking with the aim of placing women and children into forced prostitution is indeed true in
Lombok, West Nusa Tenggara. Poor rural areas that become labor-sending sources for both
international and domestic migration are also senders for human trafficking for the purpose of
sexual exploitation. Women and children (women and some boys) from NTB province are placed
in sex slavery in abroad, besides to other areas in Indonesia (especially Bali and East Java), also
in the province (mostly in the Senggigi Beach area and in Mataram). Some sex workers in West
Nusa Tenggara come from other regions in Indonesia (especially East Java and Central Java).

In Lombok West Nusa Tenggara in the tourism sector, has many places where sex workers
operate covertly, including in cafes, billiards, hotels, karaoke rooms, and other entertainment
venues. Prostitution can also be found around the airport facilities. Most brothels are
concentrated in Mataram, Senggigi, Batu Layar, Aikmel, Labuhan Haji, and Lembar ports
(interviews with Santai Foundation, June 2018). Most sex workers found in West Nusa Tenggara
in that province came from areas of West Lombok, Central Lombok, and East Lombok. This is
not surprising because these regions are also the main sending areas for international migrant
workers. While sex workers from outside of West Nusa Tenggara usually come from East Java
and Central Java. The majority of them are adult women who have also worked as sex workers in
Java and Bali. But because the "selling power" has declined, they were moved and employed in
West Nusa Tenggara. While for sex workers from West Nusa Tenggara themselves, most of them
are children. 2

There are no clear estimates of the number of women and children who have been trafficked into
forced prostitution, both inside of West Nusa Tenggara and in West Nusa Tenggara. Moreover, no
organization has ever tried to estimate the number of sex workers operating in West Nusa
Tenggara. Santai foundation, an organization based in Mataram, said that although the
organization did not know the number of prostituted children in NTB, they believed that there
had been an increase in the number of children who had been prostituted in the past few years.3

2 Relax (Tunas Alam Foundation, 2004, The other side of Senggigi tourism, stories of children of tourism victims,
NTB, Tunas Alam Foundation and ACILS, p.34
3 Ibid, p. 35
West Nusa Tenggara Provincial Social Service, operates a rehabilitation facility (social
institution) in Mataram for women and girls of sex workers who will be educated to transfer
professions that are accommodated from the results of periodic raids by police officers. The
social rehabilitation named Budi Rini Home, can accommodate between 50 to 100 sex workers
who have been raided by police officers. Officials believe 10-15% from sex workers they receive
is under the age of 18. However, because they have not known yet the components that make up
trafficking, they cannot estimate what percentage of all sex workers who are raided by these
police are victims of trafficking.

A report published by Santai foundation in 2016, stated that many women and children were
cheated by recruiters to be given jobs in restaurants, domestic work or in other interesting
workplaces. After being away from home, traffickers use violence and threats to trap them in
prostitution. Debt is also often used as a tool to put women and girls into situations that make
them feel hopeless, so that prostitution is considered the only option left for these women.
Sometimes, a woman or daughters are put into prostitution by a man who pretends to be a
boyfriend, as described in the following case.

Bella (it is not her real name) was 15 years old when a man who claimed to be the owner of a
restaurant came from Senggigi to his village in East Lombok to look for employees. Bella felt
happy and honored because the man came directly to offer a job. She did not get the problem to
ask permission from her parents to be able to go far to work. Arriving at Senggigi, the man took
him to a rented house and said that he had taken care of his residence so Bella could live there.
He also told Bella that he had to go to Surabaya for business purposes and would return as soon
as possible to bring Bella to work in his restaurant He gave Rp. 300,000.00 to Bella for the cost
of living while he left. The man, apparently never returned and Bella knew the money was
almost gone. Not long after, a man invited friends and offered loan money when Bella told her
story. They hit it off and soon Bella had become his girlfriend. When Bella is known to be
pregnant, this man persuaded Bella to abort her pregnancy. They then begin entering the lives of
bars and cafes and when Bella was really drunk because of drinks at hat night, the man began to
prostitute Bella to another man in the bars. In the end Bella learned that her boyfriend, rented
homeowner and recruiter were collaborating to trap her into prostitution.4

The Santai Foundation also found that boys are sometimes recruited from villages in Lombok to
be prostituted and serve adult men in Senggigi and Bali. Sometimes, the recruiter is also a boy
who has been prostituted and told to look for other boys to serve more customers. Some of these
customers are foreign men who come to Indonesia to have sex with children.

From the records of the Non-Governmental Organization in Sumbawa, told ACILS that foreign
employees from mining companies PT Newmont sometimes seek temporary wives to stay with
them for several months or years when they are on duty in Sumbawa. They explained that the

4 Ibid, pp. 32-39

"marriage" was to cover the transaction which motive was money: the woman made money from
a short-term relationship with a man who was looking for a companion in return.

A number of cases like this cannot be categorized as trafficking, but the woman may get financial
difficulties after her husband ended the marriage when he left Indonesia especially if he leaves
the child of the marriage, who must be treated by the woman. The woman may also get social
stigma as a young widow. an isolated women like this may be more vulnerable to being targeted
by trafficking, especially when she had to find work outside the region, even forced to work as
prostitute in order to survive. There is no adequate research to determine whether this kind of
contract marriage has a certain connection to the practice of trafficking.

Child labor can be found throughout the West Nusa Tenggara region in various forms. Not all
types of work are exploitative and harmful to children, especially if they can continue their
education and work no more than 3-4 hours per day. However, some jobs can be categorized
physically and psychologically dangerous for the child's growth. Children who migrate far from
home to do a dangerous work may be categorized as trafficked children. The forms of work that
are most known to be harmful to children associated with trafficking are child prostitution and
child domestic workers.

If the exploitation of women and children is not stopped immediately, the world will gradually
lose the women and children community as one of the strong potential human resources.
Therefore, to overcome and eradicate rampant activities aimed at exploiting the lives of women
and children, it is time for various components of society to work together to find solutions to
overcome them. When talking about protecting women and children as victims of human
trafficking, it is necessary to know what the limit of legal protection and human trafficking is.

The definition of legal protection in Law Number 13 of 2006 concerning Witness and Victim
Protection is all efforts to fulfill rights and provide assistance to provide a sense of security to
witnesses and / or victims that must be carried out by the Witness and Victim Protection Agency
(LPSK) or other institutions.5

Legal protection of victims of crime as part of community protection, can be realized in various
forms, such as through the provision of restitution and compensation, medical services, and legal
assistance. 6 Barda Nawawi Arief stated that the notion of victim protection can be seen from two
meanings, namely: 1. it can be interpreted as "legal protection not to be a victim of criminal acts"
(meaning protection of human rights or legal interests of a person); 2. it can be interpreted as
"protection for obtaining legal guarantees or compensation for the suffering or loss of a person
who has been a victim of a crime" (so it is identical to "victim sacrifice"). The form of
compensation can be in the form of a good name recovery (rehabilitation), recovery of inner

5 Ririen Ambarsari et al, Juridical Study on the Protection of Women and Children Victims of Human Trafficking,
Legal Panorama Journal, Volume no. June 1, 2016, p. 5
6 Dikdik. M. Arief Mansur, The Urgency of the Protection of Victims of Crime Between Norms and Reality, Jakarta:
PT. RajaGrafindo Persada, 2007, p. 31.
balance (with forgiveness), compensation (restitution, compensation, social security benefits),
and so on7

Presidential Decree of the Republic of Indonesia Number 88 of 2002 concerning National Action
Plan for the Elimination of Trafficking of Women and Children provides a definition of
trafficking in women and children as all recruitment, inter-regional and inter-state transportation,
transfer, departure, reception and temporary shelter or destination, with threats, use verbal and
physical violence, kidnapping, fraud, guile, exploiting a position of vulnerability (when someone
has no other choice, is isolated, drug dependency, debt trap, etc.), gives or receives payments or
benefits, where women and children are used for the purpose of prostitution and sexual
exploitation (including phaedopili), legal and illegal migrant workers, adoption of children,
jermal work, order brides, domestic helpers, begging, pornography industry, drug trafficking, and
selling organs, as well as other forms of exploitation (UN protocol for Prevent, Eradicate, and
Punish Trafficking in Persons, Especially Women and Children, Supplement to the United
Nations Convention to Combat Transnational Crime Organizations, 2000).

Law No. 21 of 2007 concerning the Eradication of Criminal human Trafficking provides a
definition of human trafficking is the act of recruitment, transportation, storage, transfer, transfer
or acceptance of someone with the threat of violence, the use of violence, kidnapping,
confiscation, forgery, fraud, abuse of power or Vulnerable position, debt bondage or pay or
benefit, so that obtaining approval from the person who holds control over the other person,
whether done within the country or between countries, for the purpose of exploitation or
resulting exploitation (Republic of Indonesia, Law Number 21 years 2007 concerning
Eradication of human Trafficking ).8

Every form of trafficking in women and children is a violation of human rights, the rights of
children, and the rights of workers who treat victims merely as commodities that are bought,
sold, shipped, and resold. The prevailing phenomenon throughout the world continues to evolve
and change in its form and complexity, which remains only an exploitative condition that it
placed on humans.9

Exploitation of women and children from year to year tends to increase both quantitatively and
qualitatively, so the involvement of all components of society to help overcome the rampant
human trafficking is a very important factor. Regarding to the phenomenon of rising crime both
quantitatively and qualitatively, Frank Tannembaum, as quoted by JE Sahetapy, states, crime is
eternal as eternal as society, meaning that where there are humans there must be crimes
Trafficking in persons has been organized neatly even in international trade network, supported

7 Prof. Dr. Barda Nawawi Arief, SH., Law Enforcement and Criminal Law Policy Issues in Crime Tackling, Jakarta:
Kencana, 2007, p.61.
8 Marlihati Nur hidayati, 2012, Efforts to Eradicate and Prevent Trafficking in Persons through International Law and
Positive Law, Azhar Indonesia Journal of Social Institutions Series, Volume 01 No. March 03, 2012
9 Anis Hamim and Ruth Rosenberg, Indonesian Legislation Studies, in Trade and Child Trade in Indonesia, USAID,
Jakarta, 2003), p, 17
by modern facilities and infrastructure and a relatively unlimited source of funds. The handling
of these crimes which are sectoral and not well coordinated will certainly be an obstacle to the
law enforcement process. For this reason, the participation of all parties is very needed to
achieve ideal legal protection.10

The practice of human trafficking, especially women and children in the Lombok region of West
Nusa Tenggara Province, is a crucial problem. In recent years, the Province of West Nusa
Tenggara has developed into an area of origin as well as a destination area of human trafficking
activities. Generally victims come from poor families, have low education, have no skills, are
young, and are attractive, making it easy to get work in nightlife venues. In addition, individual
characters, parenting, lack of healthy family ties, and lack of integration in the family contribute
to trafficking.

The position of West Nusa Tenggara as one of the regions that sent the most Indonesian Workers
(TKI) abroad made this province vulnerable to being the home of victims of trafficking. On the
other hand, the development of this province as a tourist destination has also increased
vulnerability as a destination for trafficking, especially to fill the needs of entertainers employed
in cafes in the Senggigi Beach area and its surroundings. Based on the provisions of Article 57
of Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons, the regional
government is obliged to make policies, programs, activities and allocate budgets to carry out
prevention and handling trafficking issues, the West Nusa Tenggara Provincial Government
establishes the Nusa Tenggara Provincial Regulation West Number 10 of 2008 concerning
Prevention and Eradication of Trafficking in Persons on December 24, 2008. Prevention of
human trafficking is carried out in an integrated manner by the regional government together
with the regional apparatus as an element of supporting local government in accordance with its
main tasks carried out by the Department of Manpower and Transmigration, the Office of Social
Population and Civil Registry, the Office of Culture and Tourism and the regional government.11

To implement Regional Regulation Number 10 of 2008 concerning Prevention and Eradication

of Trafficking in Persons, it is necessary to establish a policy that regulates the task force,
organizational structure of the Integrated Service Center, community participation and
procedures for the supervision of human trafficking prevention, then the Governor Regulation of
West Nusa Tenggara Number 29 of 2009 concerning the Task Force is made, Organizational
Structure of Integrated Service Centers, community Participation and Procedures for Monitoring
the Prevention of human Trafficking on 30 June 2009. With this regulation a provincial Task
Force was formed which was responsible for the governor based in Mataram. Members of the
provincial Task Force are representatives from the elements of government, law enforcement,

10 Mustika Prabaningrum Kusumawati, Irony of Human Trafficking Impersonated the Delivery of "Hero of State
Foreign Exchange", Volume 8 Journal of Novelty Law No. 2 of 2017
11 Dadang Abdullah, Legal Protection for Victims of Trafficking in Children and Women, Al Adl Jurna Hukum Journal,
Volume No. 09 No. 2 years 2017 p. 8
community organizations, professional organizations and researchers / academics whose
membership is determined by the governor's decision.

The Provincial Government of West Nusa Tenggara does not form a task force specifically to
deal with human trafficking but it is more general by stipulating the Governor's Decree Number
604 of 2010 concerning the Prevention Task Force and the Victims of Women and Children
Victims of Violence in West Nusa Tenggara Province on 8 November 2010.

The Chief Executive Officer of this Task Force membership is the Regional Secretary of the
West Nusa Tenggara Province and as Secretary is the Head of the Women Empowerment and
family planning of West Nusa Tenggara Province, while the Chairperson of the Social
Rehabilitation and Reintegration Task Force is the Head of the Victims of Violence and Migrant
Workers Section at the Department of Social Population and Civil Registry of the Province of
West Nusa Tenggara.

Task Force for Prevention and Handling of Women and Children Victims Violence in West Nusa
Tenggara Province serves as a coordination forum who is in charge of coordinating prevention
and handling of women and children victims of violence, including victims of trafficking. Efforts
made related to the protection of women and children victims of violence, including victims of
trafficking in Lombok, West Nusa Tenggara Province include:

a. Prevention; with several legal instruments established for the protection of women and
children from all forms of violence, such as 3 regional regulations, 6 governor regulations
and 2 governor decisions as well as socialization related to gender equality, protection of
women and children (Domestic Violence Law, LoGA, regional regulations / Governor's
regulation).
b. b. Handling; forming and optimizing the role of the Task Force, forming and optimizing
PPT handling women and children victims of violence based in Bhayangkara Hospital,
improving coordination and cooperation with relevant agencies (Health Office, Social
Service, Regional Office of Religion, Police, Attorney, Court and others other) including
NGOs observing women and children such as LBH APIK, PPK, Koslata, Santai. Gagas,
LPA and others in the effort to provide services, handling and protecting women and
children victims of domestic violence, trafficking in persons, exploitation of children and
victims of abuse and other sexual violence and optimizing the role of protection homes
and networks for the handling and protection of women and children.
c. Empowerment; entrepreneurship training for vulnerable groups, female heads of
household, former female migrant workers and victims of domestic violence in Central
Lombok District, East Lombok, West Lombok, North Lombok (with vocationally
adjusted potential areas such as making tomato sweets, tomato sauce, nata de coco and
others other), facilitating the formation of cooperatives for PEKKA members in Lingsar
District, Gerung District, and Jonggat in collaboration with the Regional Office of
Cooperatives and Small and Medium Enterprises (SMEs) of West Nusa Tenggara
 Province, remittance management training for the wives of migrant workers and former
migrant workers in 5 sub-districts in East Lombok, fostering female workers through
vocational training activities with vocational makeup and hairdressing in Pengengat
Village, Central Lombok and in Mataram City, and case management training in Gunung
Sari Village, West Lombok.

Conclusion

Various prevention efforts carried out by the province of West Nusa Tenggara in combating
human trafficking in the tourism sector in Lombok include prevention, handling, and
empowerment. Low protection efforts against trafficking in the tourism sector also continue to be
carried out in the form of optimizing local wisdom played by traditional leaders, religious leaders
and community leaders by siding with the interests of women and children in providing a
positive impact on the prevention of criminal trafficking.

Reference

Anis Hamim and Ruth Rosenberg, 2003, Indonesian Legislation Studies, in Trade and Child
Trade in Indonesia, USAID, Jakarta,
Barda Nawawi Arief, SH., 2007, Law Enforcement and Criminal Law Policy Issues in Crime
Countermeasures, Jakarta: Kencana, 2007
Dadang Abdullah, Legal Protection for Victims of Trafficking in Children and Women, Al Adl
Jurna Hukum Journal, Volume No. 09 No. 2 of 2017

Dikdik. M. Arief Mansur, 2007, The Urgency of the Protection of Victims of Crime Between
Norms and Reality, Jakarta: PT. Raja Grafindo Persada
Edi Hardum S, 2016, Perdagangan Manusia berkedok Pengiriman TKI, Ar Ruzz Media,
Yogyakarta,

Marlihati Nur hidayati, Efforts to Eradicate and Prevent Trafficking in Persons through
International Law and Positive Law, Azhar Indonesia Journal of Social Institutions Series,
Volume 01 No. March 03, 2012
Mustika Prabaningrum Kusumawati, Irony of Human Trafficking Impersonated the Delivery of
"Hero of State Foreign Exchange", Volume 8 Journal of Novelty Law No. 2 of 2017
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Human Trafficking, Legal Panorama Journal, Volume no. June 1, 2016

Santai (Tunas Alam Foundation), 2004, The other side of Senggigi tourism, stories of children of
tourism victims, NTB, Tunas Alam Foundation and ACILS, Lombok