Law amended to deter people smuggling
Law amended to deter people smuggling
Muninggar Sri Saraswati, The Jakarta Post/Jakarta
The government has submitted to the House of Representatives a
bill on amendments to Law No. 9/1992 on immigration, which would
criminalize human trafficking.
The bill says anyone who is found guilty of human trafficking
-- into or out of the country -- for profit, could face between
four and 15 years in prison, or fines amounting to between Rp 500
million (US$54,171) and Rp 1 billion.
Prison terms and fines could also be imposed on illegal
migrants who enter Indonesia en route to a third country,
including boat people. If found guilty, they could face up to
three years in prison or a fine of up to Rp 500 million.
The bill says illegally staying in the country or visa forgery
carry punishments of up to five years imprisonment, or a maximum
fine of Rp 750 million, while visa violations are punishable with
up to one year in prison or a Rp 250 million fine.
Indonesian citizens who facilitate visa forgery, provide
shelter for illegal migrants or employ blacklisted foreigners
could face sentences of between three months and five years in
prison, or fines ranging from Rp 200 million to Rp 750 million.
Among several reasons the government cited for the amendments
to the existing immigration law are the increased number of cases
of human trafficking, illegal migration and the trafficking of
women or children.
The law threatens illegal migrants with punishments, but
cannot touch human traffickers.
Indonesian law enforcers have so far charged suspected human
traffickers -- who are usually foreigners -- with visa
violations, which carry a maximum punishment of six years in
prison.
The police have often complained of difficulties in taking
human traffickers to court.
Due to legal problems, Indonesia encountered a diplomatic row
with neighbor Australia following a sea accident which left 347
Middle East migrants dead after their vessel sank in the waters
near Christmas Island two years ago. The ship was heading to
Australia from Lampung.
Indonesian police arrested Egyptian Mootaz Attia Mohamad Hasan
alias Abu Quassey, who was held responsible for the incident, but
could not charge him with human trafficking, nor extradite him to
Australia, whose law criminalizes human trafficking.
Indonesia deported Quassey to his home country last year.
Australia has since asked Jakarta to eradicate human
trafficking syndicates believed to have been operating throughout
the archipelago.
Boat people and asylum seekers, mostly from Middle Eastern
countries, favor Indonesia as a transit point on their way to
Australia or the United States, taking advantage of Indonesia's
vast and porous coastlines.
An estimated 3,500 illegal migrants are stranded in Indonesia,
on their way to Australia.
The House will soon begin deliberating the bill, which was
prepared by the government two years ago. Lawmakers expect to
endorse it before they complete their five-year terms at the end
of September.