vii

PREFACE

Praise and gratitude to Almighty God, Jesus Christ for the abundant love,

mercies and guidance so this thesis can be well completed and submitted punctually.

The thesis titled “THE NEGOTIATION BETWEEN REPUBLIC OF

INDONESIA AND MALAYSIA CONERNING PROTECTION OF INDONESIAN

LABOR MIGRANTS 2006-2010” was made to fulfill a part of the academic

requirements to achieve the Bachelor Degree in Social Sciences, Pelita Harapan

University, Karawaci.

The Author realize that without the guidance, help, support and prayer from

many people, this thesis would never been completed in the right time. For that, the

Author would like to acknowledge and say thanks for the following persons:

1) Mr. Edwin M. B. Tambunan, S.I.P, M.Si, as the supervisor of this research for

his time, patience, advice, guidance, inspiration, the substantial support of this

research and the motivation given.

2) Prof. Aleksius Jemadu Ph. D, as the dean of the Faculty of Social and Political

Sciences.

3) Mr. Roy Vincentius Pratikno, B.Sc., M.M. as the head of International

Relations Department.

4) Mr. Indra Khrisnamurti, S.Sos., M. Asian St., as co-supervisor of this research

for his support of technical and substantial needs of this research.

viii

5) Ms. Nia Larissa Lemuella A. P., S.IP., MBA., as a lovely best friend and the

lecturer of several subjects in International Relations Department, for her

dedication, lifetime investment, and support.

6) Mr. Andri Oarto, S.T., M.Cont.Mgmt., for giving the best opportunity to study

at UPH, for his support and helping hand for the last four years.

7) The best family in the world, my mother Mrs. Herlina, my father Mr. Soen

Keng Kie, my sister Astrid Asriani, Bertha Berliana, Debby Devina and my

brother Edwin Ekanugraha for the support and continuity in prayer.

8) The best mentor ever, Novi Lina, for her lifetime investment, dedication on

mentoring, prayer and abundant love; Glory Ekasari, for her time and support

in prayer at the mean time and for the technical needs of this research.

9) Mrs. Lenny Hartono and Mr. Stanley Imam, for the support and kindly

helping hand that brings the opportunity to study at UPH.

10) Gabriel Gradianto for being the best supporter, great partner to discuss the

substantial needs, the best contributor to gather information, and the lovely

friend who always there in the thesis making process.

11) The Family of Spiritual Growth for Students 2010/2011, for the endurance

prayer and support during the thesis making process. Special thanks for

Wilyam Makinto for the helping hands in times of need.

12) Two lovely mentee, Floren Antony and Mariska Adriana for the prayer,

support and being nice at the thesis making process.

ix

13) Kepo Family, Terrylin Lovi and Della Florencia, for the cheer up moments

that bring joyfulness during the thesis making process.

14) Supervisor MYC Team 2010/2011 Michelle Nobelita Parasian, Hilda Delvia,

Ester Ariana, and Marlene Kurniawan for the sisterhood and supports.

15) Beloved classmate in international class, Marsheila Kandow for her support in

the making of this thesis and for the technical knowledge, Agnes Susanto,

Poppy Martenella, Jessica Helmi, and Fiona Tandean for the support and love

given.

16) The Family of Sapo Tahu as well as the Family of GBI Regency I, thank you

for the support and prayer at the thesis making time.

17) For the staffs at Ministry of Foreign Affairs, Mrs. Gitasari R. Widowati, Mr.

Purna Cita Nugraha, and Mrs. Suciati Tungga Dewi for the information’s

given and the inspiring dedication for the sake of humanity.

18) Last but not least, to names that cannot be acknowledged one by one for the

guidance’s, help and support during the thesis making process.

Finally, the Author realizes that there are still many deficiencies in this thesis.

Therefore, suggestions and critics from readers are very welcome. Hopefully this

thesis could bring advantages for all the people who read it.

Karawaci, 11 July 2011

Cindy Cintasih

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TABLE OF CONTENT

Page

TITLE PAGE

STATEMENT OF THESIS ORIGINALITY

THESIS ADVISOR PPROVAL

BOARD APPROVAL

ABSTRACT v

PREFACE vii

TABLE OF CONTENT x

LIST OF FIGURE xiii

LIST OF TABLES xiv

LIST OF ABBREVIATION xv

APPENDICES xvii

CHAPTER I INTRODUCTION

1.1 Background 1

1.2 Research Problems 8

1.3 Goal and Significance of the Research 9

1.4 The Organization of Thesis 10

CHAPTER II ANALYTICAL FRAMEWORK

2.1 Realism on Negotiation 12

2.2 Negotiation on Interstate Level 15

2.3 Theories of Negotiation 16

2.3.1 Negotiation Theory 16

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2.3.2 Game Theory: Prisoners’ Dilemma 25

2.4 Labor Migration Protection Issues 28

2.5 Analysis Model of Negotiation 31

CHAPTER III RESEARCH METHODS

3.1 Scope of Research 33

3.2 Research Type and Method 34

3.3 Type and Sources of Data 35

3.4 Data Collecting Technique 37

3.5 Data Analysis 38

CHAPTER IV ANALYSIS

4.1 The Needs of Indonesian Labor Migrants: 40 Brotherhood to Illegal

4.1.1 National Interest of Malaysia: 48 The Intersection of Economic and Security 4.1.2 National Interest of Indonesia: 52 Protection of Indonesian Labor Migrant as the Requirement of Economic Sector Development 4.1.3 The Friction of National Interest: 58 Demand of Protection versus Unwillingness to Protect

4.2 The Process of Negotiation: 60 From Memorandum to Moratorium 4.2.1 First Step of Negotiation: 61 The Initiation of Negotiation

4.2.2 Second Step of Negotiation: 65 Formulize Important Framework 2007- 2010

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4.2.3 Third Step of Negotiation: 100 The Factors Behind the Tough Negotiation

4.3 Game Theory on the Preliminary Outcome of Negotiation 103

CHAPTER V CONCLUSIONS AND RECOMMENDATIONS

5.1 Conclusions 109

5.2 Recommendations 111

BIBLIOGRAPHY 114

APPENDIX

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LIST OF FIGURES

Figure 2.1 The Process and Possibilities that Might Occurred in Negotiation……....19

Figure 2.2 Simple Model of Game Theory…………………………………….…….26

Figure 2.3 The Analytical Framework Scheme……………………….……………..31

Figure 4.1 National Interest of Malaysia……………….……………………………52

Figure 4.2 The Role of Three Different Meeting to the Negotiation Between

Indonesia and Malaysia……………………………...................……………………99

Figure 4.3 Negotiation Timeline 2006-2010….……………………………………102

Figure 4.4 Game Theory on The Decision-making Process……………….....…….104

Figure 4.5 The Gap Position of Indonesia and Malaysia……………...........………107

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LIST OF TABLES

Table 4.1 Number of Migrant Worker in Malaysia Based on The Country of

Origin……………………………………………………………………………...…43

Table 4.2 Statistics on Placement of Indonesian Labor Migrants by Major Destination

Country in 2009………………………………………………………………...……44

Table 4.3 The Negotiation Timeline 2006-2010…………………………………….86

Table 4.4 The Comparison of Negotiation in Three Different Meeting……………..95

Table 4.5 The Game Theory on The Preliminary Outcome of Negotiation………..105

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LIST OF ABBREVIATION APBN Anggaran Pendapatan Belanja Negara (Revenue Budget Expenditure)

ASEAN Association of Southeast Asian Nations

ACMW ASEAN Declaration on the Protection and Promotion of the Rights of Migrant Workers

B2PTKI Badan Nasional Penempatan dan Perlindungan Tenaga Kerja Indonesia (The National Authority for the Placement and Protection of Indonesian Overseas Workers)

BP3TKI Balai Pelayanan Penempatan dan Perlindungan Tenaga Kerja Indonesia (Agency for the Service, Placement and Protection of Indonesian Overseas Workers)

G-to-G Government-to-Government IDM Immigration Department of Malaysia IOM International Organization for Migration IRA Indonesian Recruitment Agency ILO International Labour Organization

JWG Joint Working Group KBRI Kedutaan Besar Republik Indonesia (Embassy of the Republic of

Indonesia)

LoI Letter of Intent MoU Memorandum of Understanding

MRA Malaysian Recruitment Agency PRT Pekerja Rumah Tangga (Domestic Migrant Worker)

RELA Ikatan Relawan Rakyat Malaysia (People’s Voluntary Corps is a

paramilitary civil volunteer corps formed by the Malaysian Government. Their main duty is to check the travel and immigration documents of foreigners in Malaysia, including tourists and migrants, to reduce the increasing rate of irregular migration in Malaysia.)

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TKI Tenaga Kerja Indonesia (Overseas Migrant Worker/Labor Migrants)

TEVP Temporary Valid Work Visa UN United Nations UNDP United Nations Development Program WNI Warga Negara Indonesia (The People of Republic Indonesia)