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Tracer Study on the Application of Financial Investigation Knowledge AAPTIP Indonesia Country Office August 29th – September 1st, 2016 Erwien Temasmico - Indonesia NMEIO Floryda Sabar-Dame – Indonesia CPFAM CONTENTS A. Tracer Study Background ......................................................................................................................... 3 Purpose of the Tracer Study .................................................................................................................... 4 B. Key Findings............................................................................................................................................. 4 Process of Data Collection and Methodology .......................................................................................... 5 Limitation during Data Collection ............................................................................................................ 8 C. Detailed Analysis of Findings ................................................................................................................... 8 1. Training Content................................................................................................................................. 8 1.1. Respondent’s views of most interesting content from the training ............................................ 8 1.2. Learned from the Training ........................................................................................................ 10 2. Using Knowledge and Skill in Workplace .......................................................................................... 11 2.1. Knowledge Sharing ................................................................................................................... 11 2.2. Specific Skills Utilised ............................................................................................................... 13 2.3. Current Situation & Practices ................................................................................................... 14 3. Network Utilising ............................................................................................................................. 17 3.1. Utilising the Contact List ........................................................................................................... 17 4. Challenges and Recommendations ................................................................................................... 18 4.1. Gaps, Challenges Identified ...................................................................................................... 18 4.2. Respondents Suggestion/Recommendation ............................................................................. 19 D. Conclusions............................................................................................................................................ 20 Opportunities for AAPTIP ...................................................................................................................... 21 SUCCESS STORY: ............................................................................................................................................ 22 Success Story One .................................................................................................................................. 22 Success Story Two.................................................................................................................................. 24 ANNEXES: ...................................................................................................................................................... 25 Key Question Guideline ......................................................................................................................... 25 Rundown Seminar Held in Bandung Organised by West Java Provincial Police ...................................... 26 Indonesia CPC Mission Report ............................................................................................................... 27 Page 2 of 28 A. TRACER STUDY BACKGROUND From Feb 29 to March 3 2016, AAPTIP delivered training on financial investigations to 28 multidisciplinary practitioners in Bogor, Indonesia. Program Goal: Within the legal and procedural limitations of their roles, to provide the participants with the requisite skills and knowledge to enable them to identify, implement and manage the use of financial investigation techniques so as to identify, sequestrate and seek the confiscation of the proceeds and instruments of trafficking crime. Program Learning Objectives: At the end of the program, participants will be able to: 1. Fully describe the multi-faceted rationale for the use of financial investigation and confiscation powers in trafficking cases 2. Demonstrate sound knowledge of the legislative and procedural requirements of Indonesia law on financial investigation and confiscation of the proceeds and instruments of crime. 3. Have a sound grasp of the mandate, structure and operation of the Anti-Money Laundering Council and of the mechanisms for cooperation with it. 4. Identify and describe the current range of money laundering typologies that are commonly associated with trafficking crime. 5. Demonstrate a range of practical skills in the development of financial investigation strategies and evidence gathering techniques to facilitate the identification, sequestration and confiscation of the proceeds and instruments of trafficking crime. Based on the evaluation results of the training, it was found that 96% of the workshop participants had increased knowledge following the training course. Fifteen of the twenty-five participants indicated that they were willing to apply the techniques/knowledge/abilities in their working environment and they also wished to share this knowledge with their colleagues. Some participants also mentioned that they would change their way of thinking – for example, they would look more closely at evidence, or find evidence that would lead them to be capable of seizing assets owned by perpetrators. This study also reviewed the application of knowledge gained by the investigators in relation to seizing assets of criminals of trafficking in persons. Page 3 of 28 PURPOSE OF THE TRACER STUDY The objective of this study was to measure or capture the current situation as to if and how the participants have applied the knowledge gained while attending the workshop in their work and if not, why? How participants used the training network introduced through the training course was also a focus of the study. The questions focused on the application of new knowledge and skills in their work activities. B. KEY FINDINGS Key findings of the study are: • • • All investigators who were the targets (respondents) of the study reported difficulties in proving money laundering crimes because the arrested criminals were those who only played a role as the field recruiters. The investigation was incapable of reaching the main perpetrators or the corporate perpetrators. They also mentioned that the biggest challenge in the process of financial investigation in TIP crimes was how the investigation process of the original TIP crimes could be attributed to money laundering crimes; therefore, the investigators needed concrete examples on the application of addressing money laundering crimes in original TIP crimes; The West Java Provincial Police had managed to do some activities with regard to the dissemination of information about money laundering, such as the technical coordination meeting held in June 2016, which was attended by the Criminal Investigation Unit Head and the Women and Children Services Unit in the West Java Police. This meeting discussed issues of the application of addressing money laundering crimes in original TIP crimes. In August 2016, the West Java Police conducted a seminar discussing the insolvency of TIP perpetrators through the application of addressing money laundering crimes, which was initiated by the head of sub-directorate IV of the West Java Provincial Police (who was a participant of the financial investigation workshop implemented by AAPTIP). In this event, he also shared his knowledge about money laundering crimes associated with TIP crimes; After the financial investigation workshop in February, the Cianjur District Police handled a TIP case (sexual exploitation) in which the file was returned by the prosecutor (who was a participant of the financial investigation training) with instructions to the investigator to undertake a money laundering investigation. Currently Cianjur District Police’s investigator is preparing the evidence relating to the money laundering crime to be submitted back to the prosecutor; Page 4 of 28 • • • • In the Sukabumi District Police no TIP cases have been handled since the training, but there was one case of human smuggling handled by the investigator (who was also a participant of the financial investigation workshop). Currently, the investigator is attempting to incorporate money laundering elements in the investigation; Three TIP cases (two sexual exploitation cases and one forced labour case) were handled by two respondents from the TIP taskforce at ATUs of Indonesian National Police Headquarter after the financial investigation workshop. Similar to the West Java Police’s investigators, they also found it difficult to prove the flow of funds to capture the perpetrators under the money laundering articles, in spite of the fact that the perpetrators’ bank accounts had been seized – they did not find any suspicious or unnatural financial flows, and the amount of money in the accounts was also fairly small; So far, the participant list distributed at the workshop as part of strengthening of network has not been fully or optimally utilised by the participants. From this study, it was only found that investigators at the district police level had used the participant list to contact senior investigators of regional police but had never communicated intensively with the participants from other institutions, such as the Indonesian Centre for Financial Transaction Reporting and Analysis (“PPATK”); and Advanced training was reportedly highly needed by investigators to improve their skills, abilities, and knowledge. With regard to the methods used in the financial investigation workshop in February, it was deemed “very good” and would be better if more case study examples from Indonesia or from cases occurring in ASEAN regions were provided. PROCESS OF DATA COLLECTION AND METHODOLOGY The data collection process was conducted in four regions (offices) that were the target areas of the AAPTIP program, namely the Criminal Investigation Division of the Indonesian National Police Headquarter, the West Java Provincial Police, the Cianjur District Police, and the Sukabumi District Police. Selected respondents were 16 investigators of the four regions participating in the financial investigation workshop held in Bogor on February 29 to March 3 2016 (4 females, 12 males – 3 from the TIP Task Force at the Criminal Investigation Division of INP Headquarter, 7 from the West Java Police, 3 from the Cianjur Police, and 3 from the Sukabumi Police). As some investigators were unavailable, the actual invetsigators who could be involved in the study were 10 people as follows: 2 male investigators from the TIP Task Force of INP Headquarter, 3 male investigators and 2 female investigators from the West Java provincial Police office, 1 male investigator from the Cianjur district Police, and 1 male and 1 female investigator from the Sukabumi district Police, plus 5 additional respondents (3 males and 2 females) as comparison respondents, as shown in chart 1. Page 5 of 28 5 3 2 2 3 0 0 West Java Provincial Police Office, Bandung 3 1 2 1 1 1 Cianjur District Sukabumi District Police Office, Police Office, Cianjur Pelabuhan Ratu 3 2 0 0 0 2 0 INP ATUs Other Respondents Planned Female 2 0 2 0 0 Actual Female 2 0 1 0 2 Planned Male 5 3 1 3 0 Actual Male 3 1 1 2 3 Chart 1-Planned and actual number of respondents per location and gender Focus Group Discussion (FGD) was selected as the method of data collection in this study due to time saving opportunities in collecting data in four different locations, as well as learning from the experience of Rapid Assessment data collection in January which showed that respondents preferred to do the data collection in groups. However, respondents to each FGD were limited to only involving three respondents for each FGD in order for the respondents to be more focused and to minimise the possibility of respondents being affected by more dominant respondents (please see the table of respondents below). Location Name of Respondent Bandung, August 29th, 2016 1. AIPTU1 Rosmawati 2. AIPDA2 Suharwoyo 3. BRIPKA3 Gugun Sudrajat Gender Female Male Male Bandung, August 30th, 2016 1. AKP4 Dini Hardiati 2. AKBP5 Ade Mulyana Female Male 1 AIPTU = First Police Inspector Adjutant AIPDA = Second Police Inspector Adjutant 3 BRIPKA = Chief Police Brigadier 4 AKP = Police commissioner Adjutant 5 AKBP = Police Grand Commissioner Adjutant/Superintendent 2 Page 6 of 28 Cianjur, August 31st, 2016 Sukabumi, September 1st, 2016 1. AIPTU Dhomir Male Additional Respondents: Female Male BRIPTU6 1. Putri Ayu 2. AKP Benny 1. BRIGADIER Muhammad Fajar 2. BRIPDA Sherly Male Female Additional Respondent: Male 1. BRIPKA Anton Pebrianto By Phone: Jakarta, September 2nd, 2016 Jakarta, September 20th, 2016 1. Agatha C Wangge – Functional Prosecutor Cianjur 2. IPDA7 Dory – Kanit PPA POLSEK Parung Kuda 1. IPDA M Ashary Firmansyah 2. IPDA I Gede Dewa Ady Sugihartha Female Male Male Male For the main respondents of FGDs, open-structure questions were employed, which were divided into four categories, whereas for the comparison respondents, two open-structure questions were used (please refer to the annexes for more details). Respondents were selected using two sampling methods: 1. Purposive sampling – The target respondents (main respondents) were determined prior to the implementation of the study, involving investigators who participated in the financial investigation workshop in four working areas of AAPTIP (the Criminal Investigation Division of the Indonesian National Police Headquarter, the West Java Provincial Police, the Cianjur District Police, and the Sukabumi District Police); therefore, when a target respondent was unable to attend the FGD process, his/her representation could not be replaced by another investigator who was not a participant. 2. Snowball sampling - Respondents were selected when their names appeared in the discussions with the main respondents. The process itself could be regarded as the Triangulation process8, where the results of interviews with these respondents could validate the statements of the main respondents. 6 BRIPTU = First Police Brigadier IPDA = Second Police Inspector 8 Tracing and measurement process of a series or network of triangles in order to determine the distance and relative positions of points – Michael Quinn Patton, Qualitative Research & Evaluation Methods, SAGE publication, 2002 7 Page 7 of 28 LIMITATION DURING DATA COLLECTION There were several factors that have had an impact on the quality and consistency of data from respondents, as follows: o o o o 4 (1 from the Trafficking Task Force at INP Headquarter, 2 from the Cianjur District Police, and 1 from the Sukabumi District Police) of the 16 workshop participants selected to be the respondents were not in the same positions and/or unit as when they participated in the event, making it difficult to gather information relating to the application new skills in TIP cases because they no longer handle TIP cases; The use of FGD in the data collection method had some limitations in the data analysis: for example, a response given in group was difficult to attribute as individual response, making it very difficult to separate data by gender and level of experience or training; The absence of some target respondents – 2 respondents from the West Java Provincial Police were unable to attend because of one person being out for assignment and another being sick; 2 respondents from Cianjur district police office were also unable to attend because of having investigations while they also have been transferred to other units; 2 respondents from the Sukabumi District Police were busy with an investigation; and one person from the Trafficking Task Force of INP Headquarter had been transferred to the West Kalimantan Regional Police. Previously all the target respondents had agreed to attend the FGD on the day in their respective regions except the investigator from the Trafficking Task Force of INP Headquarter who has been transferred to another area; The results of this study might not represent the conditions and situations of Indonesia entirely due to the small samples taken in this study, but it represents the situations and conditions in the four offices taken as the targets of the AAPTIP program. C. DETAILED ANALYSIS OF FINDINGS 1. TRAINING CONTENT 1.1. RESPONDENT’S VIEWS OF MOST INTERESTING CONTENT FROM THE TRAINING Although money laundering is not a new issue for the participants, the subject of money laundering in TIP cases is new knowledge and/or new skills for all participants (100%), especially the procedures for the application of money laundering components in TIP investigations. Page 8 of 28 Money Laundering channels and mechanism Victim management Company Financial analysis method & collecting the evidences 2 2 0 0 0 0 4 1 1 1 3 0 Indonesian Anti Money Laundering Law 2 1 2 2 INP ATUs Sukabumi District Police Office Cianjur District Police Office West Java Provincial Police Office Chart 2 - Interesting Content (n = 10, Multiple Answer) The interesting content according to the respondents in the financial investigations workshop as followed: a) Indonesian Anti-Money Laundering Law – 50% of the respondents stated that they acquired new knowledge in which TIP cases could also be related to money laundering cases. b) Company’s Financial Analysis Methods, including the tricks and how to collect evidence – 60% of the respondents were interested in the methods or strategies to collect evidence and how to analyse it. c) Victim Management – 20% of the respondents acquired lessons on how to manage victims, including paying attention to the rights of victims. d) Money Laundering Mechanisms and Channels – 80% of the respondents said that another advantage/benefits to participate in the workshop was they (the participants) had a network or a new channel for the collection of evidence and came to know about the roles and responsibilities as well as abilities of institutions including PPATK. The analysis methods of financial investigations and evidence collection strategies were the most interesting contents, while the biggest advantage they acquired from the workshop was to get a new network, and then became more understanding about the mechanisms to conduct financial investigations. Page 9 of 28 1.2. LEARNED FROM THE TRAINING The respondents reported having learned many things from this workshop. The investigators from the West Java Provincial Police stated that before the workshop they never imagined how to conduct an investigation of money laundering on TIP cases, because all this time the respondents in the target regions of the AAPTIP program had never handled such cases. According to the respondents, there were three important things they learned from the workshop, as follows: 1. Planning – How to make plans to conduct financial investigations. 2. Strategy – Thinking about what strategies were the best and most effective, and appropriate to conduct financial investigations. 3. Tactics – Developing some choices/options when conducting financial investigations. In terms of financial investigation, the respondents believed that in Indonesia so far there has been no concrete examples in which TIP perpetrators were also charged with money laundering offenses. Because not all investigators and even prosecutors understood how to relate TIP cases to money laundering cases; most of them related money laundering to corruption cases as stated by one investigator from Cianjur: “BEFORE BECOMING A PARTICIPANT I THOUGHT THAT MONEY LAUNDERING ONLY RELATED TO CORRUPTION, BUT IT DOES NOT. IN FACT, ALL TYPES OF CRIMES THAT GENERATE HUGE AMOUNTS OF MONEY HAVE THE POTENTIAL FOR MONEY LAUNDERING CRIMES, SUCH AS TIP. THE WORKSHOP HELD BY AAPTIP HAS OPENED MY MIND AND EYES ON IT.” The respondents from the Sukabumi District Police mentioned that what they learned from the workshop was an understanding of coordination channels/mechanisms with PPATK, coordination with prosecutors, and relating the TIP law to law No. 8 of 2010 on money laundering. From the data obtained in this study, it can be concluded that the relating of TIP cases to money laundering cases was new knowledge for the participants, and overall, the financial investigation workshop held by AAPTIP in February improved the participants’ knowledge and awareness of financial investigations in TIP cases and opened their minds to the links between TIP and money laundering. Page 10 of 28 2. USING KNOWLEDGE AND SKILL IN WORKPLACE 2.1. KNOWLEDGE SHARING All the respondents said that they had shared the knowledge they gained from the financial investigation workshop with their colleagues, through a variety of methods and/or ways. a) West Java Provincial Police After the workshop in February 2016, the West Java Provincial Police had conducted two activities with regard to money laundering investigations related to original TIP crimes as the topics. These two activities were: 1. Rakornis (Technical Coordination Meeting), held in July 2016 in Bandung, attended by the Criminal Investigation Unit Head and the Women and Children Services Unit 9 , in which the investigators participating in the financial investigation workshop shared a wide range of knowledge and experiences learned during the workshop held by AAPTIP. 2. On August 9, 2016, the West Java Provincial Police held a seminar with the theme “Impoverishment of TIP Perpetrators through the Money Laundering Law Enforcement”, which was attended by academics, law enforcement officials, NGOs, and AAPTIP (please see annex for evidence). To validate this information, the triangulation process was applied by interviewing participants in the seminar, one of whom was an investigator of the Sukabumi District Police on behalf of head of CID. He stated that the seminar content was new for most participants, i.e. how to link TIP cases to money laundering cases. Additionally, the Country Program Coordinator(CPC) of AAPTIP Indonesia also verified the statement since CPC AAPTIP Indonesia was present at the seminar. Both activities were 100% funded by the West Java Police. The organiser AKBP Ade Mulyana (the Head of Sub-directorate IV, the General Crime Detective Directorate) stated that the event was inspired by the workshop in February held by AAPTIP in Bogor. 9 (AAPTIP attempted to verify the event to the head of CID Cianjur but he was not present at the event while new head of CID unit of Cianjur only been served two weeks in Cianjur District Police; whereas Head of CID Sukabumi District Police was out for other duty while the new Chief of Unit in charge has just been assigned for less than one month). Page 11 of 28 “THIS SEMINAR WAS ACCOMPLISHED DUE TO THE INSPIRATION FROM THE EVENT THAT I ATTENDED IN FEBRUARY WITH AAPTIP WHERE RELATING TIP CASES TO MONEY LAUNDERING CASES WAS AN INTERESTING TOPIC; THEREFORE, I FIRST PROPOSED FUNDING FOR THIS EVENT TO AAPTIP BUT IT SEEMED THAT AAPTIP HAD DIFFICULTIES TO FUND THIS ACTIVITY, SO I TRIED TO PROPOSE TO USE THE WEST JAVA PROVINCIAL POLICE’S BUDGET AND IT WAS APPROVED BY THE LEADERSHIP. IN ORDER FOR THIS EVENT TO ECHO EVERYWHERE AND BE ABLE TO INSPIRE ALL PEOPLE, I DID NOT ONLY INVITE LAW ENFORCEMENT OFFICERS BUT ALSO ACADEMICS AND NGOS.” b) Cianjur District Police In Cianjur District Police, the respondents also shared their knowledge through a direct interaction during the case handling process and indirectly by sharing the workshop materials using a USB stick. This was confirmed by the statement of an investigator from the Cianjur Police who was not a participant of the financial investigation workshop. “MR. DHOMIR (ONE OF THE WORKSHOP PARTICIPANTS FROM THE CIANJUR POLICE) DISTRIBUTED WORKSHOP MATERIALS TO THE INVESTIGATORS AT THE WOMEN AND CHILDREN PROTECTION UNIT WHILE INFORMALLY SHARING HIS EXPERIENCE WHEN PARTICIPATING IN THE WORKSHOP. HE EMPHASISED THAT WHEN WE HANDLED TIP CASES, AS FAR AS POSSIBLE WE SHOULD ALSO INCORPORATE MONEY LAUNDERING ELEMENTS.” In Cianjur there was no opportunity to organise a similar activity to the event organised in West Java. c) Sukabumi District Police The Sukabumi respondents also shared their knowledge directly and indirectly. In July 2016, the Sukabumi Police’s Criminal Investigation Unit invited Criminal Investigation Units of Sub-district Police Offices under the Sukabumi Police’s supervision to attend a technical guidance event held by the Sukabumi District Police in Pelabuhan Ratu. One of the topics of discussion was the handling of TIP cases related to money laundering cases, and to provide information on investigation processes and mechanisms to how to coordinate with PPATK. d) INP Headquarters – Anti Trafficking Unit The post-workshop knowledge sharing process was conducted by the participants from ATU of INP Headquarters through informal ways. They reportedly shared their knowledge gained from the workshop held by AAPTIP while having their case conferences or in informal discussions. They stated that Page 12 of 28 they had never shared the knowledge through formal activities such as technical assistance or seminars or roundtable discussions and others. The initiative shown by the West Java Provincial Police in disseminating the knowledge and instructing to include money laundering components in each TIP investigation process indicates a level of progress in terms of awareness of including money laundering investigations when handling TIP cases. 2.2. SPECIFIC SKILLS UTILISED The Cianjur District Police investigators handled one TIP case after the financial investigation workshop in February 2016. ATU of the INP Headquarters handled three TIP cases after the financial investigation workshop, while the Sukabumi District Police handled a human smuggling case, rather than TIP cases. In particular, skills that were utilised by the respondents so far in the handling of TIP cases related to money laundering components are: 1. Collection of data/evidence to find the existence of replaced money/funds – In one case it was important to understand that not all TIP cases always relate to money laundering. The case was an online trafficking case, in which the perpetrator was poor and working alone, no other businesses were identified, thus money laundering was difficult to prove based on the data or evidence obtained from the inquiry or investigation results. 2. Designing and managing data – Use of the technique of how to process the data as material for the investigation and writing of case files; some examples of questions to collect data are: (1) how many victims of TIP have been identified? (2) How much income or advantage has been gained by the perpetrators? In relation to financial investigation – to whom and where has the money gone? (Follow the money) and to which account? – As taught by Paul Holmes (the Transnational and Financial Investigations Adviser) at the financial investigation workshop according to the respondents. Unfortunately, the respondents have not been able to apply these skills optimally, due to the lack of TIP cases investigated and cases to which money laundering components could be included. This is in part due to the low level of perpetrator targeted as noted previously. Only three respondents (2 females; 1 male) from the West Java Provincial Police mentioned that they were collecting data targeting the perpetrators under money laundering law (for a sexual exploitation case); and one male respondent from Sukabumi had yet to started including money laundering components in the Page 13 of 28 investigation but thought to include such components later into the investigation of the human smuggling case he was handling. On the other hand, there was one sexual exploitation case handled by the Cianjur District Police, (not involving any investigators who participated in the financial investigation workshop), in which the case file was returned by the appointed prosecutor (P19), (who was one of the financial investigation workshop participants); the prosecutor requested the Sukabumi Police investigator to collect evidence in relation to money laundering in the investigation file. The same problem was also faced by the respondents from the anti-trafficking unit at the Criminal Investigation Unit of INP Headquarter. While they were handling three TIP cases (1 labour trafficking case, two sexual exploitation cases), they were having difficulties in finding evidence for money laundering cases, but at least they had tried to seize the savings accounts of the suspects as part of the evidence collecting process. 2.3. CURRENT SITUATION & PRACTICES Three of the thirteen target respondents were transferred and did no longer serve the same positions as they were when becoming the participants of the financial investigation workshop. For more details please see the chart below). 16 12 7 7 3 0 POLDA Jawa Barat 2 3 1 POLRES Cianjur 1 2 POLRES Sukabumi Participants Displacement 4 3 1 2 INP ATUs TOTAL Current Chart 3-Respondent Position Before and After Training There was no displacement or transfer at the West Java Provincial Police; two respondents from the Cianjur District Police were transferred to other units, one person being transferred to the drug unit and another being transferred to the properties and objects unit; one respondent from the Sukabumi District Police was transferred to the human smuggling unit; while one respondent from ATU Task Force Page 14 of 28 of the Criminal Investigation Unit at INP Headquarter was transferred to the West Kalimantan Provincial Police. As mentioned earlier, a case at the Cianjur District Police was returned by the prosecutor requesting additional money laundering investigations – the prosecutor was a participant of the financial investigation workshop in February 2016. Referring to the method used in this tracer study, M&E AAPTIP interviewed the prosecutor as part of the triangulation process. According to the prosecutor, the case file submitted by the Cianjur Police’s investigator did not include restitution components and money laundering components – according to her, this is because of lack of capacity of the Police’s investigator, as stated by the prosecutor: “IN CIANJUR NOWADAYS THERE HAS BEEN A DECREASE IN THE QUALITY OF THE INVESTIGATORS, ESPECIALLY THE INVESTIGATORS HANDLING TIP CASES – THIS IS BECAUSE NOW THE INVESTIGATORS IN THIS UNIT ARE NEW INVESTIGATORS AND NEVER RECEIVED TRAINING IN THE FINANCIAL INVESTIGATION. WITH REGARD TO THE CASE FILE I RETURNED BACK, I WANTED THEM TO INVESTIGATE THE FINANCIAL INVESTIGATION BASED ON THE SCIENCE AND KNOWLEDGE THAT I RECEIVED FROM THE FINANCIAL INVESTIGATION WORKSHOP HELD BY AAPTIP IN FEBRUARY AND THIS IS THE INTERESTING PART OF THE WORKSHOP TO RELATE TIP CASES TO MONEY LAUNDERING CASES.” A respondent in Sukabumi who was transferred to the human smuggling unit was currently handling a human smuggling case and attempted to incorporate financial investigation components into the smuggling investigation process as per the knowledge received from the financial investigation workshop organised by AAPTIP. It proved that the knowledge they gained could still be applied by them even though their jobs were no longer related to the handling of TIP cases. With regard to the number of cases being handled by the respondents after February 2016, it is shown in the chart below: 3 2 1 1 1 1 1 0 0 West Java Provincial Police Office Cianjur District Police Office Sexual Labor INP ATUs Total Chart 4-Cases handling post workshop by Office Page 15 of 28 The West Java Provincial Police handled an online sexual exploitation case and it was still under investigation by the respondents; the Cianjur District Police had a sexual exploitation case, with the case file being returned to the Cianjur Police’s investigator by the prosecutor and the investigator was collecting evidence to include money laundering components; the respondents from ATU of the Criminal Investigation Unit at INP Headquarter were handling three TIP cases, two sexual exploitation cases (Bali and NTT) and a forced labour case (Japan). Meanwhile, no TIP cases were handled by the Sukabumi District Police’s respondents. It was reported by the respondents that the difference the implementation of the new skills they received made were as follows: a) One male respondent from the West Java Provincial Police said that he put more effort to find evidence to prove that TIP cases had occurred and the possibility of money laundering; b) One male respondent and one female respondent said that they were more concerned with accommodating the rights of victims, such as restitution, so that victims knew their rights to restitution – for example, to seek restitution for the victims, the investigators attempted to seize the perpetrators’ assets; c) One female respondent from the West Java Provincial Police has been more thorough and more careful in listening to answers/reports of the victims. She made the questions more detailed against the perpetrators to see if there was a possibility of money laundering; d) One male respondent from Cianjur said that two years ago there was a forced labour case in Banten involving Cianjur residents with the perpetrators being charged by labour articles only. Now the Cianjur District Police were considering reopening the case and applying TIP and money laundering articles; e) Two male respondents and two female respondents said that after receiving the knowledge from AAPTIP, when they found new cases they did not need to read a book or make a guess, they already knew the entry to financial investigations; f) Almost all respondents, 7 (4 males, 3 females) of 8 respondents desired to always try to show and relate TIP cases to money laundering cases; g) One male respondent from Sukabumi mentioned that he become more confident and did not hesitate to conduct TIP investigations and relate them to money laundering cases. Based on the above data, the financial investigation workshop provided the respondents with positive feedback. Unfortunately, not all respondents had handled or were handling TIP cases after the financial investigation workshop, yet at least they were able to identify changes in work that had happened or would happen when they implement their skills. (Please see the chart below) Page 16 of 28 Efforts to find evidence Accommodate victims’ rights about restitution Provide more detailed questions 5 3 1 1 1 Relate it to Major Labor Law knew the entry to money laundering always try to express and relate TIP issues with money laundering will be no hesitation and they have become self-confident 1 2 2 5 3 1 Male Female Chart 5 – Practices in implementing their new skills by Gender -Multiple Answer (n = 10) 3. NETWORK UTILISING 3.1. UTILISING THE CONTACT LIST All the participants admitted that they still kept the contact list of participants provided by AAPTIP so that they could contact the speakers when they need them for consultation. For example, a respondent from the West Java Provincial Police when planning for the implementation of the seminar used the contact list of participants to invite participants from FTRAC and AMLU, including CPC AAPTIP as the speakers. At the district police level (Cianjur and Sukabumi), they used the contact list to consult with the senior investigators at the West Java Provincial Police, such as AKBP Ade Mulyana, AKP (Major) Dini, IPDA Herman, AIPTU Rosmawati and AIPDA Suharwoyo. In general, after the workshop they said that they almost never communicated with other bodies or institutions, but while having the training they intensely discussed and shared experiences. Page 17 of 28 4. CHALLENGES AND RECOMMENDATIONS 4.1. GAPS, CHALLENGES IDENTIFIED Some challenges or gaps that have been identified while trying to implement financial investigation in TIP cases are as follows: • • • • Sometimes the application of money laundering components to TIP perpetrators becomes impossible when it relates to large companies; investigators need to chase the owners, but are only able to reach perpetrators at the manager, recruiter or coordinator level. The main perpetrators are very clever in the management system to have a broken connection between the owners and the company management. When the owners hire a manager to their entertainment venues, they will create a labour contract under which the manager is fully responsible for the running of the companies and the owners will only give directions through other people who are not known to the manager; in other words, the owners will be free from operational aspects. Therefore, if investigators want to know whether or not money laundering cases have occurred, they need to be aware of all transactions made, and to find it out, they need to know the owner identity, which is sometimes impossible to do. Consequently, the financial investigation will be very difficult to implement. Another example is migrant workers becoming victims of human trafficking by labour recruitment agencies (PJTKI); the question is why money laundering cases cannot be imposed on the companies? Because in many cases the companies are not proved to have committed such crimes. They have complete documentation retained, and if fraud is found with regard to the victim’s age, it will be claimed to have been committed by recruiters or parents or sponsors, giving the companies an escape from the crimes. To this day, it is very difficult to find corporate involvement in TIP cases, let alone to investigate money laundering cases; thus, the prosecution for restitution is difficult because officially they have complete data on the labourers. Referring to the respondents, the application of financial investigations in original TIP cases is interesting to them; there are some difficulties, such as openness or fear of the victims themselves, are found to be the investigators’ limitations. According to the Criminal Investigation Unit Head of the Cianjur District Police in an interview on August 31, 2016, Cianjur and Indramayu are the largest sending regions, and to date there have been no TIP cases which have been proved to involve money laundering. Money laundering is very difficult to prove because it involves a long chain. Page 18 of 28 The difficulties are caused by several issues such as: 1. Regarding the investigator’s capacity to uncover the main perpetrators; 2. The real number of crimes is not big (not significant) in terms of the amount of money earned, while even the perpetrators still live in rented houses, rather than having their own houses; thus, it is not possible to execute seizure for restitution. 3. The field recruiters would not confess who the boss is or who asks them to commit such crimes. Thus, the information becomes disconnected to the recruiter level only, rather than to the owner or "Big Fish". This shows the real challenges encountered by investigators in the attempts to conduct financial investigations, one of which is to make the recruiters disclose information or say who the people asking or having them or paying them to provide those who will become TIP victims, making it difficult to uncover money laundering cases. In connection with the above limitations, the respondents said that both individually and institutionally they have done some activities to overcome these problems, such as: • • • Starting to disseminate information to police officers at the sub-district level – many questions were raised by them as to when they could apply financial investigations and how? What kind of evidence must be collected in the field? This demonstrates an interest from police officers at lower levels to at least know what the financial investigation is. As frequently as possible, inviting labour recruitment agencies to discuss the role of companies in the prevention of this issue (trafficking in humans). Strengthening the coordination between senior investigators at the provincial police level or INP headquarter level who are experienced in handling money laundering cases. 4.2. RESPONDENTS SUGGESTION/RECOMMENDATION Some suggestions and recommendations raised by the respondents of the workshop in relation to overcoming obstacles in financial investigation in TIP cases: a) Continuing the training and training with advanced-level topics - Involving PPATK in training activities since their review is expected to assist to lead to the financial investigation components. Given that the activities in February was still very general, the respondents believed that if the training was continued, there would be more police officers who understood money laundering cases in TIP cases. On the other hand, through this training, police Page 19 of 28 b) c) d) e) officers would have the opportunity to meet other police officers from other areas and they would be able to share various experiences and knowledge. Supporting an increase in TIP experts – convincing prosecutors needs reinforcement of information or views from experts; thus, having TIP experts that can be presented before court and have strong arguments would be a great advantage. Supporting a shared understanding - Organising specialist training for the criminal justice system in Cianjur to increase uniformity of views between police officers and prosecutors in handling TIP cases for faster and better implementation. In this case, both police officers and prosecutors can jointly review and discuss the cases together. Organising seminars or special training on money laundering. Involving female police investigators in every training event in order for them to have the right skills in investigation. D. CONCLUSIONS Based on the above findings, several conclusions were identified, as follows: The financial investigation workshop in February has changed the behaviours and ways of thinking, including perspectives of the majority of respondents, making them more cautious and careful in finding evidence, attempting to see any possibility of money laundering cases, and thinking that money laundering did not occur in corruption cases only. Increased capacity of the respondents was identified, especially in the investigation of money laundering cases and they became more confident to incorporate money laundering components in the investigation of TIP cases. It would be better if in the training the case studies given were cases having occurred in Indonesia to give the participants an exact idea, rather than cases from other countries (recognising there are limited cases to use). The involvement of various agencies within the criminal justice system was an important element as shown in Cianjur, where the prosecutor suggested or directed the investigator to incorporate money laundering components in the investigation of TIP case. Displacement or transfer of members was not really a big problem because if they were still able to use or apply their knowledge in their new positions, for example in the people smuggling unit in Sukabumi Police. With regard to the above point, the investigators can be internal resources in their present positions, thereby they could share their knowledge in technical assistance activities, for example. Obstacles to financial investigations include bureaucratic red tape which prevents direct contact with PPATK and difficulties with investigations of corporations or companies. Page 20 of 28 The tracer study activities could address the indicators belonging to AAPTIP, as follows: • 73% (8 out of 11; 5 males and 3 females) of the training participants sampled provided credible examples of their use of new knowledge and skills in TIP investigation (including one investigator in Sukabumi District Police using the skills for people smuggling), particularly in the collection of evidence – despite the complexity to prove TIP cases. • Several of these examples can be considered success cases of promising practice in the implementation of new knowledge and skills – these will be followed up in more detail OPPORTUNITIES FOR AAPTIP A Local Champion has been identified; the Head of Sub-directorate IV of West Java Provincial AKBP Ade Mulyana and his staff have proved that they have a high initiative to share and disseminate the knowledge they have acquired from AAPTIP through the financial investigation workshop. Assisting the police in issuing regulations to simplify the bureaucratic procedures for district police-level investigators so that they can deal directly with PPATK. The enthusiasm of the investigators within AAPTIP’s working areas means these are suitable locations to serve as pilot areas of AAPTIP’s financial investigation programs in Indonesia. Great opportunities for cost-sharing between AAPTIP and counterparts. Page 21 of 28 SUCCESS STORY: Success STORY ONE Name of Actor Office Position Date of Data Collection Data Collector Name : Ms Agatha C Wange : Cianjur District Prosecutor Office : Functional Prosecutor : Oct 29th, 2016 : Erwien Temasmico Trained Prosecutor Encourages Investigator to do Financial Investigation on TIP Cases Agatha C Wange is a Prosecutor of the Cianjur District Prosecutor Office who has prosecuted many TIP cases, particularly in the Cianjur Area. This is why she has been invited by AAPTIP to participate in AAPTIP events where the involvement of prosecutors is important. One of these events was the Financial Investigation Workshop (Under Project 4 in the AAPTIP workplan) held in Bogor on 29 February – 3 March 2016. On 31 August 2016 AAPTIP conducted a Tracer study of the participants of the Financial Investigations (FI) Training course, including the Cianjur District Police Office, looking in particular at evidence of promising practice change. One of the informants of the Tracer Study was an investigator from this office. The interview process revealed much more than practice change on the part of the investigator, it provided credible evidence that the FI training had changed another participant – The prosecutor of a case that the law enforcement informant was investigating. It was revealed that Prosecutor Wange had returned a case file to the investigator with an instruction to complete the file with financial investigation evidence (as learned at the training). On 29 October 2016 AAPTIP had an opportunity to interview Prosecutor Wange in her office (Cianjur District Prosecutor Office) to clarify the findings from the interview with the investigator. Prosecutor Wange explained that on 9 August 2016 the Cianjur investigator sent the TIP case file to her. The file revealed that 20 million rupiah was transferred to the accused, and according to that piece of evidence, she remembered the content of the Financial Investigation workshop organized by AAPTIP which encouraged investigators to “follow the Money”, especially where it may lead to catching the “Big Fish”. This case was complex and involved a woman who had allegedly recruited underage girls to send to Malaysia and/or middle-east through Batam. In the beginning the investigators refused to do financial investigation because they did not have any confidence that the investigation would reveal anything other than small amounts of crime money, but Prosecutor Wange insisted that the investigators do a financial investigation and at least put effort in to digging into the possibility of there being some money laundering on this case. Prosecutor Wange admitted during entire her life as prosecutor this is the first time she has given an instruction to investigators to do a financial investigation on TIP cases. She also admitted that her Page 22 of 28 participation in the FI workshop in Bogor on 29 February – 3 March 2016 had inspired her to encourage the TIP investigators to look at the financial elements of TIP cases and at least try to reveal higher networks so that the victim’s right to get restitution can be accommodated (which was a key message in the financial investigation workshop). he case is still being investigated but Prosecutor Wange is hopeful that with AAPTIP support, investigators can improve their capacity and confidence in financial investigations, especially in TIP cases. As a follow up, the feedback from Prosecutor Wange directly led to the organisation of a one-day workshop in Jakarta – that has in turn led to the formation of a Technical Working Group to draft a Standard Operating Procedure for cooperation between the Financial Investigation Unit (PPATK), the Indonesia National Police (INP) Anti-Money Laundering Unit, the INP Anti-Trafficking unit and INP officers at the provincial and district levels. Several of AAPTIP’s intermediate outcomes are reflected in this success story but the most significant outcome is that “prosecutors coordinate better with investigators” which contributes to “improved prosecutions of exploiters”. Another intermediate outcome is that “male and female investigators know their jobs”, which includes financial investigation of TIP cases. Page 23 of 28 SUCCESS STORY TWO Name of Actor Office Position Date of Data Collection Data Collector Name : Superintendent Ade Mulyana : West Java Provincial Police Office : Chief of Sub-Directorate IV : Nov 1st, 2016 : Erwien Temasmico Wider Dissemination on Financial Investigation on TIP Cases The West Java provincial police office conducted a Seminar on Impoverishing Traffickers/Corporations involved in Trafficking in Persons using Law No.8 year 2010 regarding Countermeasure and Eradication of Money Laundering and invited 150 people from District Police office within West Java, academia, and NGOs. This event was initiated by Superintendent Ade Mulyana as Chief of sub-directorate IV Women and Children of West Java General Crime Directorate who participated in the Financial Investigation workshop held in Bogor on 29 February – 3 March 2016 organized by AAPTIP (under Project 4). One of the objectives of the training was for participants to increase dissemination of knowledge gained from the workshop to other officers in the workplace. According to the results of an interview with Superintendent Ade Mulyana, it was found that financial investigation in TIP cases is a new issue especially for West Java Provincial Police Office and perhaps for Indonesia National Police in general because so far only corruption cases had been considered suitable for financial investigation. As a “new issue”, Superintendent Ade Mulyana took the initiative to arrange the workshop to disseminate this knowledge that he learned in the financial investigation workshop to heads of units in the district police. He expected that the commanders at the district level would subsequently be able to instruct the investigators under their supervision to do financial investigations on TIP cases to catch the higher level of perpetrator. One of the challenges he faced was around the budget for this workshop, which at that time was outside the West Java Provincial Police Office budget. Superintendent Ade Mulyana then asked AAPTIP to fund this seminar event but unfortunately AAPTIP was unable to assist on this occasion, so undeterred, Superintendent Ade Mulyana proposed this event to the local government of West Java Province through several relevant government agencies and finally the local government agreed to fund 100% of this event. Outcomes that this success story reflect include “Influential relationships fostered and achieved” demonstrated by the Superintendent’s willingness to take forward learnings from the FI training, beyond what was expected. His efforts and success at sourcing funding for the workshop provides indications of sustainability and relevance. There is also a level of innovation revealed by this story – encouraging partners to explore new ideas and approach old problems with new strategies. Page 24 of 28 ANNEXES: KEY QUESTION GUIDELINE For Respondents: 1. Refresher of the training content • What was the most interesting content? Why? • What did you learn from participating in the Financial Investigation workshop? 2. Using of knowledge and skills in workplace • Are you still in the same position as you were in the previous workshop? • Did you share the knowledge that you received with other colleagues in your workplace? If yes, How? If not, Why? • Have you investigated TIP cases since the workshop? If yes, how did you apply the newly acquired knowledge of financial investigations during the investigation? • What specific skills have you been able to use? • What difference did applying these skills make to you? 3. Utilising the networks from the workshop • Do you still have the contact list that you got from the training? • Which person (in contact list) have you contacted since the workshop? How? Why? 4. Identify gaps and support needed? • What is the most challenging to applying the knowledge? How can the challenges be addressed? • What kind of support do you need to apply the knowledge? And from whom? For Additional Informant: 1. Colleagues on Sharing Knowledge • Have you heard about financial investigations? From whom? • What did you learn? 2. Other Training Attendances • How the respondents contacted them? • What kind of content they mostly talk about? Page 25 of 28 RUNDOWN SEMINAR HELD IN BANDUNG ORGANISED BY WEST JAVA PROVINCIAL POLICE Day & Date Selasa, Agustus 2016 9 Time Activity/Presentation 07.00-08.00 Participant Registration 08.00-08.05 Sing “National Anthem” 08.05-08.15 Greeting/speech from Committee chairman 08.15-08.30 Greeting/speech from Chief of West Java Provincial police office and open the event 08.30-09.15 Keynote Speaker Ninik Rahayu, SH., MS selaku Anggota Ombudsman Republik Indonesia Topic Political Law in relation with human crime on TIP through application of money laundering law 09.15-09.20 Certificate granting 09.20-09.30 Prayer 09.30-10.00 Coffe break 10.00-12.30 Panels Discussion 10.00-10.20 Panel 1. ATTP TIP crime trend in ASIA regional countries in relation with modus operandi and treatment. 10.20-10.40 2. Prof Dr. Edy Setiadi, SH., MH Topic Applying money laundering law on the TIP case 10.40-11.00 3. INP CID Topic Reveal Tactics and technique and collecting evidence of TIP case on applying money laundering law 11.00-11.20 4. FTRAC Topic Financial transaction tracer on TIP case 11.20-12.30 5. Pararel Session 12.30-12.45 Greeting/speech from Unisba Rector and closing the seminar 12.45-12.50 Sing “padamu Negri” 12.50-13.00 Cordial activity Page 26 of 28 INDONESIA CPC MISSION REPORT MISSION REPORT NAME OFFICE SUBJECT Date : Fatimana Agustinanto – Country Program Coordinator : Jakarta Office : Presentation on Trafficking in Person Typology and Its Handling in ASEAN : 9 August 2016 Purpose • To present on Trafficking in Persons Typology and Its Handling in ASEAN Background The Provincial Police Office of West Java invited representative from AAPTIP in Indonesia to deliver presentations on Trafficking in Persons Typology and Its Handling in ASEAN at the National Seminar on Impoverishing Traffickers/Corporations involved in Trafficking in Persons using Law No.8 year 2010 regarding Countermeasure and Eradication of Money Laundering. Activity Based on the invitation received and upon approval from AAPTIP Management, CPC delivered presentations on 9 August 2016 at Horison Hotel Bandung at the above mentioned national seminar to around one hundred fifty (150) police investigators working for Women and Children Protection Unit and Criminal Investigation Department in district level within West Java Province, academicians, civil society organisations’ activists and post graduate students. CPC’s presentation contains main four (4) topics: (1) Definition of Human Trafficking according to Indonesia’s Anti Trafficking Law No.21 year 2007, (2) Magnitude of the Human Trafficking Problem including Human Trafficking Typology in ASEAN, (3) Challenges in Addressing Human Trafficking in ASEAN and (4) Efforts to Address Human Trafficking in ASEAN. CPC emphasised his presentation to promote formal and non-formal cooperation with other countries which can be done by specialised investigators to combat trafficking through international legal cooperation including mutual legal assistance mechanism as well as the implementation of ad-hoc meetings. Following the presentations, CPC received four (4) responses and questions from participants. They clarified regarding AAPTIP current program to address human trafficking problem, feedbacks for police to improve its investigation works, the involvement of private migrant worker placement agency in trafficking and the role of government to address the problem. Page 27 of 28 Other presenters at the seminar were: 1) Ms. Ninik Rahayu of Ombudsman Indonesia delivered a presentation on Legal Politics on Human Trafficking Crime Through the Implementation of Law No.21/2007 on the Eradication of the Criminal Act of Trafficking in Persons. 2) Prof. Edy Setiadi of Bandung Islamic University delivered a presentation on the Implementation of Law No.8/2010 on Countermeasure and Eradication of Money Laundering. 3) Superintendent Julianto Sirait of Anti-Trafficking Unit of INP delivered a presentation on Tactics and Techniques in Collecting Evidences on Human Trafficking Crime to Support the Implementation of Law No.8/2010 on Countermeasure and Eradication of Money Laundering. 4) Mr. Asep of Indonesian Financial Transaction Reports and Analysis Center delivered a presentation on Searching of Financial Transactions in Human Trafficking Crime. Signed: Fatimana Agustinanto – Country Program Coordinator. Page 28 of 28 Tracer Study on the Application of Reactive Investigation Knowledge AAPTIP Indonesia Country Office August 29th – September 1st, 2016 Picture 1 - POLDA Sumut Erwien Temasmico - Indonesia NMEIO Floryda Sabar-Dame – Indonesia CPFAM CONTENTS A. Tracer Study Background .......................................................................................................................4 Purpose of the Tracer Study ...................................................................................................................4 B. Key findings ............................................................................................................................................4 Process of Data Collection & Methodology ........................................................................................... 5 Limitations during Data Collection ........................................................................................................9 C. Analysis of Findings ................................................................................................................................9 1. Training Content ............................................................................................................................. 11 1.1. Most Interesting Content ........................................................................................................ 11 1.2. Most Useful Content from the Training .................................................................................. 12 1.3. Things to be studied more deeply by the Participants ........................................................... 14 2. Using Knowledge and Skill in Workplace ....................................................................................... 15 2.1. Knowledge and Experience Sharing ....................................................................................... 15 2.2. Respondent Position and Number of Cases Handled ............................................................. 19 2.3. Specific Skills Utilised and the Application ............................................................................. 20 2.4. Difference made when applying knowledge .......................................................................... 22 3. Network Utilising ............................................................................................................................ 23 3.1. Utilising the Contact List ........................................................................................................ 23 4. Challenges and Recommendations ................................................................................................ 23 4.1. Gaps and Challenges Identified .............................................................................................. 23 4.2. Respondents Suggestion/Recommendation .......................................................................... 26 D. Conclusion ............................................................................................................................................ 27 Opportunities for AAPTIP .................................................................................................................... 28 ANNEXES: ..................................................................................................................................................... 29 Tracer Study’s Key Questions ................................................................................................................ 29 Page 2 of 30 CHART LIST Chart 1 - Distribusi Actual number of respondents in areas by gender ..............................................................6 Chart 2 – Percentage Actual number of respondents by gender ....................................................................... 7 Chart 3 - Number of TIP cases handling prior and after Training ..................................................................... 10 Chart 4 – Number and percentage of respondents who were attended TIP Training ...................................... 10 Chart 5 – Most Interesting Content (n = 16, Multiple Answer) ......................................................................... 11 Chart 6 – things to be studied more by respondent (n= 14, Multiple answer) .................................................. 15 Chart 7 – Way of Sharing knowledge & number of colleagues were shared .................................................... 15 Chart 8 – Percentage of Skill utilized by gender.............................................................................................. 21 TABLE LIST Table 1 – Distribution of Respondents by areas ................................................................................................6 Table 2 – First Phase of Data Collection ...........................................................................................................8 Table 3 – Second Phase of Data Collection .......................................................................................................8 Table 4 – Third phase of Data Collection ..........................................................................................................9 Table 5 – Number of TIP case handling by responden post training ................................................................ 19 Table 6 – Type of Skill by region/area ............................................................................................................. 21 PICTURE LIST Picture 1 - POLDA Sumut ................................................................................................................................. 1 Picture 2 - Discussion Session in POLDA Sumut ............................................................................................... 5 Picture 3 - One-on-One Interview in Anti-Trafficking Task force ....................................................................... 7 Picture 4 - Brigadier Salamun (POLDA Kepri) ................................................................................................. 17 Page 3 of 30 A. TRACER STUDY BACKGROUND PURPOSE OF THE TRACER STUDY The purpose of this study was to measure or capture how the participants have been able to apply the knowledge and skills they gained while attending the reactive investigation training on May 23 to May 27, 2016, and if not, why? Furthermore, it was to measure the achievement of the two indicators of AAPTIP below: a) Quantitative indicator: % of training participants sampled who provide credible examples of their use of new knowledge and skills in TIP investigation b) Qualitative indicator: Capturing success cases where trainees (LE) have used new/enhanced knowledge and skills The questions focus on the current practices in the application of new knowledge and skills in their workplace. With reference to the evaluation results of the training in May, it has been found that 77% of the participants had increased knowledge in the reactive investigation knowledge. Based on the pre- and post-test results of 27 respondents (21 males, 6 females) of the 32 participants (26 males, 6 females), male participants had increased knowledge by 11.19 points where female participants had increased knowledge by 14.67 points; in other words, the participants as a whole had increased knowledge by 26%. In terms of the participants’ assessment of the training, it was found that 73% of the participants agreed that the topic or material was very relevant to their day-to-day work as investigators. On the other hand, 79% of the male participants reported that their knowledge and skills have increased in the reactive investigation techniques of TIP cases, while 71% of the female participants reported that their knowledge and skills have increased. B. KEY FINDINGS Key findings of the study were: • • In spite of the fact that reactive investigation was not new for investigators, some techniques taught in the reactive investigation training were a new thing for investigators, such as sensitive interview techniques, use of technology in evidence collection and victim identification techniques; There was an increase in the number of cases handled by the respondents, especially in border areas; however, in-depth research is required on the relationship between the knowledge gained by the respondents from the reactive training and the increase in the number of TIP cases handled; Page 4 of 30 • • • • • In the North Sumatra Regional Police, there remained the TIP Task Force; thus, TIP cases in North Sumatra were directly handled by the Task Force, while investigators at the Women and Children Services unit were sometimes consulted by the Task Force; After the reactive investigation training in Jakarta in May, nearly 40% of the participants were transferred to other units giving them no chances to handle TIP cases; The content on Elements of Crime of TIP cases was most interesting for the participants; Respondents shared their knowledge and experiences in attending the reactive investigation training informally; The application of the reactive investigation knowledge could not be made optimally due to some differences of opinion and knowledge between investigators and prosecutors. PROCESS OF DATA COLLECTION & METHODOLOGY The data collection process was conducted in five regions (offices) that were the target areas of the AAPTIP program, namely the Criminal Investigation Division of the Indonesian National Police Headquarter, the West Java Provincial Police, the Cianjur District Police, the Sukabumi District Police and the Maluku Provincial Police including the Aru Islands District Police. In addition, Picture 2 - Discussion Session in POLDA Sumut the data collection was also carried out in three border areas between Indonesia and Malaysia, i.e. the North Sumatra Provincial Police, the Riau Islands Provincial Police, and the West Kalimantan Provincial Police, including Sanggau District Police with respondents who were investigators from all the regions participating in the reactive investigation workshop conducted in Jakarta on May 23 to May 27, 2016. This involved 26 investigators (6 females, 20 males - four from the TIP Task Force of the Indonesian National Police Headquarter, 2 from the North Sumatra Provincial Police, one from the Tanjung Balai District Police, 2 from the Riau Islands Provincial Police, one from the Barelang District Police, 2 from the West Kalimantan Provincial Police, one from the Sanggau District Police, three from the West Java Provincial Police, 3 from the Cianjur District Police, 3 from the Sukabumi District Police, 2 from the Maluku Provincial Police, and 2 from the Aru Islands District Police). It also involved 6 educators (1 female and 5 males) from the INP’s education and training institution. The actual respondents who could be involved in the study were 16 people with the details shown in table1. Page 5 of 30 Candidate Respondents Region/Areas Actual Responden Male Female Male Female Anti Trafficking Task Force of CID INP HQ 3 - 1 - POLDA (Provincial) Maluku - 2 - 2 POLRES (District) Aru Island 1 - 1 - POLDA (Provincial) North Sumatera - 2 - 2 POLDA (Provincial) Riau Island 1 1 1 1 POLDA (Provincial) West Kalimantan 2 - 2 - POLRES (District) Sanggau - - 1 - POLDA (Provincial) West Java 3 - 2 - POLRES (District) Cianjur 3 - 2 - POLRES (District) Sukabumi 2 1 1 - Additional Respondents - - 1 2 TOTAL RESPONDENTS 15 6 12 7 Table 1 – Distribution of Respondents by areas Male Female 0 0 0 2 2 2 1 0 2 1 HT TASKFORCE 0 2 1 0 POLDA MALUKU POLRES KEP ARU 2 1 0 POLDA SUMUT POLDA KEPRI 0 1 POLDA KALBAR POLRES SANGGAU POLDA JABAR POLRES CIANJUR 0 1 1 POLRES SUKABUMI ADDITIONAL Chart 1 - Distribusi Actual number of respondents in areas by gender Page 6 of 30 Male; 69% Female; 31% Chart 2 – Percentage Actual number of respondents by gender The one-on-one interview was selected as the data collection method in this study as the purpose of this study to be able to describe the situations and circumstances of the respondents individually, so as to enrich the results of this study and be used as a reference for the implementation of AAPTIP activities. The main respondents were asked open-structure questions, which were divided into six categories of questions, while the comparison respondents were asked two open-structure questions (please refer to annexes for more details). Picture 3 - One-on-One Interview in Anti-Trafficking Task force The respondents were selected using two sampling techniques, namely: 1. Purposive sampling – The target respondents (main respondents) were determined prior to the implementation of the study, involving investigators who participated in the reactive investigation workshop in five working areas of AAPTIP (the Criminal Investigation Division of the Indonesian National Police Headquarter, the West Java Provincial Police, the Cianjur District Police, the Sukabumi District Police and the Maluku Provincial Police including the Aru Islands District Police) and also involving three border areas (the North Sumatra Provincial Police, the Riau Islands Provincial Police, and the West Kalimantan Provincial Police) not randomly selected; therefore, when a target respondent was not able to attend at the time of the study, he/she could not be replaced by other investigators who was not a participant. In addition, the workshop participants coming from the INP’s education and training Page 7 of 30 institution were excluded from the list of respondents since they could not contribute to the purpose of this study and with the consideration that their day-to-day tasks and roles were not as investigators. 2. Snowball sampling - Respondents were selected when their names appeared in the discussions with the main respondents. The process itself could be regarded as the Triangulation process1, where the results of interviews with these respondents could validate the statements of the main respondents. The data collection process was conducted in three phases as follows: Date2 Location Respondent Name Wed, 14 Sept 2016 Maluku Provincial Police Office Herlin Weredity Thurs, 15 Sept 2016 Maluku Provincial Police Office • Charly B Konyanan • Shenny Rering Fri, 16 Sept 2016 Aru Island District Police Office La Ode Harmono Table 2 – First Phase of Data Collection Date Location Respondent Name Mon, 7 November 2016 North Sumatera Provincial Police Office Mardianta Br Ginting Tue, 8 November 2016 North Sumatera Provincial Police Office • Desy Tezby R Sidabutar • Feriana Wed, 9 November 2016 Riau Island Provincial Police Office • • Kamis, 10 November 2016 West Kalimantan Provincial Police Office • Edi Junaedy • Boy Awaluddin Salamun Yunita Stevani Table 3 – Second Phase of Data Collection Date Location Respondent Name Thurs, 17 Nov 20163 Cianjur District Police Office Deding Supriatna Tue, 22 Nov 2016 Sukabumi District Police Office • Mohammad Fajar • Adit (By Phone) Wed, 23 Nov 2016 Cianjur District Police Office Widi Eryadi Febrian Thurs, 24 Nov 2016 West Java Provincial Police Office • Haris Fachruddin • Endang Mulyana Thurs, 8 Des 2016 Sanggau District Police Office Tarsius Erwin (By Phone) 1 Tracing and measurement process of a series or network of triangles in order to determine the distance and relative positions of points – Michael Quinn Patton, Qualitative Research & Evaluation Methods, SAGE publication, 2002 2 Interview 3 Occurred during “Multi-Agency workshop on TIP in Fishing Industry” event in Ambon Interview Occurred during “Multy-Agency workshop on TIP for Force Labor” event in Bandung Page 8 of 30 Fri, 9 Des 2016 Anti-Trafficking Taskforce of CID INP HQ Asyari Firmansyah Table 4 – Third phase of Data Collection LIMITATIONS DURING DATA COLLECTION There were several factors that are likely to have an impact on the quality and consistency of data from respondents, as follows: o o o o 6 (1 from the Trafficking Task Force at INP Headquarter, 1 from the Cianjur District Police, one of the Sukabumi District Police, 2 from the West Java Provincial Police, and 1 from the Sanggau District Police) of the 21 workshop participants selected to be the respondents were not in the same positions and offices as those when they participated in the event, making it difficult to gather information relating to the application of new investigation knowledge in TIP cases because they no longer handle TIP cases; Limited time of the respondents during the tracer study’s interview process making the interview sometimes interrupted or accelerated due to other commitments; The absence of the target respondents – 2 respondents from the anti-trafficking Task Force of the INP Headquarter were unable to attend because of one person being out for assignment and another being was attending training; 2 respondents from the Sukabumi District Police were having investigations; 1 respondent from the West Java Provincial Police had been transferred; while one investigator from Cianjur had been transferred to another District Police; The results of this study might not represent the condition and situation of Indonesia as a whole because of the small samples taken in this study but it could describe the situation in 10 police stations which were the targets of this Tracer Study. C. ANALYSIS OF FINDINGS From the results of the two initial questions about the cases handled before attending the training, it was found that 13% (all were males) never handled TIP cases; 44% of the total respondents (29% males, 71% females) at the time of the training were not handling TIP cases but they previously did; 19% (all were male respondents) said that they very rarely handled cases and expected that in the future they could handle a lot of TIP cases; while the remaining 25% (all were males) said that both before and during the implementation of the training they had handled or were handling a lot of and/or some TIP cases, as presented by chart 3 below. Page 9 of 30 5 4 3 2 2 0 Never Not at the Time Pria 0 0 Infrequent Significant Wanita Chart 3 - Number of TIP cases handling prior and after Training Furthermore, with regard to the TIP investigation training they had attended before the reactive investigation training by AAPTIP, it was found that of the three categories questioned (never, rarely, and often) only two categories having the answers: 38% of the respondents (50% males, 50% females) had never attended investigation training especially TIP-specific investigation, while 62% (80% males; 20% females) said they had attended some training on investigation and only a few had attended TIP investigation training, such as one respondent from the antitrafficking task force of the INP Headquarter and one respondent from the Sukabumi District Police stating that they attended TIP financial investigation training held by AAPTIP in early 2016, while the other was non-TIP-specific general investigation training held by the INP’s Criminal investigation Education Centre. 10 8 38% 6 3 62% 3 2 Never Male Infrequent Female Total Never Infrequent Chart 4 – Number and percentage of respondents who were attended TIP Training From the above results, it can be concluded that most participants of the reactive investigation training did not have a deep understanding of how to conduct TIP investigation although they had self-taught knowledge and capacity in conducting investigations of general crimes. Two Page 10 of 30 participants who had previously been trained in TIP financial investigation had high scores at the pre-test4. 1. TRAINING CONTENT 1.1. MOST INTERESTING CONTENT In spite of the fact that all respondents were investigators and used to having interviews while interviewing victims and perpetrators, the techniques of TIP interviews with victims were the most interesting content, according to the respondents, as shown in chart 5 below: Palermo Protocol 0 P.E.A.C.E Methods/Model 0 Cross-border Cooperation 0 Evidences Collection 0 1 1 2 2 2 2 Victims Identification 3 3 TIP Element of Crime Interview Technique 1 7 Female Male Chart 5 – Most Interesting Content (n = 16, Multiple Answer) The interesting contents according to the respondents in the reactive investigation training were: a) Victim interview techniques – 50% of the respondents stated that the victim interview techniques were new things and they were very pleased with the simulation or role play during the training. b) The content on the elements of TIP crimes in the application of TIP articles – 38% of the respondents were interested in the elements of TIP crimes, including 4 Reactive investigation training pre and post test result Page 11 of 30 c) d) e) f) g) Process, Method, and Purpose, both given by Adviser Paul Holmes and presented by the speaker (AKBP Ari Dharmanto). Based on the observation, many respondents posted the content on the walls of their offices as a reference. Victim identification – 25% of the respondents mentioned how to identify TIP victims as most interesting to see the fulfilment of the elements of TIP crimes (see the point above). Evidence Collection – 13% of the respondents said that they practiced the knowledge gained from the investigation training especially in the evidence collection techniques, for example, investigators in the West Kalimantan Provincial Police always recorded the whole process of investigation as part of the evidence in both audio and video forms using their mobile phones. International Cooperation - 13% (all female) of the respondents also said that the international cooperation content was highly interesting, especially when there was involvement of foreign nationals either as victims or as perpetrators, as was the case in Benjina – Maluku. The P.E.A.C.E. (Preparation, Engage & Explain, Account, Closure, Evaluate) Model – although there were only 6% of the respondents who explicitly stated that this method guided them when they would make TIP investigation planning, but the above points also clearly illustrated that investigation was also one part of this model. The Palermo Protocol – 6% of the respondents were interested in this content because it is new knowledge to them. Based on the findings above, anti-trafficking law dissemination was highly important because many of respondents stated that they learned much on three elements of TIP in that training and the Palermo Protocol were new things also for them it is shown that many of them did not have well - knowledge in term of trafficking; on the other hand, even though Indonesia has signed the TIP Eradication Law Number 21 of 2007 but many of investigators in region just recently known about that laws. 1.2. MOST USEFUL CONTENT FROM THE TRAINING The respondents said that they have learned a lot of things from the training. There were two aspects that were most useful to the respondents and relevant to their day-to-day activities as investigators. While all the contents were useful for them some respondents said that there were some things that were not quite right or inconsistent with the system of law in Indonesia, which was different from the system in the UK. Page 12 of 30 The two most useful contents according to the respondents were as follows: 1. Victim Interview Techniques – The victim interview techniques promoting humanity enabled investigators to dig up as much information as possible from the victims; 2. Three elements of TIP - with respondents’ increased understanding of the elements of TIP, i.e. process, method, and purpose, investigators were able to identify the victims by seeing whether or not the aforementioned elements were fulfilled, such as in the case of recruitment, transportation, sheltering, delivery, and acts by force, then trafficking in persons has occurred. When the investigators already had the ability to dig up as much information as possible from the victims using the interview techniques taught in the reactive investigation training, the possibility of fulfilment of the TIP elements becomes clearer so as to be easier for them to identify victims and collect evidence. ”ACTUALLY, I HAVE EXPERIENCE IN ALL THE CONTENT/TECHNIQUE THAT WAS TAUGHT IN THIS TRAINING, BUT I NEVER REALISED THAT SOME CASES COULD BE TIP CASES.” The discussion and group work methods according to the respondents were highly effective to improve their knowledge, experience, and insight, mainly in the methods of TIP case handling, where they could share their knowledge and experience in their groups. In connection with the relevance of the contents taught in the reactive investigation training with their day-to-day jobs, 100% of the respondents said that what was taught was highly relevant to their day-to-day jobs and they even have applied some techniques all this time but this training opened up their horizons and creativities for more innovations in applying these techniques so that at least they would be more helpful in revealing cases (investigation). On the other hand, according to the participants in connection with the Palermo Protocol and some examples presented by the facilitator (Paul), they were contrary to or the same as the laws and regulations in Indonesia because of different legal systems. Page 13 of 30 “(IT IS) VERY USEFUL, EVEN I POSTED THIS CONTENT ON THE WALL SO I WOULD NOT FORGET IT. ALL I NEED IS TO WRITE DOWN THE INTERVIEW RESULTS WITH THE VICTIMS, AND THEN I WRITE DOWN THE MOST APPROPRIATE ARTICLES FOR THE ALLEGED OFFENDERS AND VICTIMS.” 1.3. THINGS TO BE STUDIED MORE DEEPLY BY THE PARTICIPANTS Some reasons were given by the respondents with regard to what they wanted to learn or understand better regarding the contents taught during the training as depicted in chart 6. Based on the findings from the interviews with the respondents, it was found that 18% said that they needed advanced training with regard to all the contents taught, while other 18% mentioned more specifically that they wanted to know more about investigation of corporation, including money laundering investigation because from the trend happening now, many TIP cases were committed by or used corporation so the possibility of money laundering cases was larger. 12% of the respondents said it would be more interesting if the contents on techniques or methods of evidence collection (including the use of technology) were further deepened so that they became aware of what kind of evidence they needed to collect, other 12% were interested in and needed to know more about international cooperation (including cases involving foreign nationals) so that the handling of TIP cases would be optimal when transnational cooperation existed. 6% of the respondents wanted to find concrete examples where the reactive investigation techniques have been successfully applied so as to be a reference for them, and other 6% said that the training time was very short because there were many things they wanted to learn from the facilitators and speakers. 29% of the respondents suggested that such training should also be attended by participants from other agencies, especially prosecutors on the ground that prosecutors also had the same understanding as investigators. Page 14 of 30 4 3 2 2 1 1 0 Advance Training 1 1 1 Concreate Example Time Allocation Other Institution 0 Corporation Evidence Collection International Cooperation Male Female Chart 6 – things to be studied more by respondent (n= 14, Multiple answer) 2. USING KNOWLEDGE AND SKILL IN WORKPLACE 2.1. KNOWLEDGE AND EXPERIENCE SHARING All the respondents said that they had distributed the knowledge they gained from the workshop to their colleagues informally (88%) and formally (12%). 14 35 9 5 2 15 2 0 Formal Male Informal Female 5 3 POLDA Maluku POLRES Kep Aru 10 5 POLDA POLDA Sumut Kep Riau Total POLDA Kalbar 4 2 POLRES POLRES POLRES Sanggau Sukabumi Cianjur 5 5 POLDA HT Jabar Taskforce * Prediction Number Chart 7 – Way of Sharing knowledge & number of colleagues were shared Page 15 of 30 a) Maluku Provincial Police According to two respondents from the Maluku Provincial Police (both were females), they shared their knowledge with other colleagues by way of informal discussions either within the workspace or while resting or while handling cases; in addition, they also distributed materials to their colleagues, and this was confirmed by Shenny Rening, an investigator at the women and children protection unit who was a co-worker of the respondents, that they often invited her to discuss how to handle TIP cases. They shared such knowledge to roughly five of their colleagues, however they never shared such knowledge to parties outside their work environment. b) Aru Islands District Police Just as the Maluku Provincial Police’s investigators, a male investigator from the Aru Islands District Police who was a respondent shared his knowledge to his 3 subordinates at his unit through informal discussions and distributing hand-outs obtained from the training. c) Sumatera Utara Provincial Police The respondents from the North Sumatra Provincial Police (both were females) shared their knowledge informally through discussions within their workspace. Since the North Sumatra Provincial Police had an anti-trafficking task force, they shared their knowledge with members of the task force during TIP case handling; confirmed by the anti-Trafficking task force head of the North Sumatra Provincial Police, Police Commissioner Feriana Gultom, who stated that the task force was helped by inputs from the respondents when dealing with TIP cases. The respondents stated that they have shared their knowledge with their 5 colleagues, including members of the anti-trafficking task force of the North Sumatra Provincial Police and they shared their knowledge informally with prosecutors when consulted in case handling. d) Riau Islands Provincial Police The respondents from the Riau Islands Provincial Police (1 male and 1 female) also shared their knowledge informally with 15 investigators within the Riau Islands Provincial Police; according to one respondent each year the Riau Islands Provincial Police had an annual agenda to hold trafficking training, but this year (2016) it had been held before the reactive investigation training; thus, it might be scheduled for next year (2017). Page 16 of 30 “SOMETIMES (POLICE) FROM REGIONS (DISTRICT POLICE) CONTACTED US, ASKING WHETHER (A CASE) WAS INCLUDED IN THE TRAFFICKING CASE. I THEN CAPTURED RECORDS FROM MY WALL AND SENT THEM VIA WHATSAPP. I INFORMED ABOUT THE FULFILMENT OF ELEMENTS, WHAT THEY NEED IS TO TAKE ONE OF THE MOST APPROPRIATE ELEMENTS (FROM EACH OF THE THREE BASIC ELEMENTS OF TIP). BESIDES, I AM ALSO A MENTOR OF TRAFFICKING CASES.” Picture 4 - Brigadier Salamun (POLDA Kepri) With regard to parties outside the police, the respondents informally shared their knowledge in discussions with prosecutors. e) West Kalimantan Provincial Police Within the Sub-directorate III of General Criminal Investigation, the West Kalimantan Provincial Police had a routine every Tuesday to have an inter-unit meeting, in which every member of each unit disclosed information about individual unit. The respondents (both were males) used this opportunity to convey learnings from the reactive investigation training, primarily on TIP elements, objectives, forms, and indications and there were present 10 investigators of the Sub-directorate III. In addition to delivering through this mechanism, the respondents also actively shared knowledge via informal discussions. Due to gaps of understanding between investigators and prosecutors, especially in TIP cases, investigators also attempted to informally discuss and share their knowledge about the TIP elements as mentioned in the Palermo Protocol and Law Number 21 of 2007. f) Sanggau District Police One male respondent from the Sanggau District Police who was not a TIP investigator said that after returning from the reactive investigation training he distributed the materials and knowledge to four investigators from a dedicated unit for TIP handling. g) Sukabumi District Police Approximately two weeks after attending the reactive investigation training, the (male) respondent was requested by the Criminal Investigation Unit Head of the Sukabumi District Police to explain learnings the reactive investigation training held by AAPTIP. The respondent specifically described the rule of law, classification of victims, examination techniques, interview techniques for victims and perpetrators, as well as evidence collection techniques; the event was attended by approximately 35 members of the Sukabumi District Police. One of the participants was Brigadier Adit, a Criminal Investigation Unit member Page 17 of 30 of the Sukabumi District Police, who confirmed what was done by the respondent and he came to understand how interviews should be done sensitively with the victims. “AFTER HAVING THE TRAINING FROM AAPTIP WE WERE DIRECTLY INSTRUCTED BY THE CRIMINAL INVESTIGATION UNIT HEAD TO HAVE A PRESENTATION AT THE CONFERENCE ROOM AND WE DIRECTLY PRESENTED ALL WE GOT TO ALL MEMBERS PERFORM OF THE CRIMINAL INVESTIGATION UNIT AND EXPLAINED CONTENTS RECEIVED AT THE TRAINING” The respondent did not share his knowledge with regard to the reactive investigation techniques with other parties outside the Sukabumi District Police. h) Cianjur District Police Two respondents (both were males) of the Cianjur District Police said that they distributed materials from USB-Stick shared by AAPTIP to other two investigators within their unit in addition to having discussions on an informal basis when discussing the handling of cases but never held a formal event to share their knowledge. They also had never shared their knowledge of reactive investigation to other parties/ outsiders since it was not very relevant if they shared such knowledge with non-investigators. i) West Java Provincial Police Two respondents (both were males) of the West Java Provincial Police never held/ implemented a formal event to share the knowledge they had as a result of the reactive investigation training. They only engaged in informal discussions with other investigators within their offices, mainly about TIP elements, handling methods, and articles thereof. The interesting thing was one of the respondents in the West Java Provincial Police said that he shared this knowledge to his wife and brother who was a lecturer, and colleagues at the university (the respondent was having the Master program) and they were very keen on these topics, especially about how to identify the victims (sexual exploitation victims). j) INP Headquarter – Anti-Trafficking Task Force Of the three prospective participants of the reactive investigation training from the task force, there was only one participant available to be a respondent and the respondent said that he shared it informally with other 5 task force members on reactive investigation techniques, and never shared this knowledge with other parties because as the Cianjur investigators he did not notice any relevance to other parties. Page 18 of 30 The initiatives of leadership were required in relation to formal dissemination of knowledge or information as indicated by the Criminal Investigation Unit Head of the Sukabumi District Police who provided a stage and opportunity for his member recently returning from the training to formally share his knowledge. Sharing of knowledge on how to identify victims to parties other than investigators was deemed useful allowing parties other than investigators to be watch-dogs for trafficking crimes within their environment. 2.2. RESPONDENT POSITION AND NUMBER OF CASES HANDLED Of the 16 respondents (male: 11, female: 5) who were interviewed, two people were not holding the same positions (1 male investigator from the Sukabumi District Police and one male investigator from the West Java Provincial Police) so that in the post-training of reactive investigation they never handled TIP cases. On the other hand, one respondent from the Sanggau District Police attending the reactive investigation training was not a TIP investigator. The number of cases handled by the respondents after the reactive investigation training were as follows: Region/Area Cases Number Type of Cases Maluku Provincial Police 1 Sex Exploitation Aru Island District Police 2 Forced Labor North Sumatera Provincial Police 4 Un-specified (mostly sex exploitation) Riau Island Provincial Police 7 Un-specified (mostly sex exploitation) West Kalimantan Provincial Police 8 Un-specified (mostly sex exploitation) Sukabumi District Police 2 Un-spesified Cianjur District Police 1 Sex Exploitation West Java Provincial Police 3 Sex Exploitation HT Taskforce 3 1 sex exploitation, 2 force labor Total 31 Table 5 – Number of TIP case handling by responden post training Of the total 31 cases, not all were new cases. Some cases were transferred from other investigators to the respondents, such as the case being handled by the respondent from the Aru Islands District Police, while the respondent from the Sanggau District Police did not handle TIP cases because he was not in charge of it. When asking the investigators about the number of handling of TIP cases in respect of sexual exploitation as compared with forced labour, the respondents noted little awareness and reluctance of forced labour victims to report their cases. Page 19 of 30 2.3. SPECIFIC SKILLS UTILISED AND THE APPLICATION So far the respondents (who were handling cases) stated that they have been trying to apply some techniques taught in the reactive investigation training, but there were some constraints and challenges faced by them (see point 4.1). Some skills used and applied by the respondents in the handling of TIP cases were as follows: 1. Interviews with victims and/or perpetrators – 63% of the total 16 respondents said that so far they applied the sensitive interview techniques with the victims so that they could gather as much information as possible from them in a short time. 2. Victim Identification – an understanding of the TIP elements (process, method, and purpose) allowed 31% of the respondents to more easily identify victims quickly and accurately. 3. Evidence Collection – the evidence collection techniques such as the use of video and/or audio footage as conducted by the investigators in the West Kalimantan Provincial Police and the Task Force of the INP Headquarter allowing them to more easily get information from the victims (related to the activities in point 1) as mentioned by 13% of the respondents 4. Victim Handling - 13% of the respondents had tried to contact the Victim Service Agency (VSA) to provide support or assistance to them during the transition period (sheltering), recovery, trial, as well as repatriation, such as coordinating with social service, local P2TP2A, NGOs and others. 5. P.E.A.C.E. Model – 13% of the respondents also said that they tried to implement this model, despite not being 100% optimal but at least they tried to always evaluate every stage of the investigation process. 6. Inter-Agency Coordination – 6% of the respondents said that investigators coordinate closely, especially with institutions having a victim service function (see point 4) 7. Application of Articles – 6% of the respondents stated that it became more easily in the application of articles under law Number 21 of 2007 on TIP, because these respondents already had a guide in respect of the three elements of TIP. Other 19% respondents stated that they did not have the opportunity to apply the skills and knowledge they acquired from the reactive investigation training because they had not handled TIP cases, despite some respondents stating that the skills and knowledge were still relevant to be applied in non-TIP cases (general). Page 20 of 30 Victim Identification Interview Interagency cooperation Evidence Collection Victims Support Charge Applied P.E.A.C.E Model POLDA Maluku 1 1 1 1 - - - POLRES Kep Aru - - - - - - 1 POLDA Sumut - 2 - - - - - POLDA Kep Riau 1 1 - - 1 1 - POLDA Kalbar 2 2 - - - - - POLRES Sukabumi - 1 - - - - - POLDA Jabar 1 2 - - - - 1 HT Taskforce - 1 1 - - - Total 5 10 2 1 1 2 Skill 1 Table 6 – Type of Skill by region/area 19% 44% 6% 25% Interview Victim Identification 6% 6% Evidence Collection 13% 0% Victims Support Male 6% 6% P.E.A.C.E Model 6% 0% Interagency Cooperation 6% 0% Charge Applied Female Chart 8 – Percentage of Skill utilized by gender From the chart above, it shows that female respondents were more dominant in considering the interests and needs of rights of the victims than male respondents, while male respondents focused more on victim identification and information gathering (interviews) of victims and perpetrators. Female respondents reported used a wider range of skills than their male colleagues, including interagency cooperation and application of the law. Page 21 of 30 2.4. DIFFERENCE MADE WHEN APPLYING KNOWLEDGE Based on the results of interviews with 16 respondents in 10 regions, it was found that the application of the above skills and knowledge (see point 2.3) had an impact on their work. When asked about the difference that implementing the new skills and knowledge made, respondents reported: a) b) c) d) e) f) g) The data obtained was more detailed and also became richer and greater in number; Victims who were initially afraid to report because they would be intimidated by the perpetrators were brave to testify – because the respondents coordinated with the victim protection agency; Previously, when making identification they needed to make repeated checks, now it is sufficient to check once or twice; The respondents were becoming more confident in implementing the violation articles because they understood about victim identification and TIP elements; Using interview techniques. Previously, the respondents more actively asked questions to the victims, now they asked a little and the victims gave a lot of information; The respondent of Sukabumi said that investigator’s treatment would be equal between male and female perpetrators, but after the training the respondent tried to be more gentle to female perpetrators and the perpetrators could provide information truthfully and honestly in accordance with what they did, without convoluted process, without pressure or scolding; Faster handling because at the time of inspection, the perpetrators or victims more quickly provided right information and did not forget, and did not complicate the respondents as investigators. Based on the above data, the reactive investigation training provided useful knoweldge for them (the respondents), especially in identification, collection of data/ information, and creating time efficiency and effectiveness, although not all respondents felt the difference. Where a few respondents said that the subjects taught were similar to what they had done so far, resulting in no significant difference, while there were some respondents (31% - all of them are male respondents) felt that not all techniques taught could be applied due to differences in legal systems of the trainees’ and trainer’s countries (UK). Page 22 of 30 3. NETWORK UTILISING 3.1. UTILISING THE CONTACT LIST All the participants admitted that they still kept the contact list of participants provided by AAPTIP so that they could contact the speakers when they need them for consultation. They could also contact other participants for coordination and/or asking for help. In one case the Riau Islands Provincial Police contacted the West Kalimantan Provincial Police when finding victims coming from West Kalimantan, enabling the West Kalimantan Provincial Police to bring the victims back to West Kalimantan. In cases involving victims of Sukabumi, the Sukabumi District Police asked for assistance of the West Kalimantan Provincial Police to provide temporary security for the victims before being picked up by the Sukabumi District Police’s investigators. At other times, the West Kalimantan Provincial Police asked for assistance of investigators from the anti-trafficking task force of the INP Headquarter to contact the Banten Provincial Police in relation to victims of Singkawang in Banten together with the perpetrators, for the Banten Provincial Police to secure the victims and the perpetrators, and a few days later they were picked up by the West Kalimantan Provincial Police’s investigators. Furthermore, the respondents often kept in touch for merely exchanging information or inquiring about developments in their respective areas, such as the case between investigators of the Cianjur District Police and the Sukabumi District Police and the Sukabumi District Police and the North Sumatra Provincial Police. 4. CHALLENGES AND RECOMMENDATIONS 4.1. GAPS AND CHALLENGES IDENTIFIED Some challenges or gaps that have been identified while trying to implement some reactive investigation techniques shall be as follows: • With regard to the victims, many victims still did not provide information truthfully with a variety of factors/ reasons such as: a) The victims did not believe in the investigators; b) The victims were traumatized or afraid of being intimidated by employers/ perpetrators; c) The victims have not known/ did not know their rights. Page 23 of 30 • • • • • • • • When the victims were foreign nationals, it was difficult to find interpreters if the victims came from non-English speaking countries that did not use English as their language of communication; the complexity of the bureaucratic process is a hindrance to the investigators (in regions) when asking for assistance of interpreters from foreign embassies. In addition, there were found many victims who did not feel that they were victims, especially in sex trafficking cases, requiring the investigators to repeatedly explain to the victims that they have been TIP victims. On the other hand, many victims have made reports, but refused to continue pursuing the case in the course of investigation. The difficulty of gathering evidence requested by prosecutors, such as evidence of tickets and others since the incidents had occurred several months or even several years ago making it difficult to find the evidence. It was also related to the different understanding of prosecutors from that of investigators thus occasionally interrupting the course of investigation or evidence collection and/or repeated submission of files. The unavailability of competent and adequate victim protection services in regions, since the Witness and Victim Protection Agency (LPSK) only existed at the national level, while more cases were handled in regions. Moreover, the lack of investigators’ knowledge on the method or mechanism for accessing the LPSK’s services for the victims. The unavailability of interpreters (see point 2), psychiatrists – making it difficult for investigators to dig up information from the victims while the victims were still traumatized, TIP experts – prosecutors often requested to present TIP experts and this was the biggest challenge for investigators as they should bring in expert witnesses from Jakarta. The lack of dissemination of Law Number 21 of 20017 on TIP in regions, thus many investigators not to understand; even if this law was passed in 2007, it was a new thing for investigators in regions. It was as mentioned by the respondent from the Aru Islands District Police. Because he already handled the Benjina case, he only understood about TIP (there were 3 main elements of TIP). However, when having case conferences, many of those present did not understand about it, for example, exploitation was mostly included in the child protection law, while it was regulated in TIP law, making them deciding to choose to apply the child protection law rather than the TIP law. Less supportive equipment – as in evidence collection, investigators were more likely to use their personal mobile phones with not quite good quality. Similarly, the Detection Finder (DF) was out-dated or not updated making the investigators difficult to detect the existence of perpetrators. The huge number of local officials who involved in the cases, such as in the making of passports, they helped the perpetrators make false passports (or authentic passports with false identities) for the victims. Or in other conditions where front-line officers were lack of understanding to identify the victims. Page 24 of 30 • Limitation of funds owned by the police institutions. The respondents were aware that TIP investigators should also conduct pro-active investigations, one of which was to conduct undercover investigations; however, they were constrained by budget, making many investigators passive by just waiting for reports from newspapers or victims’ families. In connection with the above limitations, the respondents said that both individually and institutionally they have made some efforts to address the problems, such as: • • • • • • • • Coordinating closely with Social Departments and/or other relevant agencies in the provision of temporary shelter for the victims. Seeking advice from superiors, such as unit heads or sub-directorate heads or regional police heads primarily in relation to investigation budget. In conjunction with interpreters – learning from the Benjina case of the Aru Islands District Police in coordination with the Criminal Investigation Unit of the INP Headquarter invoking to provide an interpreter from Jakarta. Initially asking for directions from prosecutors to prevent from repeated submission of files, but this depended on the closeness between investigators and prosecutors. In connection with the repatriation of victims, the respondents coordinated with shelters or safe houses, such as Rumah VI (in Batam) when the victims were under age. In the case of TIP especially related to sexual exploitation cases, most victims were women; thus, investigators made approaches through Female Police making the victims feel comfortable and made religious approaches, for example when the victims were Muslims, the investigators would invite them to mosques or Islamic gatherings. With regard to victims who did not feel themselves as victims and victims who decided not to pursue the cases after making reports, the respondents would as maximally as possible approach the victims’ families more actively by directly visiting their residence and inviting them to discuss and give information although the victims’ families had not objections on their children being employed in Malaysia, but the Indonesian law regulated that the cases should be processed. Having formal coordination, for example passport issues, when an investigator did not know from which immigration office a passport was issued, he/she should make a letter to the provincial office of the Law and Human Rights Ministry, and from the Law and Human Rights Ministry, it should be forwarded back to the immigration office in the region, thus taking quite a long time, which was then forwarded to the police. Moreover, the immigration office refused to give information orally, or to sufficiently give the victim’s name registered with the immigration office and checking in their computer data whether or not the victim’s name was registered since they Page 25 of 30 could be subject to the Information and Electronic Transactions Law, requiring the whole processes to be formal and made in writing. 4.2. RESPONDENTS SUGGESTION/RECOMMENDATION Some suggestions and recommendations raised by the respondents of the workshop, regarding the implementation of the reactive investigation or problems and obstacles they encountered as discussed earlier, suggestions to the internal police or suggestions to the external parties, were as follows: a) There was no problem with the facilitation methods; Paul delivered the training excellently; there might be problems in the interpretation; it could be possible that what was delivered by Paul was interpreted differently by the interpreter. However, it did not matter. The contents were good; it should be added with some examples of case studies. b) The training time was very short; the next training should provide longer training time. c) If possible, training should be attended by all investigators at the district police level thus giving knowledge not only to provincial police-level investigators on what to do when finding a victim of trafficking. d) The handling of TIP cases was more difficult than that of other cases, because TIP involved more than one country (transnational). In general, victims were brought to foreign countries, thus requiring involving many stakeholders such as immigration offices, social departments. Therefore, agreements or performance standards might be made and/or inter-agency coordination might be required. e) Prosecutors and judges should be involved in the investigation training thus prosecutors and judges should have the same understanding with investigators in implementing the TIP law. f) Female police investigators should be involved in the training for them to have the right skills in conducting investigation. g) With regard to budget, it required support from the INP’s leadership, other agencies associated with TIP eradication, as well as donors such as AAPTIP and others. Page 26 of 30 D. CONCLUSION Based on the above findings, several conclusions were identified, as follows: There were three items learned during the Reactive Investigation Training that were most relevant, interesting and applied by most respondents: interview techniques, elements of TIP crimes, and identification of victims; The interviews of victims and/or perpetrators as a part of information collection was not new to the respondents because as investigators these were the main activities that they did, but the techniques taught by the facilitators in the training were new techniques, in which Paul as the facilitator promoted sensitivity in doing interviews with both victims and perpetrators; “WE ALSO CONSIDER VICTIMS’ RIGHTS MORE, ARE MORE CAREFUL WHEN COLLECTING VICTIMS’ IDENTITY, AND WE ALSO INTERVIEW THEM WITHOUT PRESSURE BECAUSE WE KNOW THEY ARE SCARED.” Since the post-training of reactive investigation, the number of TIP cases handled in some regions where the respondents served increased, although a further study to see the relationship between the training results and the increasing number of TIP cases was required; The use of knowledge and skills in interviewing gained from the reactive investigation training resulted in more and better information from victims and suspects; The biggest challenge faced by the respondents was the strong differences of understanding in viewing TIP cases between investigators and prosecutors, making TIP cases sometimes miss the essential elements and the investigation process more difficult and complicated because the files were returned for many times for completion and sometimes prosecutors requested to present expert witnesses; In addition, the process of inter-agency coordination was still weak, for example when investigators needed shelters or safe houses for temporary shelters of the victims, there was no agency or institution that could help while LPSK only existed at the national level; In addition to the need for advanced level training for investigators, victim identification training was also needed for frontline officers and involvement of other law enforcement officers as well as prosecutors and judges in training in order that all components of the criminal justice system have a common understanding in the legal process of TIP; Almost all respondents shared the knowledge gained with their colleagues, at least in an informal manner; only 2 respondents did it formally. This was due to the absence of opportunity and lack of fund of regional police stations; External support (donors) was still needed to enhance the capacity of investigators, especially investigators in regions in the case of a reactive investigation as proposed by the North Sumatra Provincial Police to train investigators at the district police level; Stabilization of transnational TIP case handling issues to be crucial issues, especially for regions bordering other countries, so that they were able to handle cases involving foreign nationals; Page 27 of 30 Strengthening the network between the Indonesian police and polices of other countries in ASEAN through bilateral meetings. On the other hand, strengthening networks among institutions/ agencies was also a homework, which could be done by implementing multiagency meetings/ workshops, roundtable meetings, and/or strengthening of existing task force, especially in the handling of victims; The typical constraint was lack of government budget in investigation activities, especially in pro-active investigations; The tracer study could address the AAPTIP’s indicators, as follows: • 75% (12 out of 16; 8 males, 4 females) of the training participants sampled who provided credible examples of their use of new knowledge and skills in TIP investigation, even if the respondents did not 100% apply the knowledge gained from the reactive investigation training, at least most respondents applied the interview techniques. • Several of these examples can be considered success cases of promising practice in the implementation of new knowledge and skills – these will be followed up in more detail OPPORTUNITIES FOR AAPTIP The high enthusiasm of investigators and leaders at the regional level (provincial police) and national police (INP Headquarter) on the TIP law enforcement resulted in very good reception of both local and national polices. The interest of some regional polices to hold reactive investigation training for investigators at the district police level was a great opportunity for AAPTIP to do cost-sharing. The implementation of roundtable and multi-agency meetings would be the priorities and concerns of the counterparts. Viewing the great and big needs of the counterparts, while they were lack of budget sources (funding) and human resources led to an opportunity for the Australian government to extend the program before it was actually handed over to the counterparts. Page 28 of 30 ANNEXES: TRACER STUDY’S KEY QUESTIONS For Main Respondents: During the training, how far could you handle or expect to handle TIP cases? a) Not at all b) Not at the time, but expecting in the future c) Yes, but not too often d) It is the most significant part of my job at that time During the training, how many criminal investigation training activities that you have attended before? a) None b) Very little c) Sufficient number of training A. Training materials 1. Think back to the time while having the reactive investigation training, what do you remember the most of the contents provided at the training? 2. During the training, what did you learn that you think will be very useful for your jobs? 3. Do you still think that it is the most useful or you have changed your mind then? Why? (Probing): do you think that the contents are suitable or relevant to your jobs?) 4. Think back, what do you want to learn more deeply during the training? Why? B. Knowledge sharing 1. How far have you shared the knowledge that you gained with your colleagues within your workplace? How many colleagues with whom the information you have learned during the training was shared? Specifically what did you share? 2. Did you also share your knowledge with people outside your workplace? If so, to whom and how? If not, why? C. Current situation 1. Do you still serve the same position as when you have the reactive investigation training? 2. Did you conduct TIP investigations after the training? If so, how many investigations did you conduct? 3. If any, how far have you been able to apply the knowledge and skills you gained from the reactive investigation training when conducting the investigations? Page 29 of 30 D. Application of specific knowledge in workplace 1. If you could apply the skills from the reactive training in TIP investigation, specifically which skill have you used? How did you use it? Which technique did you most frequently use when working in such cases? 2. What was the difference happening to you or your case after using the skill? What has happened then? 3. Think about the last time you used the skill in the TIP investigation in detail and what have you done differently. 4. What were the challenges you encountered while applying the skill? 5. How did you overcome these challenges? 6. What support did you need to implement the training? From whom? E. Use of the network of training 1. Do you still keep the list of contacts that you obtained during the training? 2. Who have you contacted after the training? How? Why? For Additional Respondents: 1. Colleagues on Sharing Knowledge • Do you know about the financial investigation? From whom? • What did you learn? 2. Other Training Attendances • How did the respondents contact them? • What is the most frequently asked content? Page 30 of 30 Tracer Study on the Application of Training Knowledge of Commanders AAPTIP Indonesia Country Office September 14rd – October 20th, 2017 Erwien Temasmico - Indonesia NMEIO Contents A. Background of the Tracer Study........................................................................................................ 3 Objective of the Tracer Study ........................................................................................................... 3 B. Key findings..................................................................................................................................... 3 Data Collection Process & Methodology .......................................................................................... 5 Limitations During Data Collection ................................................................................................... 6 C. Analysis of the Findings .................................................................................................................. 7 Result of Individual Interview .......................................................................................................... 8 D. Conclusions.................................................................................................................................... 18 Annex one – Result of training evaluation ............................................................................................ 19 Annex two - Respondent profile and data collection phases ................................................................ 20 Annex three - Guideline Question ........................................................................................................ 22 LIST OF CHARTS Chart 1 -Number of TPPO Cases Handled before and during training ................................................................... 7 Chart 2 – Data on the Handling of TPPO Cases in 2016 & 2017 ............................................................................ 8 Chart 3 – Respondents Candidate Vs Actual Respondents........................................................................................ 20 LIST OF TABLES Table 1 - List of Primary Respondents ............................................................................................................................. 6 Table 2 - List of Secondary Respondents ........................................................................................................................ 6 Table 3 – Distribution of comparison of respondents ................................................................................................. 20 Table 4 – First Phase of Data Collection ....................................................................................................................... 21 Table 5 – Second Phase of Data Collection ................................................................................................................. 21 Table 6 – Third Phase of Data Collection ..................................................................................................................... 21 Page 2 of 23 A. Background of the Tracer Study Objective of the Tracer Study The objective of this study was to assess the extent to which participants of the Anti-Trafficking Unit Commanders’ Training course (31 October – 4 November 2016) have been able to use the skills and knowledge gained at that workshop. Two AAPTIP M&E indicators are relevant to this study: a) Quantitative Indicator: % of training participants who are able to provide credible examples of the application of knowledge and skills in their work. b) Qualitative Indicator: Capture successful cases in which the participants have applied the knowledge and skills In addition, the inquiry focused on the extent of application of the action plans which were prepared on the last day of the training. There were 20 participants of the training (2F, 18M), although some participants did not attend the full five days. The topics of the training were: • Objective, Role and Responsibilities of Trafficking Unit; • • Management and Leadership; Developing midterm (3 yr) strategic plan; • Developing and ensuring professional ethical standard; • Main challenges on supervision and effective management; • Lead unit operation; • Gathered, evaluated, and managed information; • Developing investigation plan and lead the reactive and pro-active investigation; • Planning and lead the detained and confiscation process; According to self-report training evaluation data, 98% of participants considered the topics of the training to be relevant to their duties. Initially targeting 14, 11 participants (2F) were followed up for this tracer study (55%) 1 . The interviews for this study also included five secondary respondents who were consulted for triangulation purposes. B. Key findings The key findings of this study are as follows: Ability to use new skills and knowledge • • 1 Overall seven (1F) of the 11 respondents (63%) were able to use the new knowledge and skills on TIP or other cases. Three (all male) of the 11 respondents (27%) handled TIP cases and used the new skills and knowledge in these cases with good results. The remainder did not handle TIP cases after the training. See annex X for details Page 3 of 23 • • • In addition, five respondents2 (1F) out of the 11 (45%) reported using the new skills and knowledge in non-TIP cases. The main skills and knowledge used were management skills (division of labour), SWOT analysis and risk assessment and coordination with prosecutors. While only one respondent remembered the contents of their Action Plans developed on day five of the training, he and two others (M) were able to implement all or part of their action plans Success factors and results • Cianjur has seen a dramatic increase in TIP cases being handled by the police from 2 in 2016 to 14 in 2017 – the Commander believes this is due to increased training for investigators in that district and high-level attention to TIP. • Results of application of the new skills include overcoming obstacles such as mishandling of cases, reducing custody times for suspects, better identification of TIP cases with new modus operandi, better management practices, and successful application of strategy resulting in the arrest of higher level suspects. Hindering factors and challenges • • • • 2 The key hindering factor was the lack of TIP cases, in some instances due to transfers of officers and in other instances, there were reports of no TIP cases being identified by the unit (despite the district being a source region for TIP victims). Most respondents reported that they were not able to handle transnational TIP cases because these need to be referred to Regional or National police – therefore the training on transnational cooperation was not relevant. Gender barriers exist which limit the meaningful involvement of female investigators. Some commanders do not send married women to the field if they need to stay overnight. Some of the respondents did not attend the full training because some nominated participants delegated their places to others on some of the days. Including one of the three able to use the skills in TIP cases Page 4 of 23 Data Collection Process & Methodology The data collection process was conducted in 13 areas of police (stations) consisting of 1 at the national level (BARESKRIM MABES POLRI), 1 Provincial level Police (West Java Provincial Police), and 11 police stations at the regency/city level consisting of Cianjur District Police, Sukabumi Regency District Police, Cirebon Regency District Police, Bandung Barat District Police, Majalengka Regency District Police, Subang Regency District Police, Indramayu Regency District Police, Kuningan Regency District Police, Karawang Regency District Police, Bandung Major City District Police and Kepulauan Aru District Police. The selection of the twelve regions is based on the national data in which the regions are the main sources of manpower dispatch and the high potential of occurrence of human trafficking crime. One-on-One interview was selected as the data collection method in this study in order that the results of this study will be able to describe the situation and condition of the respondents individually in their roles as commanders. For the selected primary respondents, open-structure questions were used, divided into 4 question categories (for more details, please see the annexes), while for the secondary respondents, the questions were intended more to triangulate and verify that the information provided by the primary respondents, particularly concerning the application of knowledge and implementation of action plan of the primary respondents. The Primary respondents were selected by using Random Purposive sampling techniques and the secondary respondents were chosen on the basis of their relationship to the primary respondent. Primary respondents are as follows: No Name 1 Julianto P Sirait 2 Abdul W Nasution 3 Asep Mulia WS Position During Training Chief of Anti Trafficking Unit of CID of INP HQ Head of Operation of Cianjur District Police Office Head of Operation of Cimahi District Police Office Recent Status Same Position Same Position Moved to Cipatat SubDistrict Police Office Page 5 of 23 4 Ade Mulyana 5 Yandrimono 6 Novita Rindi P 7 Dahroji 8 H. Komar 9 Ahmad Nurahmad 10 Herwit Yuanita 11 Agung Tri Purbowo Chief of Sub directorate of West Java Provincial Police Office Chief of CID of Subang District Police Office Chief of Women and Children Protection Unit of Majalengka District Police Office Chief of Women and Children Protection Unit of Kuningan District Police Office Head of Operation of Cirebon District Police Office Head of Operation of Indramayu District Police Office Chief of Women and Children Protection Unit of Karawang District Police Office Head of Operation of Sukabumi District Police Office Same Position Moved – School Same Position Same Position Moved to Gempol SubDistrict Police Office Same Position Same Position Moved to another unit Table 1 - List of Primary Respondents o There are two categories to select the secondary respondents, the first is the head of Women and Children Protection unit or a senior investigator in the unit as a direct subordinate of a primary respondent. This process itself can be considered as a Triangulation process whereby the results of interview with the respondent can validate the questions from the primary respondents. No 1 Name Deding Supriatna 2 Euis Yuningsih 3 Nenden Nurpatimah 4 Iwa Mashadi 5 Indrie Hapsari Position Investigator of Women and Children Protection Unit of Cianjur District Police Office Chief of Anti Trafficking Unit of West Java Provincial Police Office Chief of Women and Children Protection Unit of Subang District Police Office Chief of Women and Children Protection Unit of Cirebon District Police Office Chief of Women and Children Protection Unit of Indramayu District Police Office Related with Abdul Wahid Nasution Ade Mulyana Yandrimono H Komar Ahmad Nurahmad Table 2 - List of Secondary Respondents Limitations During Data Collection There are several factors affecting the quality and quantity of data from the respondents: o 3 (1 from Bandung Major City District Police, 1 from Maluku Provincial Police Office and 1 from Kepulauan Aru District Police) of the original 14 selected respondents could not be contacted. Page 6 of 23 o Of the remaining 11 respondents, 4 respondents have been transferred, therefore, they could not provide concrete evidence of the application and implementation of their action plans, the following is the list of respondents who have been transferred to a new position: Name Yandrimono Previous Position Chief of CID Subang District Police Office KBO Cirebon District Police Office KBO Sukabumi District Police Office Komar Chief of CID of Gempol SubDistrict Police Office Chief of Raid unit of Sukabumi District Police Office KBO Cimahi District Police Chief of Prevention & Office Promotion of Cipatat subdistrict police office Agung Tri purbowo Asep Mulia WS o o o o o New Position School In-depth interviews were often interrupted by urgent assignments which resulted in the suspension or acceleration of the interview process; The training attendance list was not completed correctly and some participants sent delegates (subordinates) to attend on some days. In some cases, the name recorded in the attendance list was not the name of the participant, such as Karawang and Kuningan – the name written on attendance is the chief of CID but it was delegated to a subordinate and the subordinate did not change the name on attendance list. Lack of commitment some participants to attend the full training. For instance, the participants from Majalengka changed each day and some only attended 1 or 2 days out of 5 days training. The lack of gender balance in respondents making it difficult to understand any difference in skills and knowledge application between female participants/respondents and male participants/respondents. The results of this study cannot represent the overall situation in Indonesia due to the small size of the samples, however, it can describe the situation and condition in the 10 police stations which were the target of this Tracer Study. C. Analysis of the Findings At the time of the training, only one of the study’s respondents reported having more than infrequent TIP cases in their units as the chart below outlines. 4 3 1 1 1 0 Not At All 1 0 Not at the time, but expected to in future Male Yes, but infrequent It was significant part of my work at the time Female Chart 1 -Number of TPPO Cases Handled before and during training Page 7 of 23 16 17 14 3 INP HQ CID 5 2 West Java Provincial Police 2016 Cianjur District Police Since the training, three respondents have reported handling or supervising TIP cases (all male) one from Cianjur District Police (14 cases; Bareskrim Mabes POLRI (17 cases); and, the West Java Provincial Police (5 cases) All other respondents reported that since the training there have not been any TPPO case which they handled. 2017 Chart 2 – Data on the Handling of TPPO Cases in 2016 & 2017 Result of Individual Interview Interviews were conducted using two main key questions as a tool in collecting the data or information. The two Key question as follow: 1. To what extent have commanders been able to apply new knowledge and skills acquired from the commanders’ course? 2. To what extent have commanders been able to implement their action plans as expected? The summary results of interviews with the 11 respondents are as follows: 1) Julianto P Sirait (M) • In the same position as when he attended the training (head of the Anti-Trafficking Unit) and self-assessed his training levels prior to the Commanders’ course as “adequate”. • Supervises 39 investigators, comprising 12 investigators in the unit (4 female) and 19 investigators in the task force (1 female). • Throughout 2017 the unit handled 17 TIP cases, up from 16 the year before, applied knowledge and skills such as SWOT analysis and close coordination. • Remembered the content of the Commanders’ training, especially investigation management. • Remembered and implemented action plan The skills and knowledge obtained from the training have been implemented in TIP cases, mainly the application of the Anti-Trafficking in Persons law, including identification. Coordination with prosecutors has also been important to ensure that cases submitted to “By conducting investigation management, we are able to manage case handling starting from the community’s reports and taken higher as information report, and then we truly examine as to whether or not TPPO is present, and prepare the police report again and the call the witnesses, it was all taught in the training” public prosecutors and the court are successful. Page 8 of 23 Results of application of skills and knowledge reported by respondent: • By applying the knowledge and skill, the respondent reports being able to overcome many obstacles, such as mishandling of cases by investigators. In addition, proper documentation of the case handling process has been able to make the investigators’ tasks easier. • The unit has been establishing close coordination with public prosecutors from the early phase of case handling, so that they can minimize the time spent by suspects in custody to less than 120 days (the maximum time for holding suspects in custody before the submission of case brief to the public prosecutors’ office). • The success is due to the cooperation and efforts made by the team (Unit), while the SWOT analysis has been very useful for senior investigators and commanders. One of the challenges encountered while applying the new skill is disagreement among law enforcement officers with some having an open mind and others not sharing this approach. Another challenge is the low capacity and knowledge of investigators at the lower levels (Regional Police, District Police, and Sub-District Police) leading to many human trafficking cases not being identified. In order to address this problem, the respondent believes that better coordination should be maintained with the team and other institutions. Implementation of the Action Plan The respondent still remembered the Action plan prepared during the commanders’ training in Bandung (and was the only respondent to do so). The action plan involved applying SWOT analysis to all criminal cases handled by his unit. The respondent reported using SWOT analysis to evaluate progress in the handling of cases. The difficulty encountered while conducting SWOT analysis is finding the SWOT variables. For example, how to perform inquiry or investigation with limited number of personnel, and what lessons can be learned. 2) Abdul Wahid Nasution (M) • In the same position as when he attended the training (head of the Operations Section Cianjur District Police) and self-assessed his training levels prior to the Commanders’ course as “adequate” (investigation skills). • The Women and Children Protection (PPA) unit has 6 investigators (but has annual rotations). • Throughout 2017 the unit handled 14 TIP cases, up from 2 the year before, applied knowledge and skills including investigation techniques and management. • Remembered the content of the Commanders’ training, especially investigation management. • Not able to remember or implement action plan. Page 9 of 23 The respondent has been able to apply the knowledge and skills to TIP cases, including the techniques of an arrest operation and filing process in accordance with the standard operating procedure (SOP). For example, in the last human trafficking case, the victims were moved before being sent abroad. As the unit received the information, they analyzed and then decided on the most appropriate technique to arrest, as was learned in the training. When the suspects left the location, the team followed them and arrested them when the time was right by blocking their vehicle. Before the arrest operation, they had a briefing meeting to assign tasks to each person involved about the actions and the persons responsible for the actions. In addition to assigning personnel for the field team, he also assigned personnel to oversee preparing administration of operation as well as documentation. Results of application of knowledge and skills: • Respondent reports being able to identify the latest modus of human trafficking, because perpetrators are continuously learning and developing new methods to evade punishment. Success factors include increased attention to trafficking on the part of the commander and high capacity among investigators in Cianjur, many of whom have attended TIP training. The only challenge is that transnational cases are not handled by the District level police so these must be referred to the National or Provincial level. According to Deding (an Investigator of Cianjur District Police) the attention paid by the commanders of Cianjur District Police to the Women and Children Protection unit cases is not limited only to human trafficking cases. The attention is given not only by the Head of Operations but also by the head of the criminal investigation division, who have always “The superior officer’s attention is very high on the cases handled by the (PPA) unit, in which not only the KBO who paid attention, the kasatreskrim also paid attention, they always participated in each inquiry or investigation of TPPO cases, therefore, this year alone, we (District Police) has been handling numerous TPPO cases” (unit investigator) participated in every inquiry and investigation of Human trafficking cases. The secondary respondent suggests that this is the reason for the sharp increase in TIP cases handled by the Cianjur District Police in 2017. Implementation of the Action plan The respondent did not remember the action plan prepared during the training which was to establish specialist investigators of TIP crimes. He reported that ultimately it was not feasible to specialize only for TIP because the PPA unit handles other cases and there are limited human resources. Page 10 of 23 3) Asep Mulia WS (M) • Has been transferred since the training (three months later) and self-assessed his training levels prior to the Commanders’ course as “very little”. • No TIP cases since the training but reported application of management skills in non-TIP cases. • Needed to be reminded of the content of the Commanders’ training as he had forgotten. • Not able to remember action plan but when reminded reported partial implementation. Despite not having any TIP cases the respondent reported applying the knowledge related to investigation management, for example, by giving directives to investigators in their investigation tasks and monitoring their performance. Even though the investigation process was not new, he learned new knowledge in relation to human trafficking cases, including the importance of coordination with regional government, such as the social service agency and P2TP2A (Integrated Services for women and children empowerment protection). In addition to management application, the respondent also shared the knowledge with subordinates following the training. He met with the head of the Woman and Children Protection unit as well as its investigators and emphasized the importance of accelerating the investigation process if the victims are children because they may potentially experience trauma, therefore the handling of the victims must be prioritized. Challenges identified There are several things that are likely to pose obstacles in the application of knowledge and skill, such as: 1. Investigators are not confident to use Trafficking in Person law because they have limited knowledge of human trafficking crimes; 2. Limitations for female investigators due to restrictions on their movements once married (if investigations involve staying overnight in remote locations, married female officers must “go home before midnight”). According to the respondent, the challenges can be overcome by encouraging or directing investigators to seek more convincing evidence, and seek or place unmarried female investigators so that they have unlimited time and can focus on the handling of cases, in addition to asking their commitment to work fully. Implementation of the Action plan The respondent did not remember the action plan he wrote on the last day of the commanders’ training which involved: 1. Transfer knowledge obtained in training to colleagues and subordinates; 2. Give motivation to subordinates to solve Human trafficking cases; 3. Improve investigation of Human trafficking cases. Page 11 of 23 After the training the respondent met with investigators at the Women and Children Protection unit informally to convey the materials of the training and especially the SOPs for TIP crimes that must be considered by the investigators. 4) Ade Mulyana (M) • In the same position as when he attended the training (head of the sub-directorate of Youth, Children and Women in the West Java Provincial police) and self-assessed his training levels prior to the Commanders’ course as “adequate”. • Supervises 5 units with 35 investigators. • Throughout 2017 the unit handled 5 TIP cases (including transnational case with Malaysia), up from 3 the year before. Reported application of skills and knowledge in terms of managing TIP investigations and other non-TIP cases. • Needed reminding of the content of the Commanders’ training because he had forgotten. • Did not remember his action plan. This respondent reported applying the knowledge and skill when giving briefings to investigators, at the time of elaboration of a case before the implementation of investigation, at the time of operation of arrest and raids. These are usually performed using a flowchart to identify problems and solutions, tasks and responsibilities, as well as briefing at the time of analysis and final evaluation. Then, if there is an urgent need he will give briefing through a “WhatsApp” group. In addition to application on TIP cases, this respondent also applied the knowledge to other units under his supervision such as the child protection unit, such as how to manage investigators when intending to make an arrest, go undercover and others. He considered the training to be broadly applicable in terms of assisting risk management. Results: In one case, he reported that the unit obtained information from Purwakarta District Police that there was child exploitation case in an Spa in Bandung (the victim at that time had returned to Purwakarta), and instead of rushing in to raid, the unit gathered the required evidence to prove the case. Once sufficient evidence was secured, they took actions of arrest and raids and obtained 4 suspects not only the recruiter. The respondent noted that if they had not worked strategically and carefully the result would have been different. Other example was performing an undercover activity in advance before finally successfully rescuing 5 victims – three of them were children - after that the perpetrator was prosecuted with two laws i.e. Trafficking in Person law and child protection law. Page 12 of 23 The success factors of the process above is reported by the respondent as good planning and clear division of tasks. If for example the division of task is unclear, it will likely cause loss of evidence and a “dead end” to the investigation. Challenges noted were limited technical and other resources owned by the National Police generally and Regional Police especially, such as equipment to access information or to track perpetrators’ communication equipment (e.g., handphones). This results in lower level perpetrators getting caught (perpetrators of the second or the third layer) whereas the main perpetrators (big fish) are very rarely revealed. In addition to the lack of human resources in terms of numbers of investigators, the unit has difficulty working across jurisdictions. In these cases, the unit must ask the national level or other provincial police for support. The biggest challenge reported is when cases involve other countries, for example Malaysia. The different legal system becomes the biggest barrier mainly if the perpetrator is a Malaysian citizen. For example, the newest case handled by West Java Provincial Police with assistance of the Headquarters of the National Police had one Indonesian suspect in Indonesia and one Malaysian suspect in Malaysia but finally the Indonesian Police could only arrest and detain the Indonesian citizen recruiter in the field and the perpetrator in Malaysia could not be arrested. Implementation of Action Plan The respondent did not recall the items on the action plan prepared at the training. He was reminded that there were three items on the action plan: 1. Preparing an annual strategic plan, mainly related to budget of handling of cases (not only Human trafficking cases); 2. Evaluating human trafficking crimes perpetrator Networks; and 3. Strengthening coordination with agencies or institutions or other entities. Despite not recalling the specific items, the respondent felt that he had been able to implement most of the action plan, except for combating trafficking crime networks, especially overseas. For the other items he could coordinate with victim support agencies to use their budgets and facilities to assist victims. He also held a seminar using local government resources and providing resource persons to map human trafficking in West Java. According to Euis Yuningsih (the respondent’s subordinate), the head of the sub-directorate always gives full support to unit to perform investigation of Human trafficking cases, as well as facilitating coordination with related parties, for example when there is a need to pick up victims out of town, he always coordinates with P2TP2A and BNP2TKI. Page 13 of 23 5) Yandrimono (M) • Has left position to continue studies since the training (in January 2017) and selfassessed his training levels prior to the Commanders’ course as “adequate”. • During his tenure at Subang District Police he supervised 65 investigators in 5 units. • Has applied knowledge and skills on other cases, in particular, management and coordination. • Needed to be reminded of the content of the Commanders’ training as he had forgotten. • Not able to remember action plan but once reminded was able to report partial application. Specifically, the knowledge and skill that this respondent could apply related to management, (dividing tasks among investigators or maximizing resources at the District Police), and the knowledge “at the time of the training, we were handling 1 TPPO case, the training was useful as it gave us the knowledge on what needs to be done in relation to the handling of this case and the application of the elements” of the importance of coordinating with public prosecutor’s office. Knowledge that could not be applied related to the handling of transnational human trafficking crimes. After the training, the respondent tried to review some existing cases in the jurisdiction of Subang District Police and realized that there were many potential human trafficking cases in Subang but they were rarely prosecuted. They were being terminated by the public prosecutor. Then there was an order from the Regional Police to focus on Human trafficking cases because Subang is one of the source regions of human trafficking crimes. Until then Subang District Police had been more focused on conventional crimes, such as theft, murder, and sexual assault. Human trafficking cases in Subang are usually related to prostitution and most victims do not identify as victims which is a complicating factor. In the last Human trafficking cases he handled together with Subang District Police, the perpetrator was convicted to 5 years in prison. Success factors include team cooperation and applying learnings from the training regarding division of responsibilities and coordination and consultation with senior colleagues who also attended the training. A key challenge this respondent noted was bias of police towards their local community members (who may be implicated in criminal acts) and lack of knowledge of human trafficking among investigators. Page 14 of 23 Implementation of the Action Plan This respondent did not remember his action plan but when reminded that it involved using SWOT analysis noted that he did use SWOT, but only for difficult or high-profile cases. The secondary respondent (Nenden Nurpatima - Head of Women and Children Protection unit of Subang District Police) confirmed that the primary respondent undertook analysis and briefing of the team 6) Novita Rindi Pratama (F) • In the same position as when she attended the training (Chief of the Women and Children’s Unit Majalengka District Police) and self-assessed her training levels prior to the Commanders’ course as “very little”. • Supervises 7 investigators. • No TIP cases reported in this District (but many victims come from here). Recruitment and exploitation reportedly occur elsewhere. • Did not remember training, only attended one day of the five. • No action plan. 7) Dahroji (M) • In the same position as when he attended the training (Chief of the Women and Children’s Protection Unit, Kuningan District Police) and self-assessed his training levels prior to the Commanders’ course as “adequate”. • Supervises 5 investigators (3 F). • No TIP cases reported in this District. • Did not remember training. • No action plan. “the case study (in the training) was irrelevant since normally the cases in our region are only local cases, unlike those taught in the training, which discussed a lot about cases with national and international scale” This respondent believes that the success factors for all criminal cases is team cooperation. Key challenges relate to differences of opinion between the police and prosecutors. For example, last year there was one suspected case Human Trafficking and the respondent wanted to charge under the Trafficking in Person law but finally the public prosecutor only charged with pimp activity because according to the public prosecutor the elements of human trafficking cannot be proven by the evidences collected by investigators. Page 15 of 23 8) Komar (M) • Transferred since he attended the training (now Gempol Sub-District Police head of Criminal Detective Unit), and self-assessed his training levels prior to the Commanders’ course as “very little”. • In previous post (Cirebon) supervised 58 investigators in 5 units. • No TIP cases reported in current or previous District, however able to use SWOT analysis on other cases such as theft. • Did not remember training. • Did not remember action plan. “All methods of handling have been provided, but indeed the lack of TPPO cases has led to non-maximum application” Recently this respondent was able to assist Cirebon police with evidence collection - identifying TIP a victim and perpetrator in his current jurisdiction - but it is not a case being handled by his unit (assistance confirmed by Iwa Mashadi (Head of Women and Children Protection unit of Cirebon District Police). Challenges include low awareness and knowledge of TIP among investigators and transnational cases which are handled by the Regional or National Police. Implementation of action plan This respondent’s action plan was limited to knowledge sharing which he reportedly did on returning from the training, mainly at Women and Children Protection unit. He needed to be reminded of the plan. 9) Ahmad Nurahmad (M) • In same position as when he attended the training (Head of Operation Section of Indramayu District Police), and self-assessed his training levels prior to the Commanders’ course as “adequate”. • No TIP cases reported in District, despite having many victims from Indramayu, the District police only assist West Java Police or HQ on cases. • Did not remember training. • Did not remember action plan. Implementation of action plan This respondent’s action plan was limited to knowledge sharing which he reportedly did on returning from the training, with subordinates and his superior. Page 16 of 23 10) Herwit Yuanita (F) • In same position as when she attended the training (Head of Women and Children Protection unit of Karawang District Police), and self-assessed her training levels prior to the Commanders’ course as “very little”. • Supervises 13 (5F, 8M) investigators in unit. • No TIP cases reported in District, but has been able to apply knowledge on other cases, especially division of tasks among investigators. • Remembers training, especially management of investigators and capacity assessment. • No action plan, did not attend final day of training. Results: In a recent situation, this respondent handled a case where a baby was detained by hospital in Karawang due to unpaid bills and the respondent obtained the information in accordance with the training on briefing of leader, and then performed the inquiry process. This involved dividing her investigators into four teams – the first team oversaw collecting information from the hospital; the second team collected information from the victim’s “By applying the method of distribution of duties, the process becomes faster according to the motto, PROMOTER (profesional, modern and terpercaya/professional, modern and reliable), therefore, the public increase their confidence in the police” place; the third team contacted newspaper; whereas the fourth team oversaw preparing the administration of inquiry at the office. By the application of the knowledge she reports feeling “everything becomes more organized than previously” when she divided the roles of every member only based on the need. Using the new method, the inquiry process becomes faster. 11) • Agung Tri Purbowo (M) Transferred after the training (to the field and not as a supervisor), and self-assessed his training levels prior to the Commanders’ course as “very little”. • Never handled a TIP case. • Did not remember training. • Did not remember action plan but when reminded reported not being able to because of transfer. Page 17 of 23 D. Conclusions Based on the above findings, several conclusions are identified, namely as follows: • Three out of 11 respondents (all male) were able to implement the skills and knowledge gained from the Commanders’ course on TIP cases and these three were the only respondents reporting having handled TIP cases since the training. • Five of the 11 respondents reported using the skills and knowledge on other cases such as cases involving child victims, prostitution. • Two of the three respondents reporting use of new skills on TIP cases did not have many cases at the time of the training – this has increased significantly for one of the respondents (from 2 to 14 in one year). The third respondent using the training skills on TIP cases had a high TIP caseload at the time of the training and this has continued. • More than one third (n=4) of respondents had moved position since the training (all male). • • • • • • • • Only three out of 11 of the respondents (2 male, 1 female) still remembered the content of the training (the 2 males are in the group who have used the training skills on TIP cases since the training), however the other 8 respondents (7 male, 1 female) did not remember the training materials 10 months following the course. One of the males who did not remember the training content reported being able to use the skills, once reminded of the content. Only one respondent (also one of the three able to use the training skills) remembered the action plan developed as part of the training, but two more have partially implemented. The main skills and knowledge used for TIP and non-TIP cases involved investigation skills, coordination, and investigation management. Five of the 11 respondents reported no challenges (all male) while four respondents reported that lack of TIP knowledge and awareness were key constraints (including 2 F) as well as lack of knowledge of TIP trends (1 M) and suitable technology (1 M). One male respondent also noted significant obstacles for married female investigators in terms of freedom to travel to remote areas – indicating that gender barriers are substantial and affect the tasking and meaningful participation of women in operational police work. Investigation management and unit management materials were the most interesting and most useful materials for the respondents so far, and are highly relevant to their daily tasks as commander or superior officers, particularly when mapping the capacity of the investigators who will assigned to investigate a case, as well as distribute the investigators’ duties according to their competencies. The materials that are slightly irrelevant to their daily tasks are materials on handling transnational cases, although the respondents stated that it was also important for them to know; Specifically, the knowledge and skills widely used by the respondents are the distribution of tasks of investigator as part of the materials on unit management. In addition, SWOT analysis and the knowledge about coordination is also used by the respondents; This tracer study activity can answer the indicators which AAPTIP have, namely as follows: o 63% of Training Participants (9%F n=1) sampled were able to provide credible examples of their use of new knowledge and skills, although only 27% was on TIP cases. o Success cases where trainees (LE) have used new/enhanced knowledge and skills, with the increase number of case handling in INP CID Headquarter, the West Java Provincial Police and the Cianjur District Police. Page 18 of 23 Annex one – Result of training evaluation Page 19 of 23 Annex two - Respondent profile and data collection phases The total actual respondents who were able to be involved in this study is 11 persons as primary respondents with the details as follows: 1 male investigator from the Anti-Human Trafficking Unit of Bareskrim Mabes POLRI, 1 male investigator from the West Java Provincial Police, 1 male investigator from Cianjur District Police, 1 male investigator from Sukabumi Regency District Police, 1 female investigator from Karawang District Police, 1 male investigator from Cirebon Regency District Police, 1 female investigator from Majalengka District Police, 1 male investigator from Bandung Barat District Police, 1 male investigator from Subang District Police, and 1 male investigator from Kuningan District Police. This study also engaged 5 Respondents (2 male and 3 female) as Secondary Respondents, as shown in table 1. Respondent Candidate Male Female 1 1 1 1 1 1 1 1 1 1 1 1 1 13 0 Region Trafficking Task Force of Mabes POLRI West Java Provincial Police Karawang District Police Cianjur District Police Sukabumi Regency District Police Cirebon Regency District Police Bandung Barat District Police Subang District Police Majalengka District Police Kuningan District Police Indramayu District Police Bandung Major City District Police Kep Aru District Police Maluku Provincial Police Office TOTAL RESPONDENTS Actual Respondent Male Female 1 1 1 1 1 1 1 1 1 1 1 9 2 Table 3 – Distribution of comparison of respondents Male Female 13 9 2 R E S P O N D E N T C A N D 0I D A T E ACTUAL RESPONDENT Chart 3 – Respondents Candidate Vs Actual Respondents Page 20 of 23 The data collection process is conducted in three phases as follows: Date Thursday, 2017 14 Sept Friday, 15 Sept 2017 Location Cianjur District Police ATU Bareskrim Mabes POLRI Respondent Name • Abdul Wahid Nasution (Primary Respondent) • Deding Supriatna (Secondary Respondent) Julianto P Sirait (Primary Respondent) Table 4 – First Phase of Data Collection Date Monday, 18 Sept 2017 Location Cipatat Sectoral Police Tuesday, 19 Sept 2017 West Java Provincial Police SPN Cisarua Bandung Wednesday, 2017 20 Sept Majalengka District Police Subang District Police Thursday, 21 Sept 2017 Kuningan District Police Cirebon District Police Friday, 22 Sept 2017 Gempol Sectoral Police District Police Indramayu Respondent Name Asep Mulia WS (Primary Respondent) • Ade Mulyana (Primary Respondent) • Euis Yuningsih (Secondary Respondent) • Yandrimono (Primary Respondent) Novita Rindi Pratama (Primary Respondent) Nenden Nurpatimah (Secondary Respondent) Dahroji (Primary Respondent) Iwa Mashadi (Secondary Respondent) Komar (Primary Respondent) • Ahmad Nurahmad (Primary Respondent) • Indrie Hapsari (Secondary Respondent) Table 5 – Second Phase of Data Collection Date Thursday, 19 Oct 2017 Tuesday, 20 Oct 2017 Location Karawang District Police Respondent Name Herwit Yuanita (Primary Respondent) Sukabumi District Police Agung Tri Purbowo Respondent) (by Phone) (Primary Table 6 – Third Phase of Data Collection Page 21 of 23 Annex three - Guideline Question Introductory questions At the time of the ATU Commander course, to what extent did you handle or expect to handle TIP cases a) Not at all b) Not at the time, but expected to in future c) Yes, but infrequent d) It was a significant part of my work at the time At the time of the training, how much criminal investigation skills training had you received previously a) None b) Very little c) Adequate training At the time of the training, how many staff were you in charge of? d) Under 5 e) 5-10 f) More than 10 Are you in the same position as you were during the Commanders Training? Yes / no (if no, where are you now?) If you are in the same position, how many TIP cases has your unit handled since the training? a) b) c) d) Less than 5 5-10 10-20 More than 20 Training Content 1. Thinking about the ATU Commander course you did in November, what do you remember most about the content of that training? 2. At the time of the training, what did you think would be the most useful thing you learned for your job? 3. Do you still think it was the most useful or have you changed your mind since then? Why? (probing): do you think that content is really appropriate or relevant with your duty?) 4. Thinking back, what would you have liked to have learned more about in the training? Why? Application of knowledge and skills 1. To what extent have you been able to use any knowledge and skills that you learned in the Commanders training back in the workplace? 2. Which specific skills or knowledge have you been able to use? (please be as specific as possible, describe the cases, describe what you did, who was involved) Page 22 of 23 3. What difference did applying these skills make to you OR the case? What happened then? 4. Thinking about the last time you were able to use the skills in the investigation of a TIP case please describe the case in detail and what you were able to do differently. 5. Can you share some evidence of that? Eg, can you show me the strategic plan / risk assessment / can I talk to one of your junior officers about what happened? 6. What were the success factors of applying those skills? 7. Which knowledge and skills were you NOT able to use and why? 8. What the challenges have you faced when applying new skills? 9. How have you overcome those challenges? Implementation of the action plan 10.Do you remember the action plan you developed at the training? 11.If yes, to what extent have you been able to implement the action plan? 12.Which parts were the easiest to implement and why? 13.Which parts were the hardest and why? 14.Can you share with me any documentation or interviewee that would provide evidence that you were able to use the action plan? 15.How successful is the action plan as a tool to help commanders in Indonesia? Page 23 of 23 Figure 1 - MSC Workshop Participants Figure 2 - MSC Workshop Participants Figure 3 - MSC Workshop Participants Figure 4 - MSC Workshop Participants Figure 5 - MSC Workshop Participants Figure 6 - MSC Workshop Participants Figure 7 - MSC Workshop Participants Figure 8 - MSC Workshop Participants 1 TABLE OF CONTENTS 1. Background .................................................................................................................................................... 3 1.1. Purposes/Objective of the workshop.................................................................................................... 3 1.2. Data Collection Method ........................................................................................................................ 3 2. panelist .......................................................................................................................................................... 4 3. Selected Stories ............................................................................................................................................. 4 Mindset change (Commander 3) SELECTED .......................................................................................... 5 EMPATHY FOR THE VICTIM (PROSECUTOR 1) SELECTED ....................................................................... 7 Boosting the spirit of investigators (Investigator 1) SELECTED ............................................................. 9 Cooperation on eradication of TIP (VSA 3) SELECTED .......................................................................... 10 4. Role of AAPTIP Based on the stories .......................................................................................................... 12 ANNEX I - Profile of Story-Teller ........................................................................................................................... 13 ANNEX II - Most Significant Change – Stories (Not Selected Stories) ................................................................... 16 Communication and coordination among agencies (Commander 1) .................................................... 16 Improved investigator self-confidence (Commander 2) ............................................................................. 18 Victim centred approach (Investigator 2) ................................................................................................ 20 Improving capacity of investigators in the unit – Investigator 3 ............................................................... 22 Better coordination on prosecuting human trafficking (Prosecutor 2) ..................................................... 24 Practical learning is more important than book learning (Prosecutor 3) .............................................. 25 From no-one to someone (VSA 1) .............................................................................................................. 27 Lessons learned from ex-migrant worker (VSA 2) .................................................................................. 29 2 1. BACKGROUND Australia-Asia Program to Combat Trafficking in Persons (AAPTIP) is an Australian Government initiative to assist in the fight against human trafficking in ASEAN through strengthening the criminal justice response in close cooperation with Indonesian criminal justice agencies. AAPTIP is a five-year program, starting in 2013 and will be completed in 2018. Therefore, currently AAPTIP is in the last year of program implementation. AAPTIP has programmed a series of evaluation activities to measure achievements, outcomes and effectiveness of the program and to learn about what worked well and less well. This workshop is part of the qualitative evaluation process of the AAPTIP program using Most Significant Change Technique; a method using stories of observed and experienced change from AAPTIP stakeholders who have been actively involved during AAPTIP program implementation. These changes are then evaluated by program partners to determine which changes are the most valuable or important. 1.1. PURPOSES/OBJECTIVE OF THE WORKSHOP The objective of the MSC Selection Workshop is to identify and discuss changes that were experienced and/or observed by AAPTIP stakeholders during their involvement in the Program. The selection panel will discuss and select stories containing the most significant or most important changes, and provide a rationale for this decision. 1.2. DATA COLLECTION METHOD Data Collection was conducted on February 12th, 2018 until March 3rd, 2018 involving twelve people as informants or respondents (Please see annex for respondent detail information) The participants were selected based on the number of AAPTIP events they had been involved with, according to the participants list database. The sampling method was designed to involve practitioners from Police, Prosecutor, Judges, and Victim services Agencies (NGOs) who have participated in six or more AAPTIP activities. The sampling theory is that any significant changes to which the program could reasonably contribute, are less likely if the involvement in the program is minimal. Twelve respondents were selected by four domains in this evaluation approach, as follows: a. Police Commanders; b. Police Investigators; c. Prosecutors; and d. Victim Services Agency/NGO AAPTIP selected three respondents for each domain. 3 2. PANELIST Eleven people attended the workshop from 12 people who were invited as panelists, and represented four domains. Here is the name of the panelists: Domain Commander Investigator Prosecutor Victim Service/NGO Name Gender AKBP M Harry Sandy Sinurat Male AKBP Supriyono AKBP Fatmah Noer Male Female KOMPOL Aditya Pradana Male IPTU Hilal Adi Imawan BRIGADIR Reza Agrison Male Male Virginia Hariztiaviane Female Yuliarni Appy Female DR.Lies Sulistiani Bobi Anwar Maarif Wahyu Susilo Female Male Male Institution/Organization North Sumatera Provincial Police Office Police Training Center West Java Provincial Police Office International Relationship Division of INP TIP Unit of CID of INP 115 Task Force Prosecutor Training & Education Center Directorate Terrorism & Transnational Crime of AGO Victim & Witness Protection Agency Indonesian Migrant Worker Union Migrant Care Table 1 - List of Panelists 3. SELECTED STORIES The main task of the panelists was to select one story out of the three stories in each domain which contained the most significant or important changes, and share their rationale based on their domain (for the detailed stories please see the annex): a. Commander Domain This group selected the story with the title Mindset Change. Changes were identified from selected story as follows: • changes in mindset and conceptual understanding of TIP case handling • improved knowledge of TIP in general and globally • changes in approach to TIP case handling, from reactive to pro-active • changes in point of view of TIP cases that TIP cases very closely relate to transnational crime This story was considered to reflect more important changes than other stories because those changes above have positive broader impact with changing the technique from reactive to proactive. This is because in many situations the victims are reluctant or afraid to make a report to the police. Also, this story talked about the need for law enforcement to have same perception, mission, and vision among institutions either domestically and transnationally. The changes in this story also will be sustained with mindset changes of the entire stakeholder group. This story resonated the panelists because in this story, the story-teller mentioned about synergy and common commitment – which exists on paper in all relevant situations - but in reality, it is different in the implementation. 4 The story was selected through consensus after long debate. Below the selected story: MINDSET CHANGE (COMMANDER 3) SELECTED I am a Police Superintendent (AKBP) in the Indonesian National Police. I graduated from the police academy in 2000, and currently I am assigned as the coordinator of personal secretaries of the police chiefs at Metro Jakarta Provincial Police Office. Previously, I was assigned as the head of human trafficking unit at the Criminal Investigation Agency of the Headquarters of Indonesian National Police for approximately one year and had frequent contact with AAPTIP. I did not have any previous experience in the investigation of Human Trafficking cases and because I was assigned as the head of Human Trafficking unit, I had to learn more about Human Trafficking. When I was the head of Human Trafficking unit, I participated in several activities organized by AAPTIP, including one occasion in Jakarta and 2 events abroad. In addition to that, I also had frequent discussions with AAPTIP, both institutionally and personally. When I was the head of Human Trafficking unit, I assumed the role as head investigator in inquiries and investigations related to all cases of human trafficking in Indonesia. This unit is under the supervision of the Criminal Investigation Agency of the Headquarters of Indonesian National Police as a centralized investigation unit at the Headquarters of Indonesian National Police, which functionally supervises subdirectorates handling human trafficking cases in regional police or provincial police. However, my role as the head of Human Trafficking unit was very operational in nature, ranging from the preparation of assignment letters to the implementation of field duties, such as conducting arrests, searches, and confiscations of objects related to the investigation of human trafficking cases. The changes occurring while I was serving as the head of Human Trafficking unit, including those that I experienced myself as well as those that I could observe are as follows: o o o Changes in the mindset and concepts in the investigation of Human Trafficking cases, as it turned out that this crime does not only have domestic coverage in Indonesia or across provinces. As we are all aware, Human Trafficking is a transnational crime involving two countries or more. With the collaboration or the role assumed by AAPTIP, we can see that the crime truly involves several countries, and AAPTIP also provides facilitation so that we can engage in cooperation with other countries, such as Malaysia, Thailand and others. A change that I experienced myself; my horizon has been broadened with regard to human trafficking in general or global terms in international forums and it has also expanded my understanding. Human Trafficking crime is relatively new for us, in the sense that we have learned only from Law no 21 of 2007, so that it is necessary to expand our understanding and knowledge of Human Trafficking crime. In general, it is clear for me that AAPTIP has expanded my knowledge of this matter. On the other hand, police officers in general still need training on human trafficking. Coaching clinic or training held for police officers has only involved a few representatives from several regions and police officers from the Criminal Investigation Agency. Because of such limitations, we have been sending police officers in turns. However, it is uncertain that the organization would organize several trainings in one year and sometimes there is only one training event in a year. Another obstacle is that the officers having been trained are being promoted and assigned to other positions. Therefore, we hope that there will be a continuous cooperation. Another change is the change in mindset, conceptual mindset in handling cases, from the method for handling the cases which always used a reactive method or approach by waiting for reports. Currently, we are starting to our endeavour to use a proactive approach or method, based on the reactive training held by AAPTIP we are trying to develop such method. When I was the head of 5 Human Trafficking unit, we tried to take proactive actions by observing the latest issues related to human trafficking. The most significant change is the change of mindset. This is because Human Trafficking crime really requires special attention in the handling, considering that Human Trafficking crime has factually existed and we can explicitly say that it is part of modern slavery – this is actually a type of modernized slavery but the mechanism is different from slavery in the past. With such change in mindset, the handling of human trafficking cases by the police does not only use reactive approach as now the police have started to use proactive approach. This is demonstrated in the handling of Indonesian migrant workers in Malaysia – Indonesian Police heard a rumor about the death of an Indonesian citizen after being exploited as a domestic helper in Malaysia and a rumor about the possibility of human organ trading. Without waiting for report from the victim’s family, the police immediately conducted investigation including visits to East Nusa Tenggara. I was involved in the investigations in East Nusa Tenggara, from conducting profiling, mapping and meeting the family members, conducting observations of the local condition, as well as finally taking law enforcement actions there. Well, that is the most significant change. This change is significant for me because without conceptual understanding of human trafficking and personal drive to eradicate human trafficking crimes, it would be impossible for a person to take the necessary measures and to be directly involved in combating the crime. Without such mindset, it would be impossible for that person to contribute. Theoretically, that person might have participated in coaching clinic, and taken part in events abroad – but only for the sake of the trip, but he might not be able to solve domestic or cross-province cases, not to mention transnational cases. With such change in mindset, thank God we have been able to demonstrate good performance, in fact we received Hasan Wirayudha award from the Ministry of Foreign Affairs. Why? Without a common mindset shared among the head and the hard working members of the unit, it would be impossible for us to receive the award. We have to build a chemistry first, including me. I asked myself about what I knew about human trafficking. Like it or not, I had to learn a lot and AAPTIP played an extensive role in this matter, not only at formal level, only with that I could have an open mind. AAPTIP has contributed 70% in this change. AAPTIP held training events involving police officers from various police precincts, facilitated the sharing of information among provinces, and organized discussions or encouraged the entry into MoU to facilitate communication among police officers and observers of human trafficking issues abroad. Moreover, when I was serving as the head of unit, I had intense discussions with colleagues at AAPTIP, both formally and informally. The other 30% is for the willingness to endure self-development or for the willingness to change. b. Prosecutor Domain This group selected the story with the title Empathy for the Victim. Changes were identified from the selected story as follows: • Strengthened networking or coordination with other institutions • Increased victim sensitivity, particularly to women and children • Changes in attitude and point of view on handling TIP cases This story was more important than other stories because the story-teller is a woman and the panelists from this domain are also female. This story reflects a similar situation to that experienced by the panelists as women prosecutors, and there were several prosecutors with 6 no victim sensitivity before participating in AAPTIP events. The other reason is because this story talks about emotional changes while the other stories are more simple and flat. The changes in this story also will be sustained because beside the AAPTIP program, the Attorney General prioritises TIP cases, especially the cases involving women and child victims and encourages female prosecutors to handle TIP cases involving women and children. The story was chosen through common consensus. Below the selected story from this domain: EMPATHY FOR THE VICTIM (PROSECUTOR 1) SELECTED I am the second child out of six siblings and I come from Flores (one of the regencies in the East Nusa Tenggara). My father was a public prosecutor and when I was a child, my father often took me to his office to see him working. This is probably what motivated me to finally choose to become a public prosecutor. I am currently focused on prosecuting cases which involve women and children, murder cases, including human trafficking cases. I have attended about eight events that AAPTIP organized for example in Jakarta, Bandung, Jogja, etc. I have spent seven years of working as a functional public prosecutor working out how to get the victim to share information about the actual incident by using ways that would make them comfortable. It is easier for the public prosecutor to make an indictment if the victim is willing to be open. Also in my work I try to study the case deeper to uncover the criminal network in a sense, I try to gather information that can later be used by the police force to catch the key offender. There are several changes that I recognize, particularly after being actively involved in the activities that AAPTIP organized such as: o o o o o My knowledge and understanding on issues related to human trafficking have improved. As a result, some of the barriers such as communication barrier with other law enforcers and agencies have been lifted through coordination because AAPTIP were able to bring us together in a forum and we could get to know each other. In addition, I can distinguish which cases are human trafficking (and what type of trafficking) and which are human smuggling. On the other side, as a public prosecutor it is easier for me to determine articles under which the perpetrator should be indicted. Attending AAPTIP events makes me feel that I have established a stronger network and accordingly I know who I should consult with, for example with my public prosecutor colleagues at the attorney general’s office. The sense of empathy that I have towards the victims has intensified or increased. I have become more oriented to the victims – particularly how to first get the victims into recovery. One of the changes that also makes me proud is that I have become more recognizable by my fellow public prosecutors outside my Regency. They contact me when they are facing any barriers or problems in handling a case asking for my advice or wanting a discussion. The most significant change that I recognize is the change in my behavior or point of view to ensure the best interests of the victim. I now have a higher sense of empathy toward the victim as I previously mentioned. I first think of how to recover the psychological condition of the victim before moving forward with the court process. 7 This has helped me a lot because the victim becomes more cooperative, particularly in gathering the evidence that is presented in the hearing to convince the judge. The approach that I have adopted is to bring the victim to the public prosecutor’s office and to have a face-to-face conversation with them. Because most of the victims of human trafficking are children and/or women, as a female prosecutor, it’s easier for me to show my respect, appreciation and how much I care for the victim by holding their hands or giving them a hug when they are telling me their stories or giving me information. There was one case that I handled where the victim told me that they were afraid that the perpetrator would come to them, so I had to ask the help from P2TP2A to place the victim in a safe house. I used to only think how to solve a case quickly and this sometimes made the victim feel that they are just a source of information. I chose the above change as the most significant change, because now I have become more sensitive and I can easily feel compassion toward the victims, in a sense that I can feel the burden that they have to carry. I also think that the legal enforcement apparatus should have high sense of empathy towards victims because human trafficking is a crime against humanity where the victims would be continuously exploited by the perpetrators if we are unable to arrest them. To make an arrest and successful prosecution we need victims not to be afraid to undergo the judicial process. AAPTIP has a substantial role in the above changes and I am more aware of the trends in trafficking. Moreover, I also appreciate the effort that AAPTIP had made to create a discussion forum among the investigators, public prosecutors and judges. I often find a judge who lacks empathy or is not very sensitive toward the victim at hearings. I have great hope that one day the judges would become more sensitive to the victims, particularly women and children. If made into percentage, AAPTIP contributed almost 75% of the changes that I mentioned above while the remaining is contributed by government agencies such as KPPA, P2TP2A, etc. c. Police Investigator Domain All stories were similar and related to each other but ultimately this domain selected story with the title Boosting Spirit of Investigator. Changes identified from the selected story were as follows: • With pro-active investigation of cases disclosure increased • Improving investigators’ professionalism • Increased investigators insight and knowledge make the spirit of investigators increase, and also being able to use pro-active techniques This story was considered more important than other stories because it described having an positive impact on the trust of community in police. It was thought that these changes will be sustained because the TIP crime will not stop while the demand of Indonesian workers remains high and there are no work opportunities in Indonesia. This resonated with panelists because of the change in the mindset from waiting for the report to the “picking up the ball” or using proactive approaches. The story was selected through discussion and eventually consensus among the members of this domain. See the selected story below: 8 BOOSTING THE SPIRIT OF INVESTIGATORS (INVESTIGATOR 1) SELECTED I have been assigned at my Police Precinct for a quite some time, about 30 years. Before that, I was based in several nearby police precincts and during that time, I was completely unaware of human trafficking. It was not until 1.5 years after being appointed as the Head of Development and Operation Division, I was involved in the activities organized by AAPTIP where I began to get familiar with and have more knowledge and understanding of human trafficking. As my knowledge, and the investigators in my precinct’s knowledge has improved, we handle more cases of human trafficking in our Police Precinct, particularly those related to forced labour and sexual exploitation. Seeing this condition, I am of the view that the PPA unit that is handling human trafficking should be established as a specialist unit and separated from the assets unit as they are currently together now. As to AAPTIP, I have participated in five events organized by AAPTIP, such as the training for the commanders in Bandung, the multi agency event in Jakarta, financial investigation training in Bogor etc. In every event that we attended, AAPTIP has always given its support and motivation for us to work harder in solving human trafficking cases. In addition, AAPTIP has been regularly visiting us at the Police Precinct for discussion or consultation. There are several changes that I have observed up to now, namely: o o o o After attending the trainings organized by AAPTIP, I see changes in myself and my work, particularly in handling human trafficking cases as I have more knowledge and insight on this subject and example cases overseas. This motivates us and boosts our spirit. My Police Precinct currently has initiated many law enforcement activities. In the past, we did not have the courage and the capacity to do law enforcement activities due our lack of knowledge on human trafficking. Because of the increasing number of cases that we have handled, we acquire more knowledge and insight and accordingly we become more aware of and are able to recognize the modus operandi of the crime. In my opinion, my Police Precinct has made significant progress in handling cases of human trafficking. Previously, we only waited for people to report cases, while now we try to gather information on possible human trafficking cases (pro-active) and in return, many people provided us with information. Changes are also seen in the investigators at my Police Precinct. They have been working with high spirits. In my opinion, the most significant change that I can recognize is the increased spirit that the investigators have. They become more actively involved in handling human trafficking cases relentlessly, working day and night. This is demonstrated by them looking for information to the migrant worker departure locations, being proactive. AAPTIP support also contributes to this change. In particular, when the investigators attended any training on human trafficking, they would share their knowledge with others. Furthermore, the leaders at the Police Precinct always show their support to the PPA unit, for example by giving directions to keep them motivated and to give them administrative facilities. This is a significant change, in my opinion. There have been many changes in the PPA unit if compared to the previous situation where there were only a small number of cases of human trafficking being handled, now the number of human trafficking cases has increased as the investigators have become more actively involved. The role of AAPTIP in the above changes is that AAPTIP has given advice, ideas and examples of issues. AAPTIP has organized events that brought together police officers, public prosecutors and judges which 9 have led to better comprehension on the handling such cases. In other words, AAPTIP has contributed 80% to the above changes. Although up to now there has no other organization than AAPTIP that contributes to these changes, one agency such as P2TP2A has coordinated closely with Cianjur Police Precinct, particularly when they identify any victim of human trafficking. d. VSA/NGO Domain This group selected story with title Cooperation on Eradication of TIP. Changes were identified from the selected story as follows: • Described changes and individual development who is influencing an institution • Changes in knowledge and commitment especially on interest and passion towards victim needs or victim rights • Increased skill on international relations management and networking This story was considered to reflect more important changes than other stories because of having an impact not only domestically but also internationally, having an impact on the individual, having an impact institutionally, and having an impact on cooperation among law enforcement – nationally and transnationally. In addition, this story can be as best practices on compliance with victim needs or rights. However, it was difficult to compare these three stories because of the difference in background of the story teller – one story came from a person who works in government while others are only at village level. The story selected through consensus after having long discussion. Below the selected story: COOPERATION ON ERADICATION OF TIP ( VSA 3) SELECTED Before I joined LPSK, I worked for an NGO which focused on environmental issues. With my background as a public attorney at that time I often gave assistance to local and customary community in relation to environmental conflicts that occurred between them and the authorities or corporations. My involvement with LPSK began when I was asked by them to join their defense team as LPSK was sued by its former commissioner. Then in 2010 I was asked to join LPSK as the expert staff for the management during which most of my works concerned with handling the plenary decisions of the management. Afterwards, I was transferred to the protection division and then to witness and victim’s rights division. My last transfer was to the request receipt division where I have been working until now. This division is the gate to LPSK, not only do we receive reports or requests, we also carry out analysis and then prepare report on the results of the analysis to be submitted to the management before passed on to plenary meeting. With regard to AAPTIP, if I am not mistaken I have attended 8 events with AAPTIP, including workshops, meetings, etc. I remember AAPTIP visited LPSK a couple of times for meeting with me or the management, particularly at that time to discuss the Benjina case. In addition, I also attended several bilateral meetings and a few workshops, both as participant and source person. 10 I have done many things during my eight years of working with LPSK, but I probably will explain my work and my role now as the expert staff of the request review bureau. First, upon receiving the requests then I examine and review the file. In this phase, we usually discover whether a witness must be immediately given protection, or a witness needs medical assistance or sometime a witness is lying or gives false statement or information. We then draw up minutes or a summary of results to be submitted to the management. After the management grants its approval, then we calculate the restitution or compensation that the victim should receive. The last phase is to submit the file to the plenary meeting. Below are several changes that have been made when I or LPSK was engaged with or supported by AAPTIP: o o o o o Regarding our relationship with the law enforcement personnel, there were several occasions where AAPTIP brought us together with the law enforcement personnel at a meeting. This has a lot of advantages, among others facilitating the eradication of human trafficking because we are already aware of and understand our respective duties. This relationship is not only on a domestic, but also international scale. For example, when we reached a dead end in the Benjina case because Myanmar had asked that we use the MLA mechanism which would take a long time, but AAPTIP, both in Indonesia and Myanmar, helped us to meet with the victim without having to take the MLA route. Presenting a foreign citizen victim is a new thing for LPSK. In addition, this gives rise to the idea of entering into cross-border protection cooperation with Myanmar because there is no institution like LPSK in Myanmar for promoting victim protection. Awareness of the police officers at the national level or the criminal investigation agency and several police forces at the province and regency level to directly refer victims to LPSK for service and protection. LPSK is often invited as resource person to discuss issues related to human trafficking. This shows that our investigator colleagues have become more professional in carrying out their mandate, particularly in fulfilling the victim’s rights. For additional information, human trafficking is not only concerned with witness and victim protection. In my opinion, the most significant transformation is shown in establishing cooperation and building relationships because the point of view that the law enforcement now has of LPSK has changed. They are now aware of the roles and functions of LPSK particularly in witness and victim protection and in assisting them in calculating restitution and compensation if required. The police did not understand that the victim is entitled to restitution. On the other side, LPSK is of the view that sharing information on criminal network or profile is crucial for LPSK for use as material for analysis in determining the type of protection for the victim. Because LPSK could not handle the eradication of human trafficking by itself, it requires support and cooperation from many parties and stakeholders and something to be proud of is that this cooperation has become real in several cases. If calculated as percentage, the role or contribution of AAPTIP in the above transformation constitute 70%, while the remaining 30% is from the media and the relations that LPSK have. IOM, Migrant Care, Kabarbumi, P2TP2A, LPA-LPP, the Ministry of Foreign Affairs and the Ministry of Social Affairs are other organizations which have also participated in assisting victim handling. According to the selected stories above in each domain, apart from capacity and knowledge of the story-teller there were another factor which influence the changes of story-tellers such as their compassion or concern to the victims and high of sense of responsibility on the TIP 11 eradication issue. Coordination among instances or institution is also an important thing, because without having good coordination the initiative will not impacted significantly. Despite all story-teller mentioned or described their concern and highly sense of responsibility in term of eradication of TIP. However, each story-teller seeing from different point-of-view in accordance with their area (of living and working), knowledge, and experience. For story-teller who often participate in transnational or multinational activities or events have wider view or insight rather than story-teller who only participate in local or national level of activities or event. Based on the paragraph above it can conclude that the important thing is how to increase people awareness and improved people sense of responsibility in term of eradicating TIP crime. Each of domain interrelated, to make the program running well the approach should be implement holistically from upstream to downstream or involved demand and supply side. 4. ROLE OF AAPTIP BASED ON THE STORIES All the domain groups identified the role and/or contribution AAPTIP in the changes as follow: From the prosecutor domain: through AAPTIP has been many changes such as strengthened criminal justice sector networking – they knew each other (Police, Prosecutor and judge). Without AAPTIP, those changes may have happened but might be only in internal prosecutor networking. From Investigator domain: AAPTIP has successfully increased insight and knowledge of investigators at provincial and district level. Before, not all investigators in district level understand about the National TIP law, particularly the police office in hot spot areas. Without AAPTIP those changes would not have happened because of lack of, or limited information to the investigators at district level as well as information and/or knowledge regarding the type of TIP and new modus operandi of trafficking crime. From Commander domain: AAPTIP gave positive contribution to the mindset of the stakeholder. Without AAPTIP the changes may have happened but not significantly like now. From VSA/NGO domain: AAPTIP is a hub who is able to facilitate or accommodate community stakeholders with criminal justice from grassroots level up to the national level to meet. All this time in other TIP programs they (community stakeholders and criminal justice actors) are always in opposition, but in this program (AAPTIP) has been effective with collaboration. AAPTIP is also an important facilitator both personally and institutionally, and has improved the human capacity and strengthened the internal institution. Without AAPTIP the changes will have happened but maybe partially. 12 ANNEX I - PROFILE OF STORY-TELLER No 1 Name Julianto P Sirait Domain Commander Number of event attended 11 (Male) Name of Event o o o o o o o o o o ATU Commander Workshop 3rd NPSC Meeting 2nd FI TWG Meeting 4th NPSC Meeting 5th NPSC Meeting ASEAN and COMMIT Workshop: Identifying Victims of Trafficking in Persons and Associated Forms of Exploitation: Developing Common Indicators for Practitioners The Senior Meeting to Discuss Commitment to Improve Cross Border Cooperation on Law Enforcement on Trafficking in Persons in the Fishing Industry Cambodia-Indonesia-Myanmar-Thailand 1st Bilateral meeting between Indonesia & Malaysia Transnational Investigative Cooperation training between INP & RMP 2nd Bilateral meeting between Indonesia National Police and Royal Malaysian police 3rd Sub Regional Law Enforcement Cooperation on Trafficking in Persons within the Fishing Industry Meeting o 2 Ade Mulyana Commander 8 o o o o o o o o Strengthening Police Training on Human Trafficking in the INP 1st Financial Investigation Training research result dissemination ATU Commander Workshop One day Workshop ATU & FTRAC 1st Bilateral meeting between Indonesia & Malaysia Transnational Investigative Cooperation training between INP & RMP 2nd Bilateral meeting between Indonesia National Police and Royal Malaysian police Commander 4 o o o o 3rd NPSC Meeting One day Workshop ATU & FTRAC AAPTIP Regional Program Steering Committee (RPSC) Meeting 1st Bilateral meeting between Indonesia & Malaysia Investigator 12 o Multi Agency Workshop on TIP in Force Labor - West Java o 2nd FI Training o 1st TWG FI Meeting (Male) 3 Reynold Hutagalung (Male) 4 Euis Yuningsih (Female) 13 o o o o o o o 5 AW Nasution Investigator 3 o ATU Commander Workshop o 1st RTD West Java o 2nd Reactive Investigation Training Investigator 6 o o o o o o 1st RTD West Java 2nd Multi Agency workshop for force labor in West Java 2nd Reactive Investigation Training TIP coaching support curriculum Workshop on Handling TIP Case in Cirebon District Coaching session one in Cirebon polsek susukan Prosecutor 6 o o o o o o Strategic Planning Workshop 1st Financial Investigation Training research result dissemination Multi Agency Workshop on TIP in Force Labor - West Java 1st RTD West Java 2nd Multi Agency workshop for force labor in West Java Prosecutor 2 o 1st Financial Investigation Training o research result dissemination Prosecutor 10 o o o o o o o o o (Male) 6 Iwa Mashadi (Male) 7 Agatha C Wange (Female) 8 Jaya Sitompul (Male) 9 Nana Riana (Male) 1st RTD West Java 2nd FI TWG Meeting 2nd Multi Agency workshop for force labor in West Java 2nd Reactive Investigation Training Workshop on Handling TIP Case in Cirebon District Multi Agency Workshop on Coordination between Agencies on Fullfilment of Restitution Rights for Trafficked Victims Consultation Meeting in Jakarta, Sukabumi and Cianjur on 16 - 18 Feb 2015 Meeting for Preperation of the Creation of NPSC Indonesia 1st NPSC Meeting Strengthening Police Training on Human Trafficking in the INP research result dissemination Multi Agency Workshop on TIP in fishing industry 5th NPSC Meeting Conference on the Labor Dimensions of Trafficking in Persons in the ASEAN Region 1st Sub regional meeting between Indonesia, Myanmar, and Thailand 14 o 3rd Sub Regional Law Enforcement Cooperation on Trafficking in Persons within the Fishing Industry Meeting 10 Susilaningtyas o research result dissemination o 5th NPSC Meeting o Multi Agency Workshop on Coordination between Agencies on Fulfillment of Restitution Rights for Trafficked Victims o LPSK's Meeting with ATTFs and Victim-Witnesses regarding the participation of Victim-Witnesses of Benjina Fishing Boat Cases o The Senior Meeting to Discuss Commitment to Improve Cross Border Cooperation on Law Enforcement on Trafficking in Persons in the Fishing Industry Cambodia-Indonesia-Myanmar-Thailand o 2nd Sub regional Workshop to Discuss Trafficking in the Fishing Industry Cambodia-Indonesia-ThailandMyanmar: Law Enforcement Cooperation in Fishing Trafficking in Persons in the Fishing Industry o 3rd Sub Regional Law Enforcement Cooperation on Trafficking in Persons within the Fishing Industry Meeting VSA/NGO (Female) 11 Euis Maria VSA/NGO 5 o o o o o MDT Team Meeting 12 July 2017 MDT Training in Cianjur MDT Team Meeting 28 Sept 2017 MDT Training in Cianjur 21 Oct 2017 MDT team meeting in Cianjur 14 Dec 2017 VSA/NGO 5 o o o o o MDT Team Meeting 15 July 2017 MDT Training in Cirebon MDT Team Meeting 24 september 2017 MDT training Cirebon 4 Nov 2017 MDT Team Meeting 24 December 2017 (Female) 12 Maman (Male) 15 ANNEX II - MOST SIGNIFICANT CHANGE – STORIES (NOT SELECTED STORIES) COMMUNICATION AND COORDINATION AMONG AGENCIES (COMMANDER 1) I graduated from the Police Academy in 1999, and thereafter, was placed in the traffic unit in NTT. In 2005, I served in PAPUA for 8 years still in the same unit, and in 2014, I served for 6 months in West Kalimantan Regional Police in the traffic directorate. Thereafter, I was commissioned into the Criminal Investigation Agency of the National Police Headquarters as the first head of the human trafficking task force. At first, I did not understand what is meant by human trafficking because it is extremely different from my knowledge which was until then related to traffic management, traffic law enforcement and traffic engineering, and subsequently in 2014, I suddenly became an investigator. In terms of management, it was still the same, but the duties and responsibilities were different. At that point, I learned a lot how to prove a criminal act of human trafficking (TPPO). The first case I handled is the case of Burmese citizens whom we found in a hotel, and whereby TPPO was eventually uncovered, and another case of kidney trafficking which is also a part of TPPO which resulted in a conviction. In 2016, I knew AAPTIP, and at that time, I served as the Head of TPPO Task Force until I became the Head of TPPO Unit at the Criminal Investigation Agency of the National Police Headquarters. Due to the contribution and proper cooperation among the National Police of the Republic of Indonesia (POLRI) especially the TPPO unit, AAPTIP, as well as both national and international NGOs interested in combating human trafficking including the migrant issues, in 2016 and 2017, we received Hasan Wirayuda Award. To my recollection, I have attended more than 12 AAPTIP events, both domestic and overseas, such as trainings and meetings. There are several changes related to my involvement in AAPTIP as follows: o Change of behavior and habit. AAPTIP provides training by bringing together some selected Regional Police. The training will become a new habit because they used to only apply sexual abuse article or articles in common crimes, but by involvement in AAPTIP, they are helped. We used to only think about how to conduct an investigation without any intention to coordinate or to save the victim, and then to provide psychological counselling. o We used to give up when finding that the victim is overseas, and to only rely on international relationship which sometimes takes a long time. Due to AAPTIP, we coordinate to synchronize perception at the Southeast Asia level, for example, now the National Police can establish close relationship with Malaysia through Mazesly and with Thailand through Tamasak. o The change I personally experience is that currently as the Chief of Departmental Police I always look for potential occurrence of TPPO in my area. If I remain in the traffic function, my knowledge will be only about traffic. However, I can combine the knowledge now. The capabilities will serve as new capabilities which can make breakthroughs in my current work area. o There is improvement in my managerial skill, such as dividing tasks, giving a role, giving a report on the tasks we assigned to members, making analyses, noticing opportunities, noticing threats and designing an efficient follow-up work plan to achieve the pre-determined outcomes o Lastly, cooperation among teams has also improved such as between the TPPO task force of the Criminal Investigation Agency and the TPPO Unit at the Criminal Investigation Agency. In addition, cooperation among law enforcement institution and other institutions both national (domestic) and international has become closer 16 The most significant change in my opinion is the change in team communication and cooperation. Because by strengthening them, I can uncover all cases in Indonesia due to proper communication and cooperation between investigators at the Criminal Investigation Agency of the National Police Headquarters and police officers in regions. In addition to identifying perpetrators in Indonesia, we are also able to identify and uncover transnational perpetrators, although the perpetrators who are overseas are eventually only subject to the Immigration Law such as Iyad bin Mansyur in Malaysia. In relation to cooperation, many parties play a role in such change, and other governmental agencies also make contributions such as the Ministry of Foreign Affairs, Ministry of Women Empowerment and Child Protection, Ministry of Law and Human Rights and other NGOs including AAPTIP. For example in a case of organ trafficking, at that time, we only thought of applying Law No. 21 Year 2007, while in fact, the method of substantiation remained fragmented and disintegrated. We only relied on what we noticed and heard, but through training provided by AAPTIP, we know that organ trafficking also constitutes one of the forms of human trafficking. For me, it is significant because now we are beginning to aware about the importance of communication and cooperation. We used to only think in our respective ways, and then we were given one same vision and mission related to the way of perceiving TPPO thus each ministry and institution see it from the same side meaning that they have the same method for perceiving TPPO. In my opinion, AAPTIP has 90% contribution to such change in terms of law enforcement, but AAPTIP might have insignificant role in relation to other matters aside from law enforcement because to the best of my knowledge, AAPTIP indeed does not work on other matters other than law enforcement. The remaining 10 % contribution is certainly made by other NGOs and institutions which are interested or hold a mandate in the issue of eradication of TPPO. 17 IMPROVED INVESTIGATO R SELF-CONFIDENCE (COMMANDER 2) I graduated from the police academy in 1999. My first assignment was in East Java and then I was transferred to Semarang and afterwards to Pekan Baru before I was finally stationed where I am now. This has made me familiar with the characters of the people in my province. From the first day I became a police officer, I have always been assigned in criminal investigation division, both in general and special crime units. I had also been appointed head of sub-district police. Since becoming a mid-rank officer, I had served as head of unit and head of directorate in the child, juvenile and women (RENAKTA) division, overseeing units which actually operate under special laws, but they fall within the directorate of general crimes, such as human trafficking, employment and child protection units. I am currently the Head of the Operational Division and my duties include receiving reports from people and coordinating parties to accommodate such reports. This makes analyzing every incoming report easier which eventually would help us in concluding whether or not such report would give rise to an allegation of criminal act. I have participated in more than five activities held by AAPTIP. I was previously assigned as the head of manpower unit which also handles human trafficking and nonprocedural migrant workers. I was also a member of people smuggling task unit. When I was a Head of Sub-directorate, I mapped out issues which would fall under the duties and responsibilities of 5 Units under Sub-directorate 4, namely Women and Children Unit, Human Trafficking Unit and People Smuggling Unit, Vice Unit, KLT Unit, and Migrant Worker Unit. We consolidated these units and made discoveries based on their main duties and functions, in addition to handling cases that the Directorate of General Crimes should assign to Sub-directorate 4. Furthermore, one of the functions of the Head of Sub-directorate is to provide guidance, which also includes enhancing the capacity of investigators under my supervision. We must certainly maintain collaboration and coordination with the relevant agencies, both government agencies and NGOs, because the crimes handled by Sub-directorate 4 involve many elements and stakeholders, including the government, such as P2TP2A, BP3AKB now known as DP3, Women Empowerment Service Office, and KPAI, LPA, as well as NGOs such as IOM, Migrant Care. One of the focuses of AAPTIP is to improve the capability and capacity of investigators. We are also making efforts to provide trainings for our personnel and to act as the party overseeing the lowest units, namely investigators at the Criminal Investigation Unit. There are several changes occurring after I and my sub-directorate got involved in AAPTIP programs, among others: o o From my point of view, AAPTIP has not only enhanced the capacity and capability of our investigators in Sub-directorate 4 and representatives of police precincts with its workshops and trainings, but has also opened lines of communication, for example between our office and the Criminal Investigation Agency and other Provincial Police, particularly those in areas commonly used as human trafficking route such as West Kalimantan and Batam. It has also opened our communication with Malaysia. For example, there was a case in Pontianak which was then headed to Serawak. As we have established communication with Malaysia, we were able to communicate this to Serawak police force. Changes in the members of the unit occur because of the trainings. I also have trainings for the Head of Unit and for investigators. These trainings improve their understanding on human trafficking and establish stronger networks, particularly between investigators and public prosecutors and investigators at the Criminal Investigation Agency. In addition, there is an increased understanding that could be explored that human trafficking is a transnational crime. Although obstructions often occurred. 18 o Changes did not only occur due to AAPTIP, but also due to the collaboration and cooperation that have been established with other agencies, for example Human Trafficking Task Force, DP2KB, etc. Out of the above changes, the most significant one is the fact that the investigators now have better skill, in a sense that they have the capacity, self-confidence and have no hesitation at processing the case. For example, if a case where the recruitment took place in East Java, but the human exploitation occurred outside East Java. Our members used to think that human trafficking only involved children. They would hesitate and have doubt if the exploitation occurred outside East Java. But now more human trafficking cases are investigated and brought to court. This proves that their skill in applying the element of human trafficking has improved. At the beginning of my assignment there was a common understanding that human trafficking only involved child exploitation and that when the victim wanted to do so, it could not be categorized as human trafficking, while there was actually the element of human trafficking in such cases which despite the victim’s approval, the element of crime in there was not eliminated. Furthermore, there was also a concern when we would have to bring our investigation outside Indonesia jurisdiction. The above changes are significant to me because investigators’ capacity has been improved after attending trainings held by AAPTIP. Coordination with DP3AKB is also improved and therefore, the process of retrieving the victim who is overseas becomes easier. With this synergy, we become more responsive. We also have the capacity and skill and no longer hesitate in applying all of the elements as set out in the Human Trafficking Law. In my point of view, AAPTIP contribution to these changes and to the improvement of capacity and knowledge of the investigators is 100%, however in other aspects, such as victim handling, there are other agencies and institutions that have also contributed such as the social affairs service office, BP3AKB and IOM. 19 VICTIM CENTRED APPRO ACH (INVESTIGATOR 2) I have been working as a police officer since 1986 and my first assignment was at the criminal investigation division. I learnt a lot from my seniors and superiors during my years in the criminal investigation division and I developed a passion as an investigator. In 1992, I began handling cases and later, I enrolled to the police officer academy in 2002 and became an officer in 2003. Afterwards, I was appointed as the head of unit in several units in the police precinct and as an investigator. In 2009, I was assigned as the head of a district police station for 3 years before I served as the head of PPA unit in XX Metropolitan Police for 1.5 years. I was then transferred and assumed position as the head of development and operation of criminal investigation division in Bandung Metropolitan Police and subsequently received an award and a promotion. When I was serving as the head of buah batu police precinct, I often adopted repressive approach with the hope that it would have a deterrent effect on perpetrators. At the end of 2016, I was appointed as the head of human trafficking unit in XX Regional Police. This unit is handling not only human trafficking cases, but also other cases, such as land dispute, kidnapping, etc. I was aware of AAPTIP at the beginning of 2017, and at that time I felt that I have not acquired sufficient knowledge on human trafficking and it does not only motivate me, but also challenges me to learn more about human trafficking. Afterwards, I continued spreading and sharing the knowledge that I have obtained from all sources about human trafficking. I also received support from my superiors for the work that I have done. The human trafficking task force was established where I have been appointed as the head of team 1. Up to now, there are several human trafficking cases that have been investigated with the support from the task force unit. Members of this task force come from all police precincts under the regional police. I often participated in activities held by AAPTIP, such as in Bandung, Bogor, Jakarta, Jogja and Cirebon. There were probably seven activities. During my involvement in the activities held by AAPTIP, there are several changes that I have experienced and observed, as follows: o o o o o o I personally have acquired more knowledge and understanding on handling human trafficking, I am able to recognize the psychological condition of the victim – this is due the training on human trafficking that I have often attended. The trust that the superiors placed on us is increasing significantly, if there is a person reporting a possible human trafficking case, they would immediately be asked to meet or coordinate with me These days, I have often been asked to become a source person in various events in my province to discuss issues related to human trafficking, in other words, more people are familiar with me Regarding the members of my unit, I always share what I have to all members of my unit because their success is my pride. The result is, my team members are now familiar with the elements of human trafficking, if there is a member of the community that is filling a report, they are able to give direction Improved public trust to the police apparatuses Improved coordination among agencies, I am currently trying to establish more communication & coordination with the Public Prosecutors’ office, DP3AKB and P2TP2A, I am also encouraging the members of my team to engage in coordination The most significant change to me is the increased understanding of the psychological condition of the victim in handling cases, I see that the members of my unit and I have grown to become more sensitive and empathetic towards the victims, particularly when interviewing them so that they do not feel that they are talking to police officers. 20 Previously there was no special approach applied to the victims, in a sense that my team members are only looking for information from the victims without considering their psychological aspect. With this change, I have noticed that the victims have become more open to police officers, not only female, but also male police officers. This is important because until now there are still victims of human trafficking who refuse to be open because they are worried, angry, scared, etc. to file a report or to provide information to police officers, but with the knowledge and/or understanding that we obtained, my team members now know how they should approach and handle the victims and therefore it opens the case more and makes solving the cases and revealing the criminal network that is involved, become easier. AAPTIP has played a substantial role in improving understanding, conduct, behaviour and knowledge. In addition, AAPTIP has always shared the results of evaluation and books of guidelines. If calculated in percentage, the contribution that AAPTIP has made to the above changes reaches 40%, while the remaining 60% is from the prior knowledge and understanding that the team members have. 21 IMPROVING CAPACITY O F INVESTIGATORS IN THE UNIT – INVESTIGATOR 3 I graduated from high school in 1996/1997 and I wanted to become a police officer. Then I enrolled to the NCO candidate school and after following the selection process, I was admitted. My first assignment was in BRIMOB, my duty was to provide security with the classification of high intensity crime. After 6 years of duty in BRIMOB, I finally had the opportunity to be transferred to the public investigation division from 2003 until now. Serving as a police investigator has been my dream because in this division I am able to learn so much about the police science with many various challenges that I have encountered during my service. I have engaged in several activities held by AAPTIP in 2017, including workshops on human trafficking and victim’s rights, restitution and how to investigate human trafficking. One workshop included police, prosecutors and judges and focused more on sharing similar perception among the legal enforcers. As the head of the task unit, my role is to control the performance of the unit, improve the capacity of investigators by way of sharing knowledge. For example, after attending the training on reactive investigation, I gather members of my unit and share the knowledge that I get from the training. After they understand the information or the knowledge that I share, I ask my investigators to apply the knowledge so that they are able find evidence of human trafficking cases, and in November we successfully solved one human trafficking case using pro-active investigation techniques. In addition, the most important duty as the head of the unit is to motivate the investigators that human trafficking case is a case that requires extra attention and that it is not an ordinary case because the victim of human trafficking is usually suffering. I asked AAPTIP to help us to disseminate information and knowledge to the public at large, particularly in my Regency, which was supported by a community event involving community leaders. I also communicated to my investigators that this is one of the duties as members of the unit to provide information on human trafficking to the community. Several changes have occurred with the support from AAPTIP, including: o o o My insight and knowledge of human trafficking has personally improved, including understanding of how to handle human trafficking. I am also capable of conveying or transferring the knowledge to other members. Increased capacity of the personnel, including in handling cases and providing information to the public, this is demonstrated by the success of the dissemination event in villages as supported by AAPTIP. In 2018 there are already 2 cases of human trafficking that we are currently working on in my Regency, while in the previous year, we never handled any cases of human trafficking. In handling a case, I try to involve investigators in my unit to the greatest extent possible so that they can learn. Investigators have become more responsive when they receive a report or information, they can identify and distinguish whether it is human trafficking or other criminal act, they have the ability to analyze and make a conclusion when information is given that could be human trafficking. Regarding several changes that I have mentioned, I think the most significant transformation is the investigators have become more responsive in following up on a report, then proceeding to the first interview. In this phase, the investigators already have the capability to conclude that the circumstance is human trafficking. The knowledge and motivation that my investigators have on cases of human trafficking have essentially improved. The actual proof is, for example, one day I was out of my district attending an event and I received a report from the investigators that there has been a person filing a report on a criminal act. Not only that, the investigators 22 also informed me that they have interviewed the victim and found preliminary evidence of human trafficking. In my absence as the head of the unit, the investigators are able to receive report from the public; to conclude that it is human trafficking and follow it up by making a police report. It is significant for me because in my opinion, the most important thing in our work is to have an understanding of the matter. If we understand what we must do, then it will automatically run properly. With better knowledge the investigators can function and work properly in compliance with the existing laws and regulations. In following up on cases, it is not enough to only identify the definition of human trafficking, but we must have a detailed and deep understanding of what human trafficking is, what are the elements and what are the victim’s rights. These are obtained after AAPTIP presented them to us through trainings. AAPTIP has substantially contributed to or played a significant role in the above changes because honestly the investigators, including me have never specifically received any knowledge on human trafficking in the police vocational school. Furthermore, AAPTIP has continuously been giving motivation, support and opening communication. Previously when we receive a report on human trafficking where the victim is overseas, it breaks our spirit and self-confidence because it seems too far from our range, but AAPTIP always gives the motivation that we could handle the case and is willing to help with the communication and coordination in relation to the handling of victims who are still abroad. This lifts our confidence that we would be able to solve a human trafficking case, despite of the fact that the victim is overseas. Up to now particularly for cases of human trafficking we are only able to communicate and coordinate with AAPTIP, there are no other organizations that assisted us. If calculated in percentage, AAPTIP contribution to the above change reaches 80%, while the remaining 20% is contributed by prior knowledge of the respective investigator. The investigators already have very basic knowledge on human trafficking, but they have no deep and detailed understanding on the elements of what, how, who are the victims and how does it happen. They gain deeper knowledge after I as the head of the unit attended the training organized by AAPTIP. 23 BETTER COORDINATION ON PROSECUTING HUMAN TRAFFICKING (PROSEC UTOR 2) I have been serving as public prosecutor since 2002. Since then, I have been the head of a public prosecutor branch office, then as the head of academy sub-directorate at the public prosecutor training and education agency and now as the head of the cooperation unit in the cross-border crime and terrorism task force of the attorney general’s office of the Republic of Indonesia. Up to now, I have been involved in many activities held by AAPTIP, both as participant and resource person in several events held by AAPTIP, either domestic or foreign, such as the workshop in Thailand on human trafficking, multilateral meeting of 3 countries in Siemreap and training in Bandung, as well as workshop in Ambon and Jakarta. There are several changes that I could observe and see, such as: o o o Increased capacity of the public prosecutor, either in the task force or in the region with regard to the handling of human trafficking, whether from the aspect of formal or material law. The involvement of AAPTIP has in fact facilitated the ASEAN regional coordination in handling human trafficking cases. For example, in Benjina case where AAPTIP assisted the communication process between the law enforcers in three countries (Thailand, Indonesia and Myanmar) to discuss strategies for handling the human trafficking case in Benjina by facilitating multilateral meeting. In addition, AAPTIP also implements programs to assist in the preparation of the implementation of national program for the eradication of human trafficking by establishing the NPSC The most significant transformation that I see from the involvement of AAPTIP is the increased capacity of the public prosecutors and coordination at ASEAN regional level. As a result, human trafficking cases that the public prosecutors handle have increased. This demonstrates that there has been an improvement of the public prosecutor’s capacity in handling human trafficking cases based on reports from the public prosecutors at the national and regional level. Before when there were many cases that should fall into the category of human trafficking case, due to limited knowledge that the public prosecutors had, the perpetrator was indicted for other offenses, such as labour law. For example, in the Benjina case, the prosecution was initially hampered, but once again with the help from AAPTIP who provided technical advice and support in bridging the communication with the other countries, the public prosecutor was eventually capable of filing a lawsuit under the human trafficking law as the evidence which confirmed the occurrence of human trafficking was found. This is very significant to me because the attorney general’s office of the Republic of Indonesia has a role of supervising human trafficking cases in the region. As the public prosecutors in the region have better understanding, it makes our work at the national or central level easier. We can give advice to the prosecutors without having to explain broadly or in detail as to what they should do. AAPTIP contributed 80% to the above transformation, while the remaining 20% is contributed by other organizations, such as IOM that has very high level of concern of victim handling. 24 PRACTICAL LEARNING IS MORE IMPORTANT THAN BOOK LEARNING (PRO SECUTOR 3) In 2000, I was appointed as a civil servant three years later I attended public prosecutor school. Following two assignments in district Prosecutor offices, I took part in a selection process to join the Anti-Corruption Commission (KPK), and Alhamdulillah I was selected. I served at the Prosecution and Investigation Unit of KPK for approximately 6 years. After completing my term of service in KPK, I was transferred to the position of the head of the Intelligence Unit in a District Prosecutor Office and then to the Head of General Crime Unit, which handles human trafficking cases and I began to know AAPTIP. I have to say honestly that I am proud and happy to be assigned in my current region because I can find many cases with characteristics that I have never found before in other regions, almost all types of cases of general and special crime can be found in my region. As far as I can remember, I have participated in 2 or 3 events organized by AAPTIP which included the Police, NGO, judges and prosecutors, who are all involved in the criminal justice process. We frequently exchanged thoughts and experience. Frankly, I have to admit that the training prioritized practical works rather than theories, which are sometimes not helpful in real life. If I am not mistaken, I handled 3 or 4 human trafficking cases and the judges’ decisions on those cases were in line with or accommodated the entire charges made by the public prosecutors. Such facts made me proud, because all legal analysis for the substantiation of the elements of the charges was agreed upon by the judges. There might be slight differences but in principle they could understand the reasoning especially in relation to the substantiation of the Mens rea element, which means proving the crime. In my role I have noticed some changes. There were many factors causing the changes as part of the process that I experience when I was involved in activities organized by AAPTIP. We can say that experience is the best teacher. When I participated in activities organized by AATIP, I met various individuals, and various subjects who also handle the same cases. In those meetings, we always shared knowledge related to the technical aspects of case handling which cannot be found in books, or in laws and regulations. From the sharing of knowledge, I learned various tips or techniques for handling cases to ensure that it would not be protracted. Let’s just say that those cases would not end up with acquittal, because we have to honestly admit the difficult part of the substantiation of human trafficking case is to present witnesses. On this occasion I would like to express my sincerest gratitude to the witness and victim protection agency for their participation which allows us to present witnesses in courts to give their testimony, without the agency’s assistance, I believe that 70% of the cases would be hampered by such difficulty. Another change is related to the institution. All this time, when preparing requisitoir after the presentation of charges, most prosecutors would hesitate to include payment of compensation to victims. As I learned from many books or decisions of the Supreme Court, only a small number of prosecutors included compensation in their charges. There should be clear and firm regulations, because court decision on these cases indicate a provision or process stating the existence of expropriation of assets from the perpetrators or defendants if they do not have any assets, they may replace it with confinement. This means that the use of alternative criminal punishment of confinement is not conducted automatically, prosecutors should track down the perpetrators’ assets first. Prosecutors do not usually go as far as that. I am suggesting that when conducting investigations, investigators should confiscate assets having economic value, so that when the verdict includes the imposition of compensation so that if the verdict sets out a compensation, it can be paid from the proceeds of the sale of the confiscated assets to be further paid to the victims or their children. I think it is the most effective way, because 80% of actions during investigation, including confiscation and search and seizure, is the portion of investigators. 25 The next change is probably personal in nature. I have become more confident about speaking in public, in scientific forum, including at group dynamic level. This means that I am more confident and poised when I share my technical knowledge to other prosecutors or when I have discussion with judges. The most significant change among the aforementioned changes is, in my opinion, the sharing of technical tips and tricks in substantiation. We have to honestly admit that Law 21/2007 or the subordinate regulations or the existing literary references do not provide specific explanations regarding anything in the context of substantiation, such as in substantiating the element of transportation, how to prove that such matter is within the scope of trafficking, or rather labour issues. This means that there has not been any book that elaborates these details and we can obtain such knowledge only from Technical Guidance. The second one is related to case studies. There has not been any scientific literary work elaborating cases such as the Benjina case. Why there should be the substantiation of the perpetrators of participation? There has not been any book discussing such issue. And we can only obtain such knowledge in a forum such as the one organized by AAPTIP. At that time, everything was clearly portrayed on slides, and we could know the names of the suspects, and the evidence. Such change is significant for me because I am practical in nature, it is practical in the application of the articles, in the substantiation of the violation, in the substantiation of non-legal aspects. It will be used as reference in cases with similar pattern. That is for sure, When we have a benchmark or reference, everything will be easier. In my analogy, when we already have knowledge and training about how to drive a car, it will be easier for us to drive a car, than reading a book given by the car owner. In my opinion, AAPTIP has an important role and to say it in a percentage, I would say the percentage is ranging from 70% to 90%, while the rest is the individual factor who has the willingness and motivation to learn from the references. In addition to AAPTIP, the public prosecutor education center also contributed to the change by providing guidance or training for prosecutors, and providing various references even though they do not provide in-depth explanations regarding human trafficking. 26 FROM NO-ONE TO SOMEONE (VSA 1) I am originally from Karawang and in 2010 I moved to a new village. I participated in many activities in the village such as Posyandu, PKK, and Multi-disciplinary Team (MDT) because I had no job. In the MDT, I learned about human trafficking and it provided me with more insight. Although I am not native to this village, I feel that I have become a part of it. I would be ashamed if my village becomes underdeveloped and therefore, I try to develop my village by participating in various activities in the village. I have been involved in activities organized by NEXUS or the MDT since February 2017 and I have never missed (not once), the activities that the MDT conducted. I have to admit that I do not like to read books, but I try to put the knowledge that I gain from these activities into practice because it is easier to apply it directly in the field, than reading books. As a Posyandu cadre, I have been helping people in my village with their health. If any of their children gets sick, I will refer them to a village midwife. In addition, as a cadre in PAUD, I also encourage people who have schoolage children to continue taking their children to school, because although they have no money, school now does not charge any tuition fee and similarly, the village provides facility for early age children in the form of PAUD. As a member of the MDT, I have the duty to assist victims in dealing with problems, for example, a family filed a report to me stating that their child had run away from their employer overseas and now, their whereabouts are unknown. The child never contacted their family in the village. I then coordinated with other colleagues in MDT to address this issue. Furthermore, I also give advice to people who are planning to work as migrant workers and I give them an understanding that they should not go abroad to work as domestic helpers, they could work in Jakarta or Bandung. But, in the end, I leave the decision to them; some would listen to my advice, some would not. Below are the changes that have happened after I joined the MDT: o There is nothing different, no particular changes that have occurred in the village, there is nothing special in participating in the activities that the MDT conducted because they are the same as other activities conducted in the village, such as PKK or Posyandu o Changes in the village people, nowadays when people have any problem, they come directly to me or other colleagues in the MDT to ask for advice to solve their problems o Now I have the courage to speak up, so when people ask me about their problems, I can immediately give my responses. If not, I would ask my other colleagues in the MDT o Relationship and communication between the people and legal enforcers, such as the police and the military has been improved, particularly among members of MDT o We have more information and knowledge. I did not know that migrant workers in the Middle East are prone to become the victims of human trafficking. I thought they were only regular abuse cases. In addition, I have become aware of the mechanism and modus operandi of the perpetrators The most significant change that I notice is that many people recognize me as a member of MDT who is familiar with human trafficking and as a result, a lot of people would come to me asking for my advice and opinion. Furthermore, today I am confident to speak in front of the public and I no longer feel uncomfortable talking to the law enforcer, for example to a member of Bhabinkamtibmas. I used to not have the courage to speak with the member of the police force, I was afraid that I would be misunderstood and get arrested. Likewise, I am now confident to discuss with the head of the village about my ideas. All of these are motivated by my desire to help the village people because I could not help them financially, therefore the least that I could do is to give them advice, opinion and information. 27 Being involved in the activities that NEXUS conducted has changed my way of thinking. I used to be sceptical about our migrant workers. But now, I become more empathetic towards them. I try to dig up information as to why this problem happened –I essentially ask more questions. There have been no other organizations that made such changes up to now. There was a government agency, P2TP2A that gave a counselling session on human trafficking in Posyandu, but it was only briefly. I would give AAPTIP 50% for their contribution to such changes. 28 LESSONS LEARNED FROM EX-MIGRANT WORKER ( VSA 2) I am a former migrant worker and therefore there is a continuity and relevancy with the NEXUS program because I know what migrant workers have experienced. I worked in a factory in Taiwan for two years and then in a factory in Korea for two years. Before I departed, I was a little afraid because it was my first experience of working in another country where I did not really understand their language. I went abroad through official channels, I admit that Taiwan has actually implemented a protection system for migrant workers but it was always undermined by the people in the company because of high demand for and from migrant workers in Taiwan. It was very easy to find replacements for any migrant workers who did not obey their rules which were very strict. I had to transfer money to my family in my home town through them (PJTKI) and they gave low exchange rate for the dollar which made me feel deceived. At that time, I was giving information to my migrant worker colleagues which led them to organize a demonstration and caused some of them to be sent home. At that time, the factory tried to look for workers from the Philippines, but they were actually more demanding, they asked in detail of the benefits that will receive. The factory eventually asked for workers from Indonesia again. I am currently assisting Pak (SBMI) because of my experience as a migrant worker, I feel a sense of responsibility to help prospective migrant workers who will go abroad. I have been involved in the MDT for almost one year from January 2017. What I do as a member of the MDT is that I give an understanding to the prospective migrant workers who are about to go overseas on the condition and situation as well as the risks of working abroad because most of the workers who become the victims are not familiar with the local language spoken in the place where they are working. They have no understanding of the local culture. I have done this for almost a year since I get involved with the MDT and I am currently actively assisting Pak in his organization (LNGO). There are several changes that I feel and observe: o After becoming involved in MDT, I feel that my previous work of taking care of prospective Indonesian migrant workers is not entirely legal – many people were asking for my help to handle candidate migrant workers because they knew that I am a former migrant worker. o I grew a sense of wanting to give protection and direction to prevent them from going overseas to work, in other words, I became more concerned. o I am able to identify the victim and to perceive in a broader sense that many sponsors are actually also the victims. o In addition, I see many colleagues in the MDT who previously were not aware of the issue, now have an understanding on this and are willing to share with other colleagues. The motivation of the members of MDT to be involved in handling the victims of human trafficking has increased. The most significant change is the increase of the level of awareness of the victim, I think and feel that it is enough, no more people from my village should be the victims of human trafficking. This change has occurred because of the awareness that NEXUS and AAPTIP have, I suppose if other people are willing to show awareness on my people, why don’t we – we should care more. In addition, NEXUS and AAPTIP gave the knowledge and understanding on human trafficking, and after I put this knowledge into practice, I have more understanding. Furthermore, I am also able to identify the victim. This becomes significant because I feel that I was also the victim of human trafficking for leaving my family and working overseas. At first, I did not know what is human trafficking and how to identify the victim of human trafficking. 29 I used to feel only sympathy on the victims and did not know that to do, but now I can at least help them by providing them with information on what steps they should take. The other matter is that, I see many people who are not aware of this human trafficking and therefore I am planning to distribute books to the existing authorities and the people so that the victims are able and willing to report human trafficking. If calculated in percentage, AAPTIP and NEXUS contribute 50% to this change, the remaining 50% is contributed by LNGO that has also been helping the victims up to now and the knowledge that the member colleagues of MDT have. There are several local organizations that also engage in this, but they are not significant, NEXUS and we are like family. 30 Measuring Multi-Disciplinary Team (MDT) Members’ Initial Knowledge in Three Villages in Three Districts (Sukabumi, Cirebon, and Cianjur) of West Java Province Regarding the Process of Human Trafficking Victims Identification and referral ERWIEN TEMASMICO DJAYOESMAN AAPTIP NATIONAL MONITORING & EVALUATION INFORMATION OFFICER Picture 1 - Sukabumi Multi-Disciplinary Team TABLE OF CONTENTS ................................................................................................................................... 3 ............................................................................................................................... 3 ........................................................................................................ 4 .................................................................................................. 4 .......................................................................................................................... 4 ...................................................................................................................... 5 ......................................................................................................... 5 ................................................................................................................. 6 ........................................................................................................................... 8 ......................................... 8 ........................................................................ 8 ....................................................... 9 ................................................................ 9 ................................................. 10 ........................................... 10 ............................................................. 11 ....................................................................................... 11 ......................................................... 11 ........................................................................................................ 12 ....................................................................................................... 12 .................................................................................................................. 13 .............................................................. 13 ............................................................................................... 14 .......................................................................... 15 ................................................................................. 15 .......................................................................... 16 Page 1 of 16 LIST OF PICTURES Picture 1 - Sukabumi Multi-Disciplinary Team ............................................................................................................................................................0 Picture 2 - Diagram link program between AAPTIP & NEXUS ....................................................................................................................................3 Picture 3 – Process of Questionnaire completion.......................................................................................................................................................5 Picture 4 - Questionnaire ..............................................................................................................................................................................................5 LIST OF CHARTS Chart 1 - Number of respondents disaggregate by gender ........................................................................................................................................4 Chart 2 - Distribution of MDT Members occupation ..................................................................................................................................................4 Chart 3 - Number of people were attended TIP events .............................................................................................................................................6 Chart 4 - Total score per variable .................................................................................................................................................................................7 Chart 5 - Total result score in 3 pilot areas .................................................................................................................................................................7 Chart 6 - Current knowledge percentage of MDT member in 3 areas ......................................................................................................................7 Chart 7 - Comparison of knowledge of victim identification .....................................................................................................................................8 Chart 8 - Score total for variable one...........................................................................................................................................................................8 Chart 9 - Knowledge level of victim identification ......................................................................................................................................................8 Chart 10 - Form of trafficking .......................................................................................................................................................................................8 Chart 11 - Potential TIP victim by gender ....................................................................................................................................................................8 Chart 12 - TIP victim nationality ...................................................................................................................................................................................8 Chart 13 - Type of Indonesian worker occupancy ......................................................................................................................................................9 Chart 14 - Type of Destination .....................................................................................................................................................................................9 Chart 15 - Most favorite destination country .............................................................................................................................................................9 Chart 16 - Victim approval or agreement on contract ...............................................................................................................................................9 Chart 17 - Capacity MDT on looking the sign of TIP victim ........................................................................................................................................9 Chart 18 - Knowledge MDT on victim support ..........................................................................................................................................................10 Chart 19 - Total score for variable two ......................................................................................................................................................................10 Chart 20 - Knowledge level of victim support ...........................................................................................................................................................10 Chart 21 - Support for victims ....................................................................................................................................................................................10 Chart 22 - Role & responsibility of MDT ....................................................................................................................................................................11 Chart 23 - Referral institution or agencies ................................................................................................................................................................11 Chart 24 - Knowledge MDT on Criminal Justice Process ..........................................................................................................................................12 Chart 25 - Total score variable three .........................................................................................................................................................................12 Chart 26 - Knowledge level of CJ process ..................................................................................................................................................................12 Chart 27 - Criminal justice steps for TIP victim .........................................................................................................................................................12 Chart 28 - Cooperation between victims and police ................................................................................................................................................13 Chart 29 - Victim allowed to revoke the report ........................................................................................................................................................13 Chart 30 - Legality needs for CJ process ....................................................................................................................................................................13 Chart 31 - Victim right & responsibility .....................................................................................................................................................................13 Chart 32 - Risk usually or will facing by victim ..........................................................................................................................................................14 Chart 33 - Knowledge MDT on minor victim .............................................................................................................................................................15 Chart 34 - Total score for variable four......................................................................................................................................................................15 Chart 35 - Knowledge level of involved minor victim ...............................................................................................................................................15 Chart 36 - Identification process for minor victim ....................................................................................................................................................15 Chart 37 - Different approach for minor victim ........................................................................................................................................................15 Chart 38 - Referral system for minor victim ..............................................................................................................................................................15 Chart 39 - Criminal justice process for minor victim ................................................................................................................................................16 LIST OF TABLES Table 1 - Target Locations & Number of Respondents ...............................................................................................................................................4 Table 2 - Advantages & Disadvantages of Questionnaire ..........................................................................................................................................5 Table 3 - Data Collection Itinerary of Baseline Study .................................................................................................................................................6 Table 4 - Scoring System of Baseline Study .................................................................................................................................................................7 Page 2 of 16 This study aims at measuring or capturing the knowledge of the program’s current target group (multi-disciplinary team members) to provide baseline data for AAPTIP and NEXUS as the implementers. The program will run a series of training and mentoring for 33 Multi-Disciplinary Team (MDT) members in three regions (district/city) in West Java Province. Results from this baseline study will be compared to an endline study that will probably be conducted in January 2018 (near the end of the NEXUS program) to see any trend or development of the target group’s (MDT) knowledge and capability in identifying and referring Victims of Trafficking for assistance, if they chose this avenue. This study seeks to measure the achievement of the five AAPTIP indicators in this program as follows: a) More forced labor victims identified and the victim referral mechanism being used b) Successful cases of identified forced labor victims c) Victim witnesses becoming more aware of their rights and role as witnesses (a. number of victims having been reached /received information; b. success stories about victims with greater awareness) d) More investigators both men and women being aware of their duties e) Victim witnesses being referred to support networks by investigators The questions (see annex 1) focus on MDTs knowledge on human trafficking crime, especially on victim identification as well as the referral mechanisms or procedure through directory services. The questions are developed in accordance with Identification and Referral Guidelines which is the basis of all mentoring and training modules to be developed/implemented. In the end, through the endline process, the extent of the AAPTIP training program’s impact on law enforcement apparatuses (project no. 2) with regards to human trafficking crime case processing will also be measured based on MDT reports. In other words, it will be seen how comprehensive the relationship becomes from the supply side to the demand side, as illustrated by the diagram below: Picture 2 - Diagram link program between AAPTIP & NEXUS Note: Supply – Law Enforcement Apparatuses Trained by AAPTIP Demand – Community Members (MDT) Trained by NEXUS Page 3 of 16 This baseline was carried out in three villages in three districts of West Java, namely Sukabumi District, Cirebon District, and Cianjur District involving 33 MDT members in the areas. Detailed information on locations and the number of respondents is available in the following table: # of Respondents 19 7 10 8 4 3 0 SUKABUMI 4 0 CIREBON Male Female 4 4 CIANJUR TOTAL 3 Unknown Chart 1 - Number of respondents disaggregate by gender No. 1 2 3 Village District Jambe Nenggang Babakan Geubang Sukamaju Sukabumi Cirebon Cianjur No. of Respondents 11 11 11 Table 1 - Target Locations & Number of Respondents Chart 2 - Distribution of MDT Members occupation 33 MDT members come from many different kinds of profession such as farmer (3%), teacher (9%), police officer (6%), laborer (18%), civil servant (3%), village official (15%), and others (28%). They are community members from the villages. This baseline employs the quantitative descriptive method. The study is descriptive considering that it is carried out to find out the values of one or more independent variables without making a comparison or creating an association among them. There are several independent variables being studies herein, namely: 1. Respondents’ knowledge on the identification of human trafficking crime victims and signs of victims 2. Respondents’ knowledge on support and assistance for human trafficking crime victims 3. Respondents’ knowledge on the criminal prosecution process for human trafficking crime victims Page 4 of 16 4. Respondents’ knowledge on the identification, support, and criminal prosecution process for child trafficking crime victims Each variable stands independently in the process of analysis even though they seem interrelated. Therefore, the descriptive method is selected instead of the comparative or associative approach. Quantitative research refers to research that tries to obtain data in the form of figures, or that seeks to produce quantified qualitative data. The samples were taken using the population (census) method in which population means a generalized region consisting of subjects/objects with certain qualities and characteristics, which were established by the researcher to study and to draw conclusions from. In this baseline, the population is all MDT members in the three regions (33 respondents). Picture 3 – Process of Questionnaire completion The non-interactive technique was employed to collect data, in which the researcher used a questionnaire as a tool. Questionnaire is a data collection tool used by providing a set of written questions or statements for respondents to respond, so the researcher does not directly ask respondents questions (as in the interactive technique such as interview or FGD). In this baseline, the questionnaire was of the combination type in which there were open questions to be answered by the respondents and also questions with options of answers for the respondents to choose from by giving a tick mark (closed questions). Picture 4 - Questionnaire The advantages and disadvantages of using a questionnaire are as follows: ADVANTAGES DISADVANTAGES Time saving, meaning that data can be obtained There is a possibility that a respondent is not in a short time honest in responding to the questions Cost saving, because it does not need many tools An unclear question can lead to irrelevant answer (out of topic) Labor saving, questionnaires can be distributed There is a possibility of respondents copying all at once to all respondents responses from one another Table 2 - Advantages & Disadvantages of Questionnaire Based on the above theory, this baseline employed the descriptive, quantitative method. Data obtained from the baseline population samples was analyzed in accordance with the statistical method being applied to then be subjected to interpretation. Page 5 of 16 This baseline was carried out in stages in three locations as mentioned above for three weeks, following the mentoring process by the NEXUS team. The following is the table of the study’s itinerary and activities in the locations: Location Jambe Nenggang Village – Sukabumi District Babakan Geubang Village – Cirebon District Sukamaju Village – Cianjur District Date 6 May 2017 13 May 2017 20 May 2017 Table 3 - Data Collection Itinerary of Baseline Study From the field-collected data, there are some findings based on the observation, discussion with the Village Heads, and questionnaire results. Below are some key findings: 1 The selection of villages in Sukabumi District was not as expected by AAPTIP and has ended up being under the jurisdiction of Sukabumi City Police (Polres) Office and not that of Sukabumi District Police Office (which has been trained by AAPTIP before). There is a concern that the information about the performance of the trained police we were hoping to gather from the project might not now be possible because the City police have not been trained by AAPTIP). 1 The involvement of a law enforcement apparatus, specifically the sub-district police office in the piloting area was an important part especially in the mentoring activities by NEXUS, so that the two program partners (MDT & Police Investigators) could be acquainted with each other and work in synergy. 1 So far Village Government Officials, especially Village Heads have a central role and are very important people in the initial process or prevention of human trafficking crime, as the permit process and legality verification for workers are under their authority, both those requested by the worker or those requested by the sponsor, including the verification of their residential identification documents. 1 Related to the above point, the lack of awareness about human trafficking crime at a village level is a dominant factor for why human trafficking crime keeps occurring and is a factor in the failure to identify and refer cases within villages. Stakeholders lack the skills to recognize TIP cases. This is true for both village key figures and community members in general. This is despite some MDT members (especially those coming from a labor union) having participated in training or a workshop and seminar held by some institutions such as the Ministry of Women Empowerment and the Ministry of Social Affairs as well as international organizations like Chart 3 - Number of people were attended TIP events IOM. 1 That issue (in the above point) was proven by the poor knowledge of MDT members on variables used as references in this baseline study, as shown by the chart of questionnaire analysis results below: Page 6 of 16 TOTAL SCORE PER VARIABLE TOTAL RESULT VARIABLE 2 VARIABLE 3 230,0 177,3 1,5 CJ PROCESS 3,9 REFERRAL SYSTEM 1,2 IDENTIFICATION PROCESS RISK FOR VOTS 194,5 DIFFERENT APPROACH RIGHT & RESPONSIBILITY REVOKE REPORT LEGALLY NEEDED CJ STEPS COOPERATE WITH POLICE REFFERAL PLACES ASISTANCE FOR VICTIMS… TIP VICTIMS… VARIABLE 1 SUPPORT FOR TIP VICTIM DESTINATION VICTIMS AGREEMENT VICTIMS GENDER VICTIMS NATIONALITY EXPLOITATION FORM VICTIMS OCCUPANCIES 20,3 21,8 15,8 20,0 13,3 12,1 11,8 11,2 9,1 9,1 10,6 9,4 6,7 6,4 6,4 5,2 4,8 Sukabumi Cirebon VARIABLE 4 Chart 4 - Total score per variable Cianjur Chart 5 - Total result score in 3 pilot areas From the above table, it can be concluded that MDT members’ knowledge on each measurement variable was still poor (for details, please see the next section). It was found that members in Cirebon were more knowledgeable (230 on average) than those in Sukabumi (194.5 on average), which was followed by Cianjur (177.3 on average) as the area with poorest level of knowledge on human trafficking crime. 1 The figures shown in Chart 5 are far from ideal based on the victim identification guideline and the service directory guideline developed by NEXUS, which will later be the training module for MDT members in the three areas, along with the assessment system for each question in the four variables in the questionnaire: Question # B1 B2 Each Correct answer will earn 10 point # of right answer correct 1 correct 2 correct 3 correct 4 correct 5 correct 6 correct 7 correct 8 correct 9 ToTal Score B3.1 B3.2 B3.3 B4 B5 Total Point for Section B = 260 7 10 20 30 40 50 60 70 4 10 20 30 40 4 10 20 30 40 3 10 20 30 2 10 20 C1 C2 C3 C4 D1 Total Point for Sec tion B = 200 1 10 5 10 20 30 40 50 5 10 20 30 40 50 7 N/A 10 20 30 40 50 60 70 D2 D2.1 D2.2 D3 D3.1 E1 Total Point for Section B = 310 8 10 20 30 40 50 60 70 80 9 10 20 30 40 50 60 70 80 90 1 10 1 10 5 10 20 30 40 50 E2.2 E2.3 Total Point for Sec tion B = 50 7 10 20 30 40 50 60 70 8 10 20 30 40 50 60 70 80 1 10 2 10 20 820 Table 4 - Scoring System of Baseline Study Therefore, it is determined as a whole (ideal total assessment figure vs provisional total knowledge level) that MDT members in Cirebon District sit at 28%, Sukabumi District at 24%, and Cianjur District at 22%. Chart 6 - Current knowledge percentage of MDT member in 3 areas 1 Based on the analysis per variable, it is found that the level of knowledge on the referral mechanism (variable 2) in total was the lowest at 14%, then followed by knowledge on the criminal prosecution process for human trafficking crime victims (variable 3) at 15%, and on the criminal prosecution process for child TIP cases at 32%. As for knowledge on victim identification, the percentage was 41% (for more details, please see the next section). That said, only some MDT members were able to correctly answer (full score) some questions from the 4 sets of questions in the questionnaire. Page 7 of 16 2 10 20 The baseline study’s findings as a whole (total) have been provided above (summary and findings). Next, this section shall explain those findings in a detailed way for each question from the four variables in the study as the result of the questionnaire analysis1. Broadly speaking, most MDT members were able to answer each question albeit not perfectly (obtaining perfect scores), but at least out of seven answers they could answer one correctly. Chart 7 - Comparison of knowledge of victim identification Chart 8 - Score total for variable one Chart 9 - Knowledge level of victim identification In the above chart we can see that overall MDT members’ knowledge were below 50% (see Chart 8), where in this variable members in Cirebon had better understanding compared to those in the other two areas. Chart 10 - Form of trafficking Chart 11 - Potential TIP victim by gender 1 Chart 12 - TIP victim nationality Respondents were allowed to give more than one responses, so the chart does not represent the condition of one person one answer per question Page 8 of 16 24 MDT members were able to provide an answer about the forms of trafficking (Chart 10) and only 2 gave 5 out of 7 answers. 7 people did not correctly answer the question on the dominant gender of victims of human trafficking (Chart 11), and the chart shows that there were only 9 people who mentioned the possibility of adult men falling victim to human trafficking, with the most frequent answers being girls (26 respondents) and adult women (21 respondents). 6 people answered correctly that human trafficking crime can happen to Indonesian citizens working in Indonesia, Indonesian citizens working abroad, and also foreign citizens working in Indonesia (Chart 12) Chart 13 - Type of Indonesian worker occupancy Chart 14 - Type of Destination Chart 15 - Most favorite destination country The majority of MDT members (24 respondents) mentioned Indonesian workers mostly working abroad as domestic helpers (Charts 13 & 14). The most favorite destinations were middle eastern countries (Chart 15). Most workers in Malaysia apparently had a job as construction labor or in a farm while some of them work as domestic helpers. Out of 33 MDT members, only 2 answered correctly. The others only provided incomplete answers. 21% of MDT members stated workers had a destination both within and outside of Indonesia. Chart 16 - Victim approval or agreement on contract Chart 17 - Capacity MDT on looking the sign of TIP victim 64% of the members already had an understanding that even though the victim had agreed or signed an employment contract, it does not mean their status as victim had to be annulled. 24% of them said that victims would lose their status and rights as victim (Chart 16). On the other hand, 70% of MDT members could see the signs of human trafficking victims although they could not explain completely such signs as in the NEXUS victim identification guideline, while the others could not mention those signs (Chart 17). Page 9 of 16 Currently, support and assistance available in the three areas are significantly lacking. This explains MDT members’ poor knowledge on the possible forms of support and assistance for human trafficking crime victims. There is a lack of awareness raising effort about the available services for victims and also a lack of community involvement in advocacy for human trafficking crime victims, as illustrated by the charts below: Chart 18 - Knowledge MDT on victim support Chart 19 - Total score for variable two Based on the charts above, MDT members’ understanding in Cirebon (35.5) scores much higher than in the other two regions (chart 19 & 20). Even though statistically, looking at the three components in this variable, MDT members were able to give answers in the questionnaire (chart 18), 33 of them actually could not provide complete explanations. Chart 20 - Knowledge level of victim support The chart on the left shows that in MDT members’ understanding, the most important support was social support (16 respondents), and then health and legal support (12 respondents). Only 1 MDT member was able to give 4 out of 5 correct answers based on the victim identification guideline. Chart 21 - Support for victims Page 10 of 16 None of MDT team members were able to name MDT’s seven roles and only 3 out of 33 were able to name at least 2 roles, and the rest was only able to name one role. On the other hand, majority of MDT members mentioned that in addition to raising public awareness (7 respondents), MDT is also responsible for identifying victims (4 respondents), give referral (3 respondents), report to police and Chart 22 - Role & responsibility of MDT coordinate with other government bodies (2 persons each), and offer protection (2 persons). The other 15 could not name any role correctly. As mentioned before, lack of or insufficient referral facilities at villages poses a major challenge to MDT members. Referral institutions generally are located far from villages and this creates problems when they have to refer trafficking victims to obtain services. The following services are available in the three locations: TRAFFICKING VICTIMS · Police, represented by Public Safety and Order Section · Trafficking Task Force · Puskesmas · Support from NGO WITNESS VICTIM · Legal protection and security · Maintain confidentiality of information regarding the victims MIGRANT WORKER VULNERABLE GROUP · Skills building (Training Center) · Business Groups · NGOs · Explain about legal basis related to trafficking crime · Advocacy – to obtain support Unfortunately, more than 50% of MDT team members could not answer the four questions due to their poor knowledge concerning victims’ services and access to such services. 2 MDT members were able to name 3 out of 7 referral institutions, while majority of the members (16 respondents) answered that victims have to be referred to the police to access criminal justice process. Aside from that, 9 members also said that victims can be referred to access services from relevant government institutions, such as Social Affairs, Chart 23 - Referral institution or Manpower and Health Offices. The rest mentioned that they agencies can refer victims to NGOs, village apparatus and P2TP2A (integrated center for women and children protection). Page 11 of 16 Chart 24 - Knowledge MDT on Criminal Justice Process Chart 25 - Total score variable three Chart 26 - Knowledge level of CJ process MDT members’ lack of criminal justice knowledge is understandable due to the fact that they rarely interact with trafficking investigators from respective resort police. They are also lacking information on steps they can take to support victims during criminal justice process against suspects. 52% of MDT members could not name criminal justice process while the other 42% could name at least one step (only 1 respondent named 3 out of 9 trafficking criminal justice process). The steps that majority of MDT members named are: 1 File a report to local or nearest police office; 1 Police will start an investigation based on Chart 27 - Criminal justice steps for TIP victim report; 1 Police will conduct investigation (summoning witnesses and gathering evidence); and 1 Follow up to trial sessions In addition to the points they mentioned, we asked two questions to further understand if MDT members are aware of criminal justice process; (1) Is it legally necessary to cooperate with the police during the criminal justice process? and (2) Are victims allowed to revoke their report? The answers are consistent with those of the above points’ (see diagram below) Page 12 of 16 Chart 28 - Cooperation between victims and police Chart 29 - Victim allowed to revoke the report 91% MDT members said that victims should cooperate with the police, while the other 9% said that victims should access social and health services. Similar answer arose when they said victims may revoke their report (52% said it is possible and 48% said otherwise). Prevailing laws do not prohibit victims from revoking their report, nonetheless, such action will not cease legal process or investigation that investigators carry out. 64% named at least one legality required in criminal justice process and the other 36% could not name anything. Those are: 1 Travel documents such as tickets, permission letter, ID Card, Family Card, etc. 1 Bring in witnesses; 1 Report to police; 1 Visum et repertum; 1 Photos of victims and crime scenes; 1 ID of suspects; Chart 30 - Legality needs for CJ process 1 Chronological events or Police Report; 76% of MDT members could name one or two out of 7 basic rights and two responsibilities of victims during criminal justice process, such as: 1 1 1 1 1 Rights to attain justice (receive legal aid) and protection Responsibilities to give honest and right statements Responsibilities to report a trafficking case Rights for privacy and confidentiality Rights for restitution On the other hand, 26% could not respond with an answer when asked what are trafficking victims’ rights and responsibilities during criminal justice process. Chart 31 - Victim right & responsibility Page 13 of 16 Majority of MDT members (64%) could not answer question on risks for trafficking victims when they decide to pursue criminal justice process. Remaining 36% did give an answer or two. According to MDT members, some of the risks for victims are: Chart 32 - Risk usually or will facing by victim 1 Force or pressure to testify as witness 1 Protection procedure failure 1 Time consuming (when they have to testify) Page 14 of 16 In addition to limited knowledge on the criminal justice system (see prior explanation), they also have limited knowledge on victims identification and criminal justice for child victims, which is only 32% as reflected in following diagram: Chart 33 - Knowledge MDT on minor victim Chart 34 - Total score for variable four Chart 35 - Knowledge level of involved minor victim We can see from the variables that MDT members in Sukabumi have higher understanding concerning identification and criminal justice for child victims (18.2) compared to their fellow members in Cirebon (16.4) and Cianjur (13.6), namely regarding the referral system (diagram 34 & 35). Weakest areas within these variables are understanding on (1) Criminal Justice Process; (2) Referral System); and (3) Identification Process (Diagram 23) Chart 37 - Different approach for minor victim Chart 36 - Identification process for minor victim Page 15 of 16 Chart 38 - Referral system for minor victim Three diagrams above indicate that 94% of MDT members agree to a special identification process of child victims, while the other 6% said it does not have to be done differently (Diagram 36). However, only 12% of MDT members were able to inform how the identification should be done (Diagram 37). Following are different approaches in child victims’ identification: 1 Never put pressure on child victims to get their statements; and 1 It has to be done in a closed session. In regards to child referral system, only 36% were able to name such system and how it works, which include the following: 1 Receive security protection from the police (Women and Children Protection Unit) or Child Protection Office; 1 Receive medical attention from sub-district health center or hospital; 1 Rehabilitation to Social Affairs Office. Only 15% of MDT members could name criminal justice process for child victims, such as: (a) victims have to be accompanied all the time; (b) victims do not have to be present at court room to prevent them from meeting the suspects; (c) victims’ statements can be recorded in a closed session or trial. Chart 39 - Criminal justice process for minor victim MDT members’ poor knowledge might be due to limited information concerning criminal justice process for child victims and child protection awareness raising program. Page 16 of 16 ENDLINE STUDY RESULT Measuring Multi-Disciplinary Team (MDT) Members’ end of project knowledge in Three Villages in Three Districts (Sukabumi, Cirebon, and Cianjur) of West Java Province Regarding the Process of Human Trafficking Victims Identification and referral ERWIEN TEMASMICO DJAYOESMAN AAPTIP NATIONAL MONITORING & EVALUATION INFORMATION OFFICER Picture 1 - Sukabumi Multi-Disciplinary Team TABLE OF CONTENTS ........................................................................................................................................ 2 A. Objective ..................................................................................................................................... 2 B. Endline Study Methodology....................................................................................................... 2 Study Methods ............................................................................................................................... 2 Limitation of Study ......................................................................................................................... 3 ..................................................................................................................... 3 ............................................................................................................................... 4 Section B: IDENTIFICATION AND SIGNS OF HUMAN TRAFFICKING VICTIMS ................................... 4 Section C: SUPPORT AND ASSISTANCE FOR HUMAN TRAFFICKING VICTIMS .................................. 5 Section D: CRIMINAL JUSTICE PROCESS............................................................................................. 6 Section E: CHILD VICTIMS (MINORS UNDER 18 YEARS OLD) ............................................................ 7 Conclusion ........................................................................................................................................... 7 LIST OF PICTURES Picture 1 - Sukabumi Multi-Disciplinary Team ........................................................................................ 0 Picture 3 - Process of filling Questionnaire ............................................................................................. 2 LIST OF CHARTS Chart 2 - Comparison percentage Respondents able to answer Variable 2 (Baseline VS Endline) ........ 4 Chart 3b - Total Score Percentage Baseline vs Endline........................................................................... 4 Chart 4 - Average Score Baseline vs Endline by Area.............................................................................. 4 Chart 8 - Comparison Percentage Respondent able to answer Variable 3 (baseline vs endline)........... 5 Chart 9 - Average score Baseline Vs Endline by Area ............................................................................. 5 Chart 10 - Total Percentage Baseline vs Endline..................................................................................... 5 Chart 14 – Comparison of Knowledge MDT on Criminal Justice Process between Baseline & Endline . 6 Chart 15 – Percentage Score of Knowledge level of CJ process between Baseline & Endline ............... 6 Chart 16 - Total score variable three Areas ............................................................................................ 6 Chart 22 - Knowledge MDT on minor victim........................................................................................... 7 Chart 23 - Total score for variable four................................................................................................... 7 Chart 24 - Knowledge level of involved minor victim ............................................................................. 7 Page 1 of 11 A. Objective This study measures increases in knowledge of the target group (multi-disciplinary team members) as a result of a series of training and mentoring conducted over 9 months for 33 members of the Multi-Disciplinary Team (MDT) in three districts in West Java province. The results of this Endline study is compared with the results of the Baseline study conducted on 5 May – 23 May 2017, in order to observe any increases in, or development of knowledge and capacity of the target group (MDT) for identifying and referring human trafficking victims to receive services. PROJECT GOAL: To increase the identification of trafficking victims at a village level, to increase their referral into the criminal justice process and access to assistance. • Objective #1. To build the capacity of police and other front-line actors at the village level in West Java to screen and identify potential trafficking victims in their communities • Objective #2. To enhance the identification and referral of trafficking victims for access to the criminal justice system and assistance. The study questions (see annex 1) focus on MDTs’ knowledge about human trafficking, especially victim identification as well as the referral mechanisms or procedures through directory services. The questions were developed in accordance with the Identification and Referral Guidelines which is the basis of all mentoring and training modules which were developed and implemented. B. Endline Study Methodology Study Methods This Endline study employs the quantitative descriptive method. The study is descriptive considering that it is carried out to find out the values of one or more independent variables without making a comparison or creating an association among them. There are several independent variables being studies herein, namely: 1. Respondents’ knowledge about the identification of human trafficking victims and signs of victims 2. Respondents’ knowledge about support and assistance for human trafficking victims 3. Respondents’ knowledge about the criminal prosecution process for human trafficking victims 4. Respondents’ knowledge about the identification, Picture 2 - Process of filling Questionnaire support, and criminal prosecution process for child trafficking victims Each variable stands independently in the process of analysis even though they seem interrelated. Therefore, the descriptive method is selected instead of the comparative or associative approach. Quantitative research refers to research that tries to obtain data in the form of figures, or that seeks to produce quantified qualitative data. Page 2 of 11 Limitation of Study There were several factors that are likely to have an impact on the quality and consistency of data from respondents, as follows: a. As noted, the contents measured in this study (endline) follow the same content as the previous study (baseline) to make the result comparable. No other questions were asked as it would not be comparable, hence, any other factors were not able to be captured by this tool; b. Because of the limited scope of this study, it would not be appropriate to serve as a final evaluation of the whole project. The study’s findings can and should, however, inform the final report of the project along with other monitoring data. c. Using questionnaires as the data collection tool instead of interviews meant that the opportunity to probe or gain deeper insight was not possible. From the field-collected data, there are some findings based on the questionnaire results below: There was a small increase in knowledge (three percentage points) in relation to identification and signs of human trafficking overall, however knowledge of indicators of human trafficking increased significantly in two areas (Sukabumi and Cirebon). Across the three areas, however, MDT members’ awareness of domestic trafficking or foreigners being exploited in Indonesia reduced since the baseline study. There was also a small increase in knowledge (six percentage points) about support and assistance for human trafficking victims overall, however in Cianjur, correct answers to questions about the kinds of support that should be provided reduced significantly. Possible explanations for this may involve the ongoing lack of support and referral options available for trafficking victims, so the question about what “should” be available may have been misinterpreted as what “is” available. Correct answers relating to roles and responsibilities of MDT members rose substantially from the baseline. In terms of awareness of referral options, there were greater increases with regard to the Integrated Service Centre for Women and Children (P2TP2A), as well as police and government services, while awareness of NGOs and village staff remained about the same. There was a small increase in knowledge (four percentage points) in relation to the criminal justice process. Overall, MDTs were more knowledgeable about the steps in the criminal justice process and victims’ right to revoke a police report, however were less aware of what is legally required of a victim who files a criminal complaint. Possible explanations for this may involve the fact that very few of the potential victims that the MDT members came in contact with wanted to file a formal police report. Most victims wanted to receive informal compensation for unpaid wages or unfair debt from exploiters rather than pursue a court case. There was an increase in knowledge of risks facing victims of trafficking in Sukabumi and Cirebon but a slight decrease in Cianjur, which is likely due to confusion about the question. There was a significant increase in knowledge (15 percentage points) in relation to child victims of trafficking. In particular, a steep increase in correct responses was seen in the subject of referral systems for child victims (from 36% in the baseline to 81% in the endline). In contrast to the other sections, Cianjur increased the most in this subject, indicating that there are possibly members of the MDT with specific child victim experience. Page 3 of 11 The Endline study’s findings as a whole have been provided above (summary and findings). Next, this section shall explain those findings in a detailed way for each question from the four variables in the study as the result of the questionnaire analysis1. Section B: IDENTIFICATION AND SIGNS OF HUMAN TRAFFICKING VICTIMS Broadly speaking, most MDT members were able to answer the questions in this section in the Baseline and Endline studies however there were some increases of more than 10 percentage points in relation to the last two questions, represented in the chart below. Chart 1 - Comparison percentage Respondents able to answer Variable 2 (Baseline VS Endline) The understanding of the forms of exploitation decreased from 73% to 65%, while the understanding of other issues in this variable remained the same or increased, such as understanding of the victim’s consent and signs or indications of human trafficking victims. Many MDT members view sex and worker exploitation as the only forms of human trafficking; only a few mentioned other forms, such as trafficking of organs, vessel crew, etc., as human trafficking. This may reflect the types of trafficking that are mostly occurring in their immediate communities, but the limitations of the questionnaire methodology prevented the study from learning more about this. Chart 2b - Total Score Percentage Baseline vs Endline Chart 3 - Average Score Baseline vs Endline by Area 1 Respondents were allowed to give more than one response, so the chart does not represent the situation of one person one answer per question Page 4 of 11 Based on the chart above, we can see that overall, there has been an increase in the MDT members’ knowledge in this variable (Identification and signs of human trafficking victims) although total questions answered correctly was still below 50% (Chart 3b). Based on the results of analysis by district, Cianjur saw a decrease of 7 points from 109 points at baseline to 102 at endline out of 260 points maximum (for detail please see next sub section analysis), while two other areas saw an increase (chart 4). Section C: SUPPORT AND ASSISTANCE FOR HUMAN TRAFFICKING VICTIMS According to the respondents, there is no change in the availability of referral options for the victims in their areas. Maximum score for this variable or section is 200 points. Chart 4 - Comparison Percentage Respondent able to answer Variable 3 (baseline vs endline) Chart 6 - Total Percentage Baseline vs Endline Chart 5 - Average score Baseline Vs Endline by Area Overall, there is increased knowledge related to the referral system and the support which is required or can be provided to human trafficking victims from 15% to 21% (chart 9). From the breakdown by district, it can be seen (chart 10) that Sukabumi and Cirebon have increased rather significantly, while in Cianjur, the knowledge of MDT members in this variable remains the same as the baseline, which may also be a reflection in part of the lack of services in that area. Page 5 of 11 Section D: CRIMINAL JUSTICE PROCESS Chart 7 – Comparison of Knowledge MDT on Criminal Justice Process between Baseline & Endline Chart 9 - Total score variable three Areas Chart 8 – Percentage Score of Knowledge level of CJ process between Baseline & Endline Overall, there has been an increase in the MDT members’ knowledge and understanding in this variable (Chart 16), and such increase occurred in the three MDTs (Chart 15). However, if viewed in detail, there are some contents in this variable which decreased, such as knowledge of the legal requirement for victims to cooperate with the police as well as understanding of the legal requirements which must be fulfilled by the victim, the assisting person and the competent authority in order that the victim can receive maximum services (Chart 14). It is possible that respondents’ answers reflect a new awareness of the challenges faced by victims in reporting and cooperating with the police compared with limited exposure at the beginning. Page 6 of 11 Section E: CHILD VICTIMS (MINORS UNDER 18 YEARS OLD) Overall, the MDT members’ knowledge and understanding in three areas have increased by 13% (chart 25) from previously 32% at baseline. Maximum score for this variable is 50 points. Chart 10 - Knowledge MDT on minor victim Chart 11 - Total score for variable four Chart 12 - Knowledge level of involved minor victim We can see in this variable that the three MDTs have increased their understanding and knowledge in relation to child victims, particularly MDT Cianjur, which saw a significant increase (chart 24) compared to the baseline results. Conclusion Overall there was a small increase in knowledge from the baseline study to the endline study. There were no targets set for knowledge gain, however, and given the low starting point, any gain can be considered as a positive. In some subjects, the scores may reflect the challenges facing trafficking victims and those helping them to navigate official channels for support and redress. Very few victims want to pursue formal complaints and see their traffickers put in prison, reasonably preferring to receive financial compensation for unpaid work or unfair debts. This makes the role of the MDT in providing a bridge between the victim and the formal justice system difficult. The findings show that despite this, the MDTs are more aware of their roles and responsibilities, the steps in the criminal justice process and of the referral options for victims and especially children. It is also possible that the MDTs skills and knowledge of other important aspects of their duties has improved but this study was limited in scope, both in terms of the questionnaire methodology, and the format of baseline/endline questions needing to be identical for comparison. Other factors affecting the scores may include the focus on theory rather than practice, and in this way, it is expected that this study will serve as only one source of data for a broader assessment of the progress and achievements of the MDTs in Sukabumi, Cirebon and Cianjur. Page 7 of 11 ANNEX I - Questionnaire A. Demography Data Tick (x) the box is appropriate with the question below A1. Location: A2. Gender A3. Education Master ☐ PhD A4. Occupation ☐ Military ☐ Sukabumi ☐ Cirebon ☐ Cianjur ☐ Male ☐ Female ☐ Elementary ☐ Jr HS ☐ Sr HS ☐ Diploma ☐ BA ☐ ☐ Farmer ☐ Fisherman ☐ Breeder ☐ Teacher ☐ Police ☐ Labour ☐ Civil Servant ☐ Village Staff ☐ Others …………………………………… A5. Did you have been received information or attended training/seminar about TIP previously (other than NEXUS)? ☐ Never ☐ YES – Frequent, How Frequent?.................. ☐ YES, rare A5.1 if YES, from whom? (Please write the name of organization) ………………………………………………. B. Victim Identification and sign of TIP victim Open question, please write the appropriate answer as you know base on the question below B1. What are the forms of exploitation for which people may be trafficked?? B2. What type of labor are Indonesian trafficked for? Which countries or area that the exploitation happens the most? B3. What type of person can be trafficked? Tick (x) appropriate boxes – Multiple answers B3.1 Base on Gender: ☒ Girls ☒ Boys ☒ Female ☒ Male B3.2 Base on Nationality: ☒ Indonesian Migrant worker ☒ Foreigner in Indonesia ☒ Indonesian local worker B3.3 Base on destination: ☒ Outside Indonesia ☒ Within Indonesia B4. If someone agrees to do the work can they still be a TIP victim? Tick (x) the appropriate box ☒ YES ☐ NO ☐ Others, (describe)……..……………………………………………………………….. B5. How do you know if someone become or will be victims of trafficking (sign or Indicating)? Page 8 of 11 C. Victim Support C1. What kind of support should a TIP victim have? Listing all the support that you know C2. What kind of assistance that provide at the village level? And what is MDTs role? C3. In your District, what kind of support/assistance available for: C3.1 Victim of trafficking Based on respondent Responses C3.2 Victim witness Based on respondent Responses C3.3 Migrant Worker Based on respondent Responses C3.4 Vulnerable Group (Penyandang Masalah Kesejahteraan Sosial/PMKS) Based on respondent Responses C4. Where would you refer a TIP victim for the following assistance? And what kind of assistance? D. Criminal Justices Process D1. What are the steps in the criminal justice process? Listing the steps D2. Do victims legally have to cooperate with the police during criminal justice process? ☒ YES ☐ NO D2.1 Are they allowed to withdraw their report? ☒ YES ☐ NO D2.2 what is legally required of a victim of crime who files a complaint or is approached by the police? D3. What rights and responsibilities do victims of trafficking have during criminal justice process? Victims Right D3.1 What the risk will be face by VoTs? Page 9 of 11 E. Involve Minor Victim (under-age children) E1. Is there any different approach when dealing with the minor Victims? ☒ YES ☐ NO E2. Please explained more detail during the process of: E2.1 Identification process E2.2 Referral or assistances for minor victims E2.3 Criminal Justice proses for minor victim ---- Thank you for your time to complete this questionnaire ------ Page 10 of 11 Tracer Study on the Application of Training Knowledge of 2nd Reactive Investigation AAPTIP Indonesia Country Office Technique APRIL 9th – APRIL 16th, 2018 Erwien Temasmico - Indonesia NMEIO Contents A. Background of the Tracer Study ..................................................................................................... 3 Objective of the Tracer Study ........................................................................................................ 3 B. Key findings..................................................................................................................................... 4 Data Collection Process & Methodology ....................................................................................... 5 Limitations During Data Collection ................................................................................................ 6 C. Analysis of the Findings .................................................................................................................. 7 Result of Individual Interview ........................................................................................................ 8 D. Conclusions ................................................................................................................................... 22 Annex one – Result of training evaluation ............................................................................................ 23 Annex two - Result of Pre- and Post-Test ............................................................................................ 24 Annex three - Respondent profile and data collection phases ............................................................ 25 Annex four - Guideline Question ......................................................................................................... 27 LIST OF CHARTS Chart 1 -Number of TIP Cases Handled before and after training .......................................................... 7 Chart 2 – Respondents Candidate Vs Actual Respondents ................................................................... 26 Page 2 of 27 A. Background of the Tracer Study Objective of the Tracer Study The objective of this study is to measure the extent to which selected participants of the second reactive investigation skills training have been able apply the knowledge and skills that they obtained from the course in West Java Provincial police office, 22 district police office in West Java, and some of the TIP task force of CID INP held 23 May – 27 May 2017. This study is also interested in which skills in particular are in use, and the reasons behind any that are not being applied. The goal of the reactive investigation training was: To provide the participants with the necessary knowledge and skills to enable them to effectively use a range of reactive investigative techniques in trafficking in persons cases. While the learning objective was: At the end of the program, participants will be able to: 1. Fully describe the act-means-purpose analytical framework in respect of international and domestic TIP legislation and to contrast and explain the differences between international and domestic law. 2. Demonstrate sound knowledge of the four-stage victim-identification methodology and the challenges associated with its application. 3. Explain the critical importance of risk assessment in TIP cases and describe the four-stage risk assessment matrix, especially in relation to the risks posed to victims of TIP. 4. Demonstrate a sound grasp of the principles of investigation planning and critical decision-making skills. 5. Fully describe the key elements of the PEACE interview model and demonstrate technical skill in the development and execution of evidential victim interviews 6. Articulate the crucial importance of evidential corroboration and explain the three principal methodologies by which it can be obtained 7. Fully describe each phase of the PEACE model for planning and executing arrest and rescue operations in TIP cases. In addition to sessions on financial investigation, asset seizure and the invetsigators’ role in assisting victims to claim restitution, the course included the rationale and principles of transnational investigative cooperation and the difference between operational and judicial cross-border cooperation methods. Page 3 of 27 B. Key findings The key findings of this study are as follows: • • • Only two districts had more than a small number of cases: Cianjur (23 cases since 2016, 80% sexual exploitation) and West Java with 26 cases since 2016. Cianjur and Indramayu respondents reported that one result of the training was an increase in cases (from 5 to 15 and from zero to six respectively). INP HQ had 16 cases involving forced labour in 2017, however outside HQ the majority of cases recorded are for sexual exploitation. Relatively stable cohort of trainees: Out of the 12 respondents (M:5, F:7), only 2 respondents (M:1, F:1) have been transferred. One female respondent was transferred to another District Police and still holds the same position as the head of WCPU1 unit in the new place, while one male respondent was transferred to another unit although he is still in the same District Police. The training content most commonly remembered was techniques for interviewing victims (7 respondents (6:F)), followed by victim handling (3 (2:F)) and arrest and reactive investigation (2:M), victim restitution (2:F) and Financial investigation (2:M). Ability to use new skills and knowledge • • • • • 11 out of 12 respondents, 92% (M:4, F:7) have been able to apply new knowledge and skills developed in the training for TIP2 and/or other cases. Seven (M:2, F:5) out of 12 respondents (58%) have handled TIP cases and used knowledge and skills in handling those cases with good results, while the remaining respondents (M:3, F:2) have not handled TIP cases but used the learnings in other cases. 9 respondents (M:3, F:6) used the victim interview techniques as taught in the reactive investigation training. This involved various measures to make the victim more comfortable so as to elicit better evidence. TIP victim identification technique (fulfillment of TIP elements) constitutes knowledge and skill applied by 4 respondents (M:2, F:2). The other knowledge applied is apprehension technique (M:1), inter-agency or inter-area coordination (M:1, F:1), restitution (F:1), and financial investigation (M:2). Results and success factors • Overwhelmingly the results of applying the skills and knowledge included victims being more comfortable (9 including 6F) and this often led to faster interviews and processing of cases because when comfortable, victims were more cooperative. 1 Women and Children Protection Unit 2 Trafficking In Person Page 4 of 27 • • One respondent also noted that because of the more in-depth interviews, better case files were being presented to prosecutors and fewer were sent back. Success factors varied but a common response was about motivation of investigators, as well as increase in capacity, coordination, cooperation and team work, and one respondent noted that attention from leaders was a significant success factor. Hindering factors and challenges • • • • • • Most reported challenges involved limited budget and equipment and limited investigators (including the pressures of needing to investigate other crimes in the unit) which impacted on the ability to investigate cases, particularly when travel was needed. Limited knowledge about TIP law and elements among prosecutors and judges was also noted by several respondants. Uncooperative victims were noted by three respondents who also mentioned that often victims do not consider themselves as victims (and it is likely that they are willing prostitutes). Linked to the above point, there is an absence of TIP cases reported from the public in some areas, and few if any TIP cases are handled. In addition, many victims only expect damages from perpetrators without any intention to proceed with a formal criminal process. Catching the “big fish” (high level expoiters) was noted as a problem by three respondents (2:F) because they are out of reach and the focus on the low level recruiters means that conducting financial investigation is not possible – there is very little money at that level. Calculating restitution for victims was a challenge for two respondents (F). Data Collection Process & Methodology The data collection process was conducted in 13 police stations; 1 at the national level (BARESKRIM MABES POLRI), 1 Provincial level Police (West Java Provincial Police), and 11 stations at the district/city level consisting of Cianjur District Police, Sukabumi District Police, Cirebon District Police, Bandung Barat District Police, Subang District Police, Indramayu District Police, Karawang District Police, Bandung Major City District Police, Bandung District Police Office, Bogor District Police Office and Bogor City Police office. The study targeted 12 people (Male 5, Female 7) as respondents out of 31 training participants (39%). The selection of the respondents is based on the following categories: 1. Participants who have handled TIP cases after attended course; 2. Progressive and active participants after course; 3. Recommendation from Head of TIP unit of West Java Provincial Office. The study will use twokinds of approaches, as follows: 1. One on one interview, using purposive sampling which involves selected persons (please see the list name in the table below) who attended Reactive Investigation Course. Page 5 of 27 2. Collection of documents or photos for evidence to triangulate claims of knowledge and skills use and statistical data on TIP cases. The respondents were selected by using Purposive sampling techniques. Names of respondents are as follows: No Name sex 1 Abraham Boang M Manalu 2 Wa Ode Pryati F Halma 3 Mugiono M 4 Iwa Mashadi M 5 F 6 Nenden Nurpatima Frida Hidayanti 7 Irrene Kania Defi F 8 Mutia Teny F 9 Indrie Hapsari F 10 Herwit Yuanita F 11 Asep Sodikin M 12 Muhlisin M F Position During Training Investigator in TIP Task Force of General Crime Directorate of CID of INP HQ Investigator in Unit III of subdirectorate IV of West Java General Crime Directorate Chief of WCPU of Cimahi District Police Office Chief of WCPU of Cirebon District Police Office Chief of WCPU of Subang District Police Office Chief of WCPU of Bogor City Police Office Chief of WCPU of Bandung City Police Office Recent Status Same Position Same Position Same Position Same Position Same Position Same Position Chief of WCPU of Bogor District Police Office Chief of WCPU of Bandung District Same Position Police Office Chief of WCPU of Indramayu Same Position District Police Office Chief of WCPU of Karawang District Same Position Police Office Chief of WCPU of Cianjur District Same Position Police Office Chief of WCPU of Sukabumi District Chief of Crime Police Office with violence of Sukabumi District Police Office Table 1 - List of Respondents Limitations During Data Collection There are some factors which affect the quality and quantity of data given by respondents: o o 3 (1 from Indramayu District Police, 1 from Bogor City Police and 1 from Bogor District Police) out of the total 12 chosen respondents cannot be met at their office but in another place, thus supporting evidence as a validation or triangulation process cannot be requested. one respondent who comes from Sukabumi District Police has been transferred to another division unlike the respondent's position at the time of training. Another respondent was Page 6 of 27 o transferred from Bandung City Police to Bogor District Police, but was still responsible for a TIP unit. In-depth interviews were sometimes interrupted by sudden important assignments which led to a halt in the interview process or made respondents try to expedite the interview process. C. Analysis of the Findings There is an increase in the number of TIP cases handled in 12 police offices targeted by this study following reactive investigation training based on the results of interview. The following is a case data chart in district police in the jurisdiction of West Java Provincial Police. Before After 18 17 1313 16 5 1 0 2 4 4 6 6 5 1 0 1 1 1 0 2 2 2 0 0 1 Chart 1 -Number of TIP Cases Handled before and after training3 There was an increase in cases noted in 7 districts although still low numbers in most. Respondents from West Java Provincial Police said that the number of handled cases is the same as before the training because some reports coming into West Java Provincial Police are delegated to the District Police from which the victim originates like the case in Karawang and Subang. From the Criminal Investigation Agency of the Headquarter of the National Police of the Republic of Indonesia, the task force team mostly processes TIP cases of transnational dimension based on victim reports and brafak4 from the Ministry of Foreign Affairs. Averagely, TIP cases handled by respondents are based on a (reactive) report and only a few take pro-active actions except for Cianjur District Police in which 50% of TIP cases handled by Cianjur District Police are reportedly based on pro-active investigation. 3 POLDA = Provincial Police Office; Kota = City; Kab = District 4 Information send through faximile Page 7 of 27 Result of Individual Interview Interviews were done by using two key questions as the means to collect data or information. The two key questions are: 1. What is the current situation in TIP case handling in respondents' area? 2. To what extent are respondents able to apply new knowledge and skills learned from reactive investigation training? The following is a summary of the results of interview with 12 respondents: 1) Herwit Yunita (F) – Karawang District Police • She is still in the same position as when she attended the training (head of the women & child protection unit). • In 2016, there were no TIP cases, but at the end of 2017, there was 1 case being handled and in 2018, there is 1 potential case. The two cases are sexual exploitation cases. • The training content she remembered involved the method of handling victims and restitution, including method of apprehension by using a video as a means of evidence. Knowledge and skills from the training that has been applied in TIP cases, involves helping victims to understand that they are TIP victims because in many TIP cases, victims do not regard themselves as victims and they even consider perpetrators as their heroes. Other knowledge and skill are the application of restitution, as investigators currently must canvass victims' restitution right at the beginning of investigation. Results of application of knowledge and skills: • Investigators' helping victims to understand that they are victims facilitates better information from them during interviews. • Better identification of TIP cases. In the past, they have never realized that an incoming report has the nuance of TIP and only considered it as a light criminal or administrative act. • Investigators in the WCPU unit of Karawang District Police have started to take proactive actions by involving the Cyber unit to track human trafficking perpetrators especially online prostitution, whereby previously, they only thought of it as pimping instead of TIP. Challenges identified The challenges faced by investigators in Karawang District Police is the high number of uncooperative victims because they do not regard themselves as victims and they are comfortable with the occupation. According to investigators, perpetrators have met the Page 8 of 27 elements of human trafficking in accordance with Law Number 21 Year 2007. On the other hand, TIP perpetrators sometimes do not know that the practice they do is a part of TIP. Another challenge is the determination of figure or amount of restitution because to date, there is no special or appropriate formulation for calculating the amount of restitution for TIP victims. Success Factors One success factor is team's solidness in handling cases, whereby the respondent as a unit leader always involves all investigators in her unit to participate in handling TIP cases and as much as possible, to make case presentations thus there is a peer-educating process. 2) Abraham Boang Manalu (M) – Criminal Investigation Agency of the Headquarter of the National Police of the Republic of Indonesia • He is still in the same position as when he attended the training (Investigator of the AntiHuman Trafficking Task Force of the Criminal Investigation Agency of the Headquarter of the National Police of the Republic of Indonesia). • The respondent recently joined in the task force in the middle of 2017, and he did not know exactly how many cases handled by the task force in 2016, but in the period from 2017 to 2018, there were 16 cases handled by the task force. All of the cases were forced labor cases with 1,513 victims, most of whom are women, with 28 apprehended perpetrators. • The training content most remembered is the method of victim identification technique (fulfillment of elements), interview techniques and method for handling victims (considering victims' privacy), and financial investigation including confiscation of perpetrators' assets. The respondent is able to apply their knowledge and skills when handling TIP cases, starting from apprehension technique, asset (financial) investigation, and uncovering TIP cases. For example, the first stage is identifying victims in terms of ensuring whether or not they are actually TIP victims. In this stage, investigators collect and examine all of victims' data such as identity card and other documents before putting them into the list of victims. Subsequently, the interview process is commenced and it must be implemented in a proper method as taught in the training because TIP victims usually suffer some trauma. This involves protecting victims' privacy. The next stage is tracking perpetrators assets and then freeze or confiscate them. Results of application of knowledge and skills: • Identification of TIP victims and fast uncovering of TIP perpetrators thus the case handling process becomes faster. • In relation to the point above, doing proper interview makes victims feel comfortable and protected and helps the police in uncovering TIP cases. Page 9 of 27 Challenges identified The challenges faced by the respondent in applying the knowledge and skills developed in the training are limited personnel and time, whereby the number of investigators is incomparable to the number of victims who must be identified and/or interviewed thus it requires a long time. Long distance and low budget constitute other challenges because most cases handled by the Criminal Investigation Agency of the Headquarter of the National Police of the Republic of Indonesia are cases of Indonesian migrant workers overseas thus a lot of budget is required both for dispatching investigators to the location and repatriating victims. However, the National Police of the Republic of Indonesia cooperates with other agencies such as the Ministry of Foreign Affairs, Ministry of Manpower, Immigration, and Ministry of Social Affairs. Success Factors As mentioned above, cooperation and coordination among government agencies constitutes the main success factor in uncovering and handling TIP cases which are handled by the Criminal Investigation Agency of the Headquarter of the National Police of the Republic of Indonesia. 3) Indrie Hapsari (F) – Indramayu District Police • She is still in the same position as when she attended the training (head of the women & child protection unit). • In 2016, there were no TIP cases, but in 2017 and 2018, there have been 6 cases, 4 of which have been in the prosecution stage and one of which is still in the investigation stage. Four cases are related to sexual exploitation and 2 cases are related to Indonesian migrant workers. • The training content most remembered is the method of identifying victims, handling victims, and victim interview techniques Results of application of knowledge and skills: As a result, there is an increase in the number of cases handled because in the past, the respondent did not have any good knowledge and understanding about TIP thus she did not dare to prosecute perpetrators under the TIP Law. So far, the respondent has been able to apply the knowledge and skills developed in the training to TIP cases handled by Indramayu District Police especially enhancing empathy for victims and application of victim interview techniques. In doing interviews, the respondent adopts an approach of closing the distance between the investigator and victims, placing victims in a special room thus victims feel comfortable, and then asking general questions before eventually entering the subject. In addition, a sitting position is also critical, without judging and giving any stigma to victims. There is no significant difference both before and after the application of knowledge and skills developed in the training. However, the training has given enlightenment for the respondent as an investigator that persuasive treatment to victims is fundamental and will subsequently make victims want to admit or give information to the investigator in addition to giving understanding to victims about their rights and obligations. Page 10 of 27 Challenges identified Not all knowledge and skills developed in the training can be applied, for example apprehension by using a recording device. The respondent realizes that recording an apprehension activity will be useful as one of the means of evidence if perpetrators try to twist the facts during a Police Investigation Reportprocess or during a hearing process. However, the challenge faced by the respondent is limited equipment and absence of investigators in the respondent's unit who has the ability to use a camera. Success Factors Improvement in investigators' knowledge and understanding in the WCPU unit both about laws and investigation techniques focused on the victims constitutes the main success factor, because all this time, the respondent tries to transfer or share the knowledge they develop to investigators in their unit. 4) Muhlisin (M) – Sukabumi District Police • The respondent has been transferred to the criminal violence unit as the head of the unit, but remains in the Sukabumi District Police. The respondent served as the head of the WCPU unit for less than one year. • There were 6 cases handled by Sukabumi District Police in 2017, but 2 of those cases were terminated. One of the cases was terminated because there was insufficient evidence and the second case was terminated because of request for termination from the victim's family. • The training content remembered by the victim includes playback of video about organ trading, and scene identification. • So far, the respondent admits that very limited knowledge and skills developed from the training have been applied by the respondent. However, the respondent has shared the knowledge to investigators in his unit. • Before serving as a head of the WCPU unit (unit handling TIP), the respondent did not know anything about TIP. Some training material given by AAPTIP is still relevant for use in his current position, for example, understanding the characteristics of confinement, and use of video media to record apprehension or raid activities. In addition, although the respondent did not completely understand about TIP, investigators in the WCPU unit of Sukabumi District Police have good knowledge about TIP because they often participate in activities both with AAPTIP and other institutions. However, the respondent principally gains new knowledge by participating in the training on reactive investigation convened by AAPTIP. Results of application of knowledge and skills: Although when serving as the head of the WCPU unit, 6 TIP cases have been identified in the area of Sukabumi District Police, the respondent did not dare to say that he made a great contribution to such achievement, but more to the high capacity, ability, and knowledge of Page 11 of 27 investigators in the WCPU unit. The WCPU unit does not only handle TIP cases but also some other criminal cases such as adultery, sexual abuse and property crime. Challenges identified There are some challenges which are faced by investigators in Sukabumi District Police especially in making TIP investigation, as follows: a. Limited budget available to the WCPU unit especially for TIP, thus hampering investigators in collecting evidence, especially due to challenging geography. The wide jurisdiction of Sukabumi District Police and an extremely difficult geography require a large budget. Due to limited budget, investigators in the unit almost have never conducted any pro-active investigation, and only rely on public reports. b. In addition to budget, lack of investigators in Sukabumi District Police affects the number of TIP cases handled. On the other hand, TIP has not been a priority program thus many leaders direct budget and human resources to priority criminal acts such as terrorism and narcotics. c. So far, according to the respondent and his investigators, coordination with prosecutors is relatively good, while understanding about TIP is similar because investigators and prosecutors often meet and discuss in events convened by AAPTIP. However, judges apparently still have limited understanding thus many cases which were initially prosecuted under the TIP Law are changed into other criminal acts and are even set free. Success Factors According to the respondent, the success factor is investigators' relatively good ability which is supported by high motivation to uncover TIP cases despite limited budget. 5) Mutia Teny (F) – Bandung District Police • She is still in the same position as when she attended the training (head of the women & child protection unit). • There were no TIP cases handled from 2016 to 2018. In 2017, there is one potential case but the report was revoked by the victim's family. • The training on reactive investigation is the first TIP training attended by the respondent • She has not been able to apply all knowledge and skills developed from the training on reactive investigation. The respondent still remembers victim interview technique material. There were no TIP cases handled by Bandung District Police due to the following reasons: o The crime scene is located in big cities such as Bandung, Jakarta City, or overseas thus there is no reporting to Bandung District Police related to TIP (it has been handled by the District Police of the destination area). o Due to the lack of knowledge about TIP, the respondent admits that before attending the training her way of seeing TIP is different, as she thought that TIP only occurs in the scope Page 12 of 27 of prostitution. For example, before the training, the respondent received a report on 40 Indonesian migrant workers who have departed illegally and some of them have even passed away due to torture and illness. The respondent apprehended the sponsor who sent them – and then, the sponsor apologized to the victims and was willing to pay damages. Thereafter, the respondent considered that the issue is solved, but in fact, after the respondent attended the meeting, she realized that it constitutes one of the forms of TIP. Up until now if there is a case concerning Indonesian migrant workers, investigators direct it to the Manpower Law. Although there is no TIP case handled by Bandung District Police, there are some knowledge or techniques which are still relevant for use in other criminal cases handled by the WCPU unit and have been applied by the respondent – among others interview techniques. When doing interviews, the respondent now considers the sitting position both of investigators and victims. After the training, the respondent realized that victims in fact may not want to sit with their back to the door. Before, it was thought that when victims sit facing the door, they will be disturbed by passing people. In addition, she also become more confident in visiting villages in Bandung District area together with the Regent to give direction or dissemination about the hazard of TIP. After returning from the training, she has instructed investigators in the unit to first look into the elements of TIP if there are cases of Indonesian migrant workers. However, so far, there is no significant development. Results of application of knowledge and skills: As a result, victims become more open and feel comfortable. There is an example in which a victim whose case has been completed often visits the WCPU unit only for consultation or an informal chat. It indicates that victims feel more comfortable and there is an increase in public trust in police. Challenges identified The main challenges faced by the respondent are: a. Lack of information in the community on TIP, thus there are still many Bandung District residents who become Indonesian migrant workers illegally. In addition, reports from residents/victims to the police on TIP are low. b. Limited knowledge of investigators including the respondent as the head of the WCPU unit about TIP, thus many cases which should have met the elements of TIP were directed to manpower cases. c. In addition, other criminal justice actors (prosecutors & Judges) also have extremely limited understanding. Success Factors The application of such knowledge is based on willingness. As new knowledge, the respondent mentioned that she wants to apply this knowledge to TIP cases. Now, the respondent can share her thoughts with the other heads of WCPU unit in other District Police or with Provincial Police. Page 13 of 27 6) Nenden Nurpatimah (F) – Subang District Police • She is still in the same position as when she attended the training (head of the women & child protection unit). • In 2016, before the training, she handled 2 TIP cases. In 2017, after the training, she also handled 2 TIP cases, and in 2018, there is one case which is still in the investigation stage. The three cases in 2017 & 2018 are sexual exploitation cases. • Training content which are remembered by the respondent include interview techniques and understanding about the importance of cross-sectoral coordination. The respondent said that interview techniques is more often applied in handling TIP cases. It is also supported by the change of lay-out of the special service room to become tidier, brighter, and more comfortable. The respondent reported that she and her investigators currently are able to collect information from victims more easily in TIP cases. Most victims do not regard themselves as victims, thus investigators must give better understanding by explaining in detail the process and fulfillment elements of TIP to victims and they eventually realize that they are the victims. One example in 2018, initially, one of the victim's parents made a police report on his child who was taken to Bali for work, but in fact, the job is not in accordance with the initial promise. Therefore, Subang District Police coordinated with West Java Provincial Police to pick up the victim in Bali. In Bali, another 5 women from Subang were found working at the place of entertainment so law enforcement took the initiative to save the other 5 women including the victim to be returned to Subang. In this stage, the other 5 victims did not regard themselves as victims and even considered the perpetrators as heroes who gave them work and blamed the reporting victim, because of her parent's report, all of them lost their job. However, due to the humanitarian approach of investigators in the unit and the provision of explanations and inputs, they were eventually willing to become victim witnesses. The difference felt by the respondent between before and after attending the training is that the respondent was more capable to uncover TIP cases using the knowledge she developed in the training. Principally, the respondent does not hesitate to make examination and investigation of TIP cases. Results of application of knowledge and skills: As a result of application of this knowledge, victims who initially did not want to be victim witnesses became willing to cooperate with the police to uncover the TIP case they experienced. If previously, many investigators were hesitant to apply the TIP Law, they are now able to identify TIP victims by analyzing the elements of TIP. Challenges identified In Subang, the greatest challenge faced by investigators all this time is lack of budget and nonworking trafficking task force, in addition to uncooperative victims (not regarding themselves as victims) thus in the end, Subang District Police must ask the assistance of other District Police or West Java Provincial Police like in the example case above. Page 14 of 27 Success Factors Willingness and desire of the respondent and investigators in the WCPU unit to eradicate TIP constitute success factors. 7) Mugiono (M) – Cimahi District Police • • • • He is still in the same position as when he attended the training (head of the women & child protection unit). After the training, there was one TIP case handled by Cimahi District Police, namely sexual exploitation case involving 1 perpetrator and 3 female victims. At the moment, the case is in the stage of prosecution. Some training content remembered by the respondent includes reactive investigation procedure or stages starting from receiving complaints or reports, apprehension technique such as in the shown video, application of articles, and TIP case study in the fishery industry. Interview technique is the learned technique most often applied by the respondent. The examples of TIP case handling discussed in the training serve as reference for the respondent, such as a case in Thailand which was shown during the training – the video showed how the police conducted apprehension and victim rescue. Another example made as reference by the respondent is TIP case study in the fishery industry in Benjina discussed in the training. The technique often used by the respondent both when handling TIP cases and other cases handled by the WCPU unit of Cimahi District Police is interview technique. When handling a case, the respondent reports, “I divide the teams each of which has different roles and duties and prepare female police officers to interview victims because the victims are women. In addition, I make case presentations by bringing together all teams to evaluate handling process and in the end, we decide on the articles to be used to prosecute perpetrators.” Specifically, the implemented procedure when interviewing victims follows the simulation made in the training. The interview process is usually implemented face-to-face between investigators and perpetrators as well as victims. Now, the respondent and his investigators arrange the chairs side-by-side. Results of application of knowledge and skills: As a result of application of the technique, interview process becomes easier, because victims feel more comfortable unlike being interrogated. By using such techniques, the respondent believes victims become more honest in giving information. In addition, the process becomes faster as usually, an interview process takes 5 to 7 hours. By such technique, interviews can be done within 2.5 hours. Page 15 of 27 Challenges identified Investigators' capacity is greatly tested in handling TIP cases because many investigators have not understood about the TIP Law especially analysis of the elements of TIP. Another challenge is eliciting information from victim witnesses because most victims do not regard themselves as victims. The other challenge in handling TIP cases is difficulty in apprehending the main perpetrators because TIP is an organized crime and sometimes, there are many “powerful” players in the background. Therefore, in many TIP cases, only perpetrators in the field are successfully apprehended. Success Factors The main success factors are investigators' hard work and cooperation’. 8) Iwa Mashadi (M) – Cirebon District Police • • • • He is still in the same position as when he attended the training (head of the women & child protection unit). In 2016, there were 2 TIP cases investigated by Cirebon District Police. 1 case in which the elements of TIP were not proven was only subject to the Manpower Law for irregular Indonesian migrant workers. The elements of TIP of the other case were proven thus judges decided on it using the TIP Law. In 2017, there are two potential TIP cases but until now, they are still in the investigation stage because the victims are still overseas so investigators have difficulty in interviewing them. Some training content remembered by the respondent includes reactive investigation procedure or stages starting from receiving complaints or reports, apprehension technique such as in the shown video, application of articles, and TIP case study in the fishery industry. Other material which is still remembered by the respondent include investigation technique and evidence collection including among others interview technique. The investigation technique referred to by the respondent is methods for handling victims starting from victim rescue operations to interviews with victims using victim centred techniques, making it easier to elicit information from them especially when asking them to recall their experience. In detail, the respondent said that in an interview process, investigators prepare a special room for victims to secure their privacy and comfort. In addition, if the victims are women and children, the WCPU unit of Cirebon District Police will assign female investigators to interview them. In relation to application of knowledge and skills developed from the training on reactive investigation, they can be applied not only to TIP cases but other cases involving women and children. Page 16 of 27 Results of application of knowledge and skills: The results or impacts which can be seen from the application of knowledge and skills are ease in obtaining information from victims because they feel protected and served. Before the training, the respondent still used conventional methods whereby an interview process is implemented like an interrogation and can be seen by other investigators (no special room is provided) although there is a regulation of the Chief of the National Police of the Republic of Indonesia which requires all WCPU units in District Police to provide a special room if the victims are women and children. Challenges identified Limited special rooms in Cirebon District Police – is the greatest challenge because victims mostly come together and the respondent sometimes also uses the room of the head of the WCPU unit as a place for interview. Success Factors The respondent believes that the knowledge developed in the training is very important and has high value, thus the respondent as the head of unit shares such knowledge with investigators in the unit led by him. On the other hand, the respondent also believes that investigators' motivation in handling WCPU cases including TIP constitutes another affecting factor. 9) Frida Hidayanti (F) – Bogor City Police • She is still in the same position as when she attended the training (head of the women & child protection unit). • There is only one case in 2017, namely a forced labor case, in which the victims are made to do washing labors and which is currently in the hearing process. There is no TIP case in 2016, and there is no case in 2018. • Training content remembered by the respondent is interview technique. So far, the respondent can only apply the interview technique developed in the training. According to the respondent, this technique is most relevant to other cases handled by the WCPU unit. Due to lack of TIP cases handled by Bogor City Police, her knowledge cannot be applied thoroughly. When doing interview, the WCPU unit of Bogor City Police does the same as simulated in the training in which victims are accompanied by 2 investigators, one of whom is assigned to question the victims while the other one records the results. Nevertheless, such mechanism is not implemented in every case and is only situational by considering the need. The potential for TIP cases in Bogor City Police is very high both as recipient and sender area but so far, very few reports from the public related to TIP are submitted to Bogor City Police. The potential for TIP case in the jurisdiction of Bogor City Police is mainly sexual exploitation. In addition, it constitutes a new knowledge for the respondent because she has never received any training on TIP. Page 17 of 27 Results of application of knowledge and skills: Differences between before and after the application of the knowledge are: o Since there are two investigators, questions become more developed, and interview process is designed like a discussion between investigators and victims; o Victims become more comfortable because they are treated properly by placing them in a special room and arranging proper lay-out – placing victims next to the exit. o Instructions from prosecutors, or rejected files by Prosecutors (P.19) become less because in relation to the previous point, questions from investigators become more deep and detailed. o Complaint from the public is minimized, because the previous method for collecting information from victims is like interrogation rather than interview, leading to complaints that the investigators are fierce and snap at the victims. The respondant believes that the police's image improves now. Challenges identified There are some challenges faced by the respondent in applying the knowledge such as: o Limited investigators in the WCPU unit of Bogor City Police, thus sometimes it is impossible to do interviews involving two investigators. o The WCPU unit does not specifically handle TIP but also many other criminal cases and are sometimes seconded for non-investigative activities. o There are no “big fish” caught thus financial investigation process cannot be applied. o There are prosecutors who have not understood about TIP, thus they do not feel confident when prosecuting under the TIP Law. Success Factors Considering the lack of TIP cases handled by Bogor City Police, it is difficult to identify the success in handling TIP cases. However, as said by the respondent, some knowledge and skills developed in the training are still relevant to the handling of other cases. In connection with it, the respondent said that investigators' ability improves in relation to the criminal act under their investigation. In addition, specifically related to interview with victims, the condition of special service room (lay out) constitutes one of the factors which support success. 10) Irrine Kania Defi (F) – Bogor District Police (Prev. Bandung Metropolitan Police) • She is still in the same position as the Head of the women & child protection unit but in a different area, and was transferred at the beginning of 2018. • When serving as the head of the WCPU unit of Bandung Metropolitan Police, there is one TIP case handled (sexual exploitation) with one female victim. Meanwhile, since serving in Bogor District Police in 2018, there are 3 TIP cases handled, namely two sexual exploitation cases and one forced labor case (involving children). • Training content remembered by the respondent includes interview technique, restitution, and Elements of TIP. Page 18 of 27 In relation to the understanding of elements of TIP, the respondent currently understands that by law, not all elements must be fulfilled and only some or one of the elements must be fulfilled for prosecution under the TIP Law. All this time, the respondent says that she only prosecutes perpetrators under article 259 (pimping) with the maximum punishment of 6 months. Therefore, after the training, the respondent always tries to look into the elements of TIP every time there are sexual exploitation cases. After the training, the respondent says that she changes room lay-out thus it can accommodate investigators' needs when interviewing victims, so that they become more comfortable and relaxed when giving information. Results of application of knowledge and skills: As a result of the application of knowledge, investigators in Bogor District Police are no longer confused or hesitant to apply TIP article. In addition, victims become more open in giving information because the respondent instructs her investigators to do interview with victims in a friendlier manner and not to use an interrogative method anymore. Case handling also becomes fast because sexual exploitation victims usually feel ashamed to speak honestly or even afraid of being honest that they are employed as prostitutes by perpetrators. Challenges identified Some of the challenges for the respondent both when serving as the head of the WCPU unit in Bandung Metropolitan Police and now in Bogor District Police are: o There is still a difference in understanding from Prosecutors, thus the process of file transfer to Prosecutors takes a long time with many instructions and evidence which must be collected by investigators. o In relation to restitution, so far, many investigators are still hesitant to determine the amount of restitution due to investigators' limited understanding about it (the respondent recently knows that LPSK may play a role in such an issue following explanation). Investigators are also concerned that the restitution is not fulfilled thus victims will claim or blame them in the end. It is also caused by lack of information or dissemination of the role and duties of LPSK in calculating the appropriate and adequate amount of restitution for victims of all criminal acts (not only TIP). Success Factors Improved understanding of the respondent and investigators especially in applying TIP articles with the ability to analyze the elements of TIP constitutes the main factor which support success in handling cases. Subsequently, the interview process which follows the techniques taught in the training also greatly helps because by the application of such techniques, victims can be convinced and are willing to speak honestly in a simple manner. Page 19 of 27 11) Asep Sodikin (M) – Cianjur District Police • He is still in the same position as when he attended the training (head of the women & child protection unit). • Cianjur District Police has handled 23 cases from 2016 to 2018, namely 5 cases in 2016, 15 cases in 2016, and 3 cases in 2018. In addition, 80% of the cases are sexual exploitation cases found by investigators through a pro-active technique. Cianjur District Police is a District Police which has the highest number of cases handled out of all District Police in the area of West Java Provincial Police. • Training content remembered by the respondent includes financial investigation and case handling technique. Nevertheless, financial investigation cannot be applied to date. The case handling technique referred to by the respondent is understanding or knowledge developed by the respondent in relation to new methods of TIP perpetrators as well as method for coordination with higher ranks such as Provincial Police or Headquarter of the National Police of the Republic of Indonesia for cases of transnational dimension, or with international institutions such as IOM for victim repatriation from overseas. The respondent says that theoretically, he has forgotten the discussed materials, but almost all of the knowledge and skills developed from the training have been applied starting from apprehension process, risk analysis, filing to coordination. In addition, investigators in Cianjur District Police are often trained by AAPTIP to improve their capacity and attend meetings which also involve prosecutors and judges. However, this is the first time the respondent attended training on TIP. Results of application of knowledge and skills: The results which may be seen from the application of knowledge and skills developed from the training convened by AAPTIP. Out of 15 TIP cases handled by Cianjur District Police in 2017, all of them have been in the prosecution stage. Statistically, the number of TIP cases handled in Cianjur has increased. Challenges identified Although Cianjur District Police constitutes a District Police which is relatively experienced in handling TIP cases, according to the respondent, there are some obstacles or challenges faced by investigators especially in applying financial investigation. Investigators have conducted financial investigation of perpetrators in regions but since they are only field recruiters, investigators do not obtain any results, because to date, investigators have not been able to apprehend any main perpetrators as this network involves foreign citizens living outside Indonesia. Another obstacle is the lack of public awareness to report to the police, thus Cianjur District Police tries to conduct pro-active investigation. Success Factors In addition to investigators' considerable ability in TIP, leaders' attention also constitutes one of the success factors in eradicating TIP in the area of Cianjur District Police. In addition, proper coordination among government agencies in Cianjur constitutes the main success factor of TIP case handling, so far, there is no issue of coordination among the police, Page 20 of 27 Prosecutor's Office, and P2TP2A including in picking up victims where P2TP2A prepares budget which also involves investigators and prosecutors. 12) Wa Ode Pryati Halma (F) – West Java Provincial Police • She is still in the same position as when she attended the training (investigator of the anti-human trafficking unit – Child and Women Violence Sub-Directorate of West Java Provincial Police). • In 2016, West Java Provincial Police has managed to handle 13 TIP cases with the number of victims of 33 people, while in 2017 the same number of cases involves 67 victims. • The training content remembered by the respondent includes interview technique and it has been applied to TIP cases in West Java not only by the respondent, but also by other investigators in the unit. AAPTIP has trained all investigators in this unit and the respondent is the last investigator who attended the training. The training on reactive investigation is the first TIP training attended by the respondent for almost a year serving in the TIP unit of West Java Provincial Police. Before attending the training, the respondent had handled TIP cases in West Java Provincial Police. However, before the training, the respondent only read the TIP Law, while after attending the training, the respondent learned that there are many types of TIP including Indonesian migrant workers overseas who are prone to human trafficking. Interview techniques is one of the skills applied out of a number of techniques taught in the training. After the training, the respondent sets the room for interview including arranging sitting position which makes victims comfortable and not doing interview face-to-face (sitting side-by-side instead) to avoid direct eye contact when doing interview. The respondent is usually assigned to interview female victims one-on-one because according to the respondent, too many investigators will make victims feel afraid or uncomfortable. Interviews are done in the counselling room. Meanwhile, financial investigation has never been conducted so far unless there is an instruction to conduct TPPU investigation. Results of application of knowledge and skills: The respondent feels that there is no extremely significant result from the application of knowledge. After the training, unit leaders gave targets to investigators to uncover TIP cases related to Indonesian migrant workers or forced labor, especially transnational cases. So far, there are some TIP cases overseas investigated by West Java Provincial Police but they have never resulted in the apprehension of the main perpetrators or “big fish”. Challenges identified Lack of investigators in the unit constitutes the main challenge. In addition, the unit also investigates cases other than TIP cases such as sexual abuse and others. In relation to TIP cases overseas, the main challenges are limited funds of West Java Provincial Police to be able to pursue information from victim witnesses overseas and investigators' difficulty to be Page 21 of 27 able to apprehend perpetrators located in an offshore setting. In addition, the broad jurisdiction of West Java Provincial Police also constitutes a challenge in its own right. Success Factors Attention from leaders (heads of unit and Heads of Sub-directorate) to the issue of TIP eradication in West Java area constitutes the main success factor. On the other hand, AAPTIP presence also gives a positive influence or change for investigators especially in terms of improvement in their capacity and knowledge. D. Conclusions Interview techniques was the most useful and memorable subject in the Reactive training course for the respondents of this tracer study. This may be because the majority of respondents were women and female police are commonly responsible for interviewing female victims of trafficking. Because the majority of TIP cases handled outside of HQ concern sexual exploitation, the majority of victims are female. TIP is not the highest priority for the units, which also handle other crimes. There are limited human and other resources available to effectively investigate TIP cases. The number of actual and potential cases handled by most of the units is very low. The public do not report, victims do not consider themselves as victims, many criminal justice officials still consider labour exploitation to be a non-criminal offence. However, motivation and team work, as well as leadership were considered to be success factors. There were more TIP cases handled in the areas that AAPTIP has done training although there is no clear evidence of a causal link between training and number of cases. This tracer study activity can answer the indicators which AAPTIP have, namely as follows: • 92% of Training Participants (M:4, F:7) sampled were able to provide credible examples of their use of new knowledge and skills, although only some was on TIP cases. This means that the proportion of the total participants of the Reactive Training course (31) that can demonstrate application of new skills and knowledge is at least 35%. • There were a number of Success cases where trainees (LE) have used new/enhanced knowledge and skills which led to more cooperative victim/witnesses, leading to better case files and quicker case processing. Page 22 of 27 Annex one – Result of training evaluation Page 23 of 27 Annex two - Result of Pre- and Post-Test Page 24 of 27 Annex three - Respondent profile and data collection phases The total actual respondents who were able to be involved in this study is 12 persons as respondents with the details as follows: 1 male investigator from the Anti-Human Trafficking taskforce of Bareskrim Mabes POLRI, 1 female investigator from the West Java Provincial Police, 1 male investigator from Cianjur District Police, 1 male investigator from Sukabumi District Police, 1 female investigator from Karawang District Police, 1 male investigator from Cirebon District Police, 1 female investigator from Bogor District Police, 1 male investigator from Cimahi/Bandung Barat District Police, 1 Female investigator from Subang District Police, 1 female investigator from Bogor city police, 1 female investigator from Indramayu police, and 1 female investigator from bandung District Police, as shown in table below. Region Trafficking Task Force of Mabes POLRI West Java Provincial Police Karawang District Police Cianjur District Police Sukabumi District Police Cirebon District Police Bandung District Police Subang District Police Bogor District Police/ Bandung Major City District Police Bogor City Police Indramayu District Police Cimahi District Police TOTAL RESPONDENTS Respondent Candidate Male Female 1 1 1 1 1 1 1 1 1 1 5 1 1 7 Actual Respondent Male Female 1 1 1 1 1 1 1 1 1 1 5 1 1 7 Table 2 – Distribution of comparison of respondents Page 25 of 27 Male Female 7 7 5 5 RESPONDENT CANDIDATE ACTUAL RESPONDENT Chart 2 – Respondents Candidate Vs Actual Respondents The data collection process is conducted in two phases as follows: Date Mon, 9 April 2018 Tue, 10 April 2018 Wed, 11 April 2018 Thur, 12 April 2018 Fri, 13 April 2018 Location Cirebon District Police Indramayu District Police Subang District Police Bandung District Police West Java Provincial Police Cimahi District Police Cianjur District Police Sukabumi District Police Respondent Name • Iwa Mashadi • Indri Hapsari • Nenden Nurpatima • Mutia Teni • Wa Ode Pryti Halma • Mugiono • Asep Sodikin • Muhlisin Table 3 – First Phase of Data Collection Date Tue, 17 April 2018 Wed, 18 April 2018 Thur, 19 April 2018 Location TIP Taskforce CID HQ Bogor City Police Bogor District Police Karawang District Police Respondent Name • Abraham Boang Manalu • Frida Hidayati • Irrine Kania Defi • Herwit Yunita Table 4 – Second Phase of Data Collection Page 26 of 27 Annex four - Guideline Question CURRENT SITUATION 1. Are you in the same position as you were during Reactive Investigation Training? Yes / no (if no, where are you now?) How many TIP cases did you handle in 2017? What is status of those cases? How many of them are forced labour cases? How many victim (M/F) involved and how many offender (M/F)? How many cases did you handle in previous years? (increase? Decrease? Same?) Is there a difference in the proportion of forced labour cases from 2017 compared to previous years? If yes, why is that? 2. 3. 4. 5. 6. 7. APPLICATION OF KNOWLEDGE AND SKILLS 8. 9. 10. 11. 12. 13. 14. 15. Thinking about the reactive investigation skills course you did in May 2017 what do you remember most about the content of that training? To what extent have you able to apply or implement any Reactive Investigation Skills and knowledge that you learned in the training? Which skills and knowledge were used the most? Can you give me some specific examples? What difference did using that skill make to the case or to your work? What were the success factors for you being able to use that skill? What would you have done differently or what would have happened in that case or in your work BEFORE the training? Which skills / knowledge were not so useful and why? What were the barriers? Page 27 of 27 STORY TITLE : Work Location : Sukabumi Project # : P4 – Management and supervision of TIP investigations, including financial Investigations Outcome : More male and female TIP Investigators know their job rigadir Fajar has been working as police officer for approximately 10 years in Sukabumi district police office including 5 years as investigator in women and children protection unit. In that time he handled five TIP cases including 4 sexual exploitation cases and 1 forced labor case. One case following the AAPTIP training involved women from Sukabumi who were sent to Kalimantan for sexual exploitation purposes and the perpetrator was decided guilty and sentenced for 6 years. The best thing in terms of using the knowledge from the training was that the case ran quickly and effectively because of the trust built with the victim/witnesses through using victim sensitive interview techniques. Around June he was transferred to the other unit (property crime unit) but he still provides input to TIP investigations when required. In his current unit, he still able to use the knowledge and/or techniques learned at the AAPTIP training, for example in other cases involving vulnerable witnesses. In addition, the knowledge from the financial investigation training has been particularly relevant in his new position because most of property crime are likely to involve assets that are proceeds of crime and with new knowledge he was able to develop an investigation plan to trace the suspect’s assets in one case. In addition to sharing the knowledge in informal ways, such as distributing the training material/handout and discussions with other investigators, he also shared his knowledge through formal ways, presenting specifically on how to do interviews with children and/or women victim and witnesses for approximately 35 police officers from sub-district level of police office in a 45 minute session. Brigadier Fajar said that he now feels confident to be a facilitator for TIP training/workshop for subdistrict police officers if he has an opportunity in future. STORY TITLE Work Location Project # OUTCOME : : Multiple countries : P5 – Transnational Cooperation Between Indonesia & Malaysia : Targeted Transnational investigations are managed better by LE in both countries enjina is a sub-district in the Aru district of Maluku province in Indonesia. On March 2015 more than 500 fishermans mostly from Myanmar were identified as Trafficking victims who were trafficked by the Indonesian company PT Pusaka Benjina Resources and a Thai company called Silver Sea. AAPTIP funded one Myanmar investigator to travel along with two others (funded by Myanmar Government) to Benjina to interview the victims. During this process, the Indonesian AAPTIP country office also encouraged Indonesia National Police through the Anti Trafficking Unit to actively investigate the cases. The Chief of Indonesian National Police also giving an attention to this publicinterest case as mentioned by Langgeng – Senior investigator of INP ATU “the highest commander sent an instruction letter to the unit to investigate this case because this is social-human disaster”1. To engage three countries involved in this cases AAPTIP supported a multilateral meeting between Indonesia Myanmar and Thailand to assist with investigation of this crime. The first meeting occurred in Pattaya, Thailand on 4 June – 5 June 2015 involving 46 people (Male 36; Female 10) from three countries. Indonesian delegates sought verification from Myanmar delegates of the names of victims to be interview by Indonesian Investigators of whom 23 were determined to be victims of trafficking. In a second meeting in Bali, Indonesia on Oct 21 – Oct 22, 2016, Cambodian delegates also attended (overall 51 people Male 44; Female 7). In this meeting LPSK (National Victims and “AAPTIP helped us (LPSK) to coordinate with Witnesses Protection the government of Myanmar especially in the Agency) asked the process of presenting the victims in Myanmar Myanmar government to prepare the 23 Myanmar to Interview” – Edwin Partogi (Deputy Chief of victims along with legal documents in Naw Pyi Daw for National Victim and witnesses Protection interview by LPSK for calculate the restitution2 amount, Agency) which was provided to 11 victims in late November 2016. 1 2 Interview by AAPTIP NMEIO Under Indonesia Trafficking law no 21 year 2007, Indonesia recognize restitution not compensation The third multilateral meeting on the fishing industry occurred from March 10 – March 11, 2016 in Siem Riep, Cambodia attended by 46 people (Male 42; Female 4). In this meeting the Indonesian delegation updated the meeting delegates on the court case being heard concurrently in Tual court in Maluku province. Thailand and Indonesia discussed other fishery cases in the West Kalimantan sea where several Thai Flag boats were seized by Indonesia Ministry of fishery and marine. On March 10, 2016 judges of Tual court in Maluku convicted 8 people (5 Thai and 3 Indonesian) under the Indonesia Trafficking law and sentenced those people to 3 years’ jail and a fine of IDR 160 million. Restitution was ordered for 13 Myanmar fisherman victims of a total of IDR 773 million. This was handed over in late 2016 in Nay Pyi Taw. “AAPTIP initiated the multilateral meeting inviting three countries involved in this case (Fishery Industry), and through this meeting each country could express their concern” - Nana Riana (Terrorism and cross-border crime task force of Indonesia Attorney General’s Office) Australia – Asia Program to Combat Trafficking in Persons (AAPTIP) Page 2 STORY TITLE Work Location Project # OUTCOME : : Bandung for 1st Meeting & Penang for 2nd Meeting : P5 – Transnational Cooperation Between Indonesia & Malaysia : Targeted Transnational investigations are managed better by LE in both countries ilateral meetings between Indonesian National Police and Malaysian Diraja Police have been held twice. The first meeting took place in December 2016 in Bandung where both parties focused on introduction and discussion of cases involving Indonesians in Malaysia. The second meeting in March 2017 in Penang focused more on discussing progress that had been made on investigations of the cases elaborated in the first meeting. Some of the cases progressed well and both parties enjoy the benefits of informal communication through What’s App group. Representatives of both countries evaluated the progress and updated the Case Progress Monitoring (CPM) sheets. However, these activities have not achieved the expected outcomes in terms of successful investigations and rescues but Indonesian and Malaysian police are now communicating frequently through the What’s App group created during the first meeting. Technology advancement such as this offers a great help to both parties to respond immediately whenever needs arise. Royal Malaysian Police have responded to three out of five cases discussed in the first meeting in a timely manner as communication utilizing this application is taking place. “What’s App proves to be beneficial to us. We can share information with PDRM quickly and every group member is well informed. I have to acknowledge Mazley’s fast response to any inquiries we make through the group. This is a medium that is useful for our informal communication while we are undertaking the formal process” – AKBP Julianto P Sirait, POLRI Overall, these first bilateral meetings between Indonesia and Malaysia are working and making some impact. Both parties are willing to open up toward building communication and sharing information through this media. STORY TITLE : Work Location : West Java Provincial Police (POLDA) PROJECT : P4 - Management and supervision of TIP investigations, including financial Investigations OUTCOME : More male and female TIP Investigators know their job midst her busy work as the Head of Anti-Trafficking Unit of West Java Police, Police Commissioner Euis took part in some of AAPTIP’s activities such as Multi-Agency Workshop, Financial Investigation Training, and is a member of Financial Investigation Technical Working Group. Having participated in AAPTIP activities brings improvements to Police Commissioner Euis, namely in how she perceives and takes actions on the basis of knowledge she has acquired and from which she gained “ I was more confident when assigned as trainer more confidence. In other words, AAPTIP in Anti-Trafficking training last April. It is because has successfully I have solid understanding and knowledge from motivated her. AAPTIP provides my interactions with AAPTIP staff and in their her with new insights and perspectives activities” – POLICE COMMISSIONER EUIS concerning financial investigation as an element of trafficking cases that she never thought of before. To reinforce such developments, she was assigned as a trainer in a training held on 15th to 22nd of April, 2017, at National Police School in Cisarua, Bogor, where she had to “ I adopt a lot of AAPTIP materials, such as trafficking deliver subjects to 25 participants elements, investigation technique, how to treat victims, and consisting of investigators from subsome financial investigation issues. Participants were new district and district police offices investigators. I also adopt AAPTIP methods, including study under West Java Police territory. The case discussions and evaluation. The evaluation informs me objective of this training is to train that participants were able to learn from the materials” – sub-district and district police officers POLICE COMMISSIONER EUIS in trafficking cases investigation. These excellent improvements are not hers alone. Police Commissioner Euis gladly informs that whenever her staff are discussing a case, they always relate the topics to what they have learned from AAPTIP trainings. (Almost all Anti-Trafficking Unit officers of West Java Police have received training(s) from AAPTIP). “ In my observation, my staff will state their opinion by saying “AAPTIP taught us to do like this or to do like that ” – POLICE COMMISSIONER EUIS STORY TITLE Work Location Project # OUTCOMES : : Indonesia (National and West Java) : P4 - Management and supervision of TIP investigations, including financial Investigations : ATU leaders supervise their teams more effectively : More male and female TIP Investigators know their job APTIP organized a training for all commanders (ATU Commander Training) in Bandung at the beginning of November 2016 with an objective to build Indonesian Police officers, namely Heads of Criminal Intelligence Units, capacity in trafficking case management. At the end of the training, each participant wrote a list of action plans to be implemented in their respective area. Some training participants admitted that training for commanders is a new activity to them. It may not be new to Superintendent Julianto P Sirait and Superintendent Ade Mulyana but the knowledge they learned from it motivates and improves their work. As the Head of the AntiTrafficking Unit of Indonesian National Police, acquiring managerial competency is a must. It is foremost in the case handling process to develop an investigation strategy and appoint investigators. SWOT analysis learned from the training is most useful to determine priority steps. Another skill learned is Risk Assessment. Superintendent Julianto admits that at the beginning of an investigation he will conduct risk analysis along with the investigators. “SWOT analysis is needed when we have to decide whether we will conduct a reactive or proactive investigation. Decision will be made on the basis of the analysis. Proactive investigation requires strong risk analysis beforehand” – AKBP Julianto, POLRI Superintendent Ade Mulyana reports that he has completed “ Strategic and Action Plan drafts which I proposed were inspired from knowledge and skills I learned in AAPTIP training. I did a draft strategic plan problem mapping and expanded it into an action plan” – AKBP Ade developed for his directorate, Mulyana, POLRI along with an action plan. He acknowledges that the ATU Commander training has improved his knowledge and coordination with other institutions in developing strategic and action plans. The training taught him new insights related to eradication and prevention of trafficking. On the other hand, his staff mention that Superintendent Ade Mulyana has set up a target for investigators to solve trafficking cases reported to West Java Provincial Police. Significant improvements have taken place at Cianjur Resort Police where First Police Inspector AW Nasution, the Head of Operational Division, formed a Trafficking Specialist Investigator Unit under the Women and Children Protection Division. He admits the challenges to retain this unit due to fact that investigators may be transferred to other units or districts. However, this is one of their efforts to address to trafficking victims’ needs. “ Right after I returned from the training I coordinated with Head of Crime Intelligence Unit as my superior to appoint some officers that will be in charge of trafficking cases whenever” – IPTU AW Nasution, POLRI These three examples showcase how AAPTIP trainings bring positive impacts although the outcome might have not affected wide range of people. STORY TITLE : Trained prosecutor encourages investigator to do financial investigation on TIP Cases Work Location : Cianjur Project # : P4 – Management and supervision of TIP investigations, including financial Investigations Outcome : More male and female TIP Investigators know their job ummary: Following AAPTIP financial investigation training an Indonesian Prosecutor, for the first time, sent a case file back to the investigator asking him to “follow the money” and do some financial investigation of a TIP case. Agatha C Wange is a Prosecutor of the Cianjur District Prosecutor Office who has prosecuted many TIP cases, particularly in the Cianjur Area. This is why she has been invited by AAPTIP to participate in AAPTIP events where the involvement of prosecutors is important. One of these events was the Financial Investigation Workshop (Under Project 4 in the AAPTIP workplan) held in Bogor on 29 February – 3 March 2016. On 31 August 2016 AAPTIP conducted a Tracer study of the participants of the Financial Investigations (FI) Training course, including the Cianjur District Police Office, looking in particular at evidence of promising practice change. One of the informants of the Tracer Study was an investigator from this office. The interview process revealed much more than practice change on the part of the investigator, it provided credible evidence that the FI training had changed another participant – The prosecutor of a case that the law enforcement informant was investigating. It was revealed that Prosecutor Wange had returned a case file to the investigator with an instruction to complete the file with financial investigation evidence (as learned at the training). On 29 October 2016 AAPTIP had an opportunity to interview Prosecutor Wange in her office (Cianjur District Prosecutor Office) to clarify the findings from the interview with the investigator. Prosecutor Wange explained that on 9 August 2016 the Cianjur investigator sent the TIP case file to her. The file revealed that 20 million rupiah was transferred to the accused, and according to that piece of evidence, she remembered the content of the Financial Investigation workshop organized by AAPTIP which encouraged investigators to “follow the Money”, especially where it may lead to catching the “Big Fish”. This case was complex and involved a woman who had allegedly recruited underage girls to send to Malaysia and/or middle-east through Batam. In the beginning the investigators refused to do financial investigation because they did not have any confidence that the investigation would reveal anything other than small amounts of crime money, but Prosecutor Wange insisted that the investigators do a financial investigation and at least put effort in to digging into the possibility of there being some money laundering on this case. Prosecutor Wange admitted during her life as prosecutor this is the first time she has given an instruction to investigators to do a financial investigation on TIP cases. She also admitted that her participation in the FI workshop in Bogor on 29 February – 3 March 2016 had inspired her to encourage the TIP investigators to look at the financial elements of TIP cases and at least try to reveal higher networks so that the victim’s right to get restitution can be accommodated (which was a key message in the financial investigation workshop). The case is still being investigated but Prosecutor Wange is hopeful that with AAPTIP support, investigators can improve their capacity and confidence in financial investigations, especially in TIP cases. STORY TITLE : Work Location : Bandung Project # : P4 - Management and supervision of TIP investigations, including financial Investigations Outcome : More male and female TIP Investigators know their job he West Java provincial police office conducted a Seminar on Impoverishing Traffickers/Corporations involved in Trafficking in Persons using Law No.8 year 2010 regarding Countermeasure and Eradication of Money Laundering and invited 150 people from District Police office within West Java, academia, and NGOs. This event was initiated by Superintendent Ade Mulyana as Chief of subdirectorate IV Women and Children of West Java General Crime Directorate who participated in the Financial Investigation workshop held in Bogor on 29 February – 3 March 2016 organized by AAPTIP (under Project 4). One of the objectives of the training was for participants to increase dissemination of knowledge gained from the workshop to other officers in the workplace. According to the results of an interview with Superintendent Ade Mulyana, it was found that financial investigation in TIP cases is a new issue especially for West Java Provincial Police Office and perhaps for Indonesia National Police in general because so far only corruption cases had been considered suitable for financial investigation. As a “new issue”, Superintendent Ade Mulyana took the initiative to arrange the workshop to disseminate this knowledge that he learned in the financial investigation workshop to heads of units in the district police. He expected that the commanders at the district level would subsequently be able to instruct the investigators under their supervision to do financial investigations on TIP cases to catch the higher level of perpetrator. One of the challenges he faced was around the budget for this workshop, which at that time was outside the West Java Provincial Police Office budget. Superintendent Ade Mulyana then asked AAPTIP to fund this seminar event but unfortunately AAPTIP was unable to assist on this occasion, so undeterred, Superintendent Ade Mulyana proposed this event to the local government of West Java Province through several relevant government agencies and finally the local government agreed to fund 100% of this event. Outcomes that this success story reflect include “more male and female investigators know their jobs” made possible because of the Superintendent’s willingness to take forward learnings from the FI training, beyond what was expected. His efforts and success at sourcing funding for the workshop provides indications of sustainability and relevance. There is also a level of innovation revealed by this story – encouraging partners to explore new ideas and approach old problems with new strategies. 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