A STUDY ON IMMIGRATION COOPERATION BETWEEN INDONESIA AND TAIWAN

. Indonesia adheres to the One China Policy in its view of the relationship between China and Taiwan so that Indonesia doesn’t have diplomatic relation with Taiwan. However, this did not stop the cooperation between Indonesia and Taiwan due to the interdependence of interests between the two countries. Starting in the fields of trade and economy, followed by other fields such as agriculture and education, the movement of people between the two parties is increasing. This makes them feel the important need to also work together in meeting the needs of their citizens and it is an obligation for the government to provide facilities and protection for them abroad. By using the concept of international cooperation, this paper tries to discuss the cooperation in the field of immigration in facilitating the interests of the two countries in the form of a strategic and sectoral non-governmental organization of IETO and TETO. The agreement of immigration cooperation results in the matters that must be provided by the state to protect their respective citizens by technical frameworks and the method about how to achieve these goals in the implementation level. The agreement itself remains valid and the subject of international law bond between


INTRODUCTIONS
Currently, Indonesia does not officially recognize Taiwan as a country because it adopted the One China Policy. Indonesia has officially only recognized the People's Republic of China since 1950 (Suryakusuma, 2012). Although Indonesia and Taiwan do not have diplomatic relations, the cooperation between the two parties is progressing well, even showing a lot of progress in the fields of economy, trade, education and socio-cultural (Tempo, 2016).
Taiwan itself is now in eighth place for Foreign Direct Investment (FDI) in Indonesia. In fact, for the Asian region, Taiwan is among the three largest investors in Indonesia, after Singapore and Japan. However, unlike other FDI (Foreign Direct Investment), Indonesia's relationship with Taiwan is unique advancing in cooperation in the economic field, but hampered in the diplomatic field (TETO, 2016).
In the education sector, acording to statistical data from the Taiwan Ministry of Education, between the 2000-2014 period, Taiwan and Indonesia A Study On Immigration | 120 signed 221 Memorandums of Understanding on education cooperation between universities, indicating the increasing exchange of educational cooperation between the two parties in the field of education.
According to Indonesian immigration data, currently the number of Taiwanese businessmen and Taiwanese technicians working in Indonesia is around 10,000, the number of Taiwanese companies is more than 2,000. Taiwan's main exports to Indonesia are oil products, iron and steel products, textile raw materials, machine parts, chemicals and other products. The main imports from Indonesia are natural gas, coal, copper and gold alloys, wood and rubber and raw materials other. Taiwan's state oil company China National Petroleum Corporation (CNPC) and Indonesian state-owned company have signed a long-term contract for natural gas procurement (TETO, 2016). Although Taiwan is not on the membership list of the United Nations (UN), it is categorized as one of the tigers of Asia and is also part of the WTO (World Trade Organization).
In the human sector, Indonesia has the fourth largest population in the world and is one of the largest sending countries of migrant workers because of the low-education background and also the lack of decent work opportunities for people living in rural areas. Taiwan is one of the main destination countries for these migrant workers because it has a higher average minimum wage compared to other countries. Based on data from the Ministry of Labor, Taiwan in 2014 alone there were 229,491 people who worked as migrant workers in Taiwan. These number of Indonesia migrant workers in Taiwan ranks the second largest after those whom in Malaysia (KDEI. 2014).
It is the obligation of the Indonesian government to protect its citizens, both those who are at home and abroad, including migrant workers residing in Taiwan. This is in accordance with the mandate of the Preamble of the 1945 Constitution of Indonesia: "Subsequent thereto, to form a government of the state of Indonesia which shall protect all the people of Indonesia and all the independence and the land that has been struggled for, and to improve public welfare, to educate the life of the people and to participate towards the establishment of a world order based on freedom, perpetual peace and social justice" And the protection of Indonesian citizens who are abroad is carried out through diplomatic relations. This is based on the 1961 Vienna Convention on Diplomatic Relations (VCDR) which states that one of the five functions of a diplomatic mission is to protect the interests of the state and its citizens while abroad. Coupled also with the mandate of Law No.29 / 2004 on Placement and Protection of Indonesian Workers Abroad under the coordination of the Ministry of Foreign Affairs. Nonetheless its hampered by the absence of the diplomatic relation between them.
At present, the two parties have only semi-official relations because the official diplomatic relationship is on the One China Policy. Although Nondiplomatic relations between Indonesia and Taiwan have developed, especially in trade, agricultural tourism, and the economy (Pramesti, 2012). This form of relation is manifested as an institution called Indonesian Economic and Trade Office (IETO) in Taipei, Taiwan and TETO in Jakarta, Indonesia in 1989. Prior to these are a Chamber of Commerce in Jakarta as well as in Taipei in 1971. IETO itself is not connected with Indonesia Ministry of Foreign Affairs.
The status of IETO is a non-governmental organization that is economic in nature, but covers trade and immigration. IETO is also tasked with protecting the interests of Indonesian citizens who are domiciled in Taiwan, the majority of whom are workers and students (KDEI, 2020). Based on the relation sectors mentioned above, IETO in Taipei absorbs this function into their structure as Department of Manpower, Department of Trade and Department of Immigration (KDEI, 2014).
The immigration department at KDEI Taipei also has the responsibility in consular function such visa approval, passport and deportation. The last function was an interesting issue since Indonesia has special policy for Taiwan related to Taiwanese that are going to deport from Indonesia. Indonesia Immigration also gave a special treatment for those Taiwanese who wants to travel to Indonesia by giving them a visa exemption for 30 days.
Thus, this paper examines how immigration cooperation between Indonesia and Taiwan can be established without diplomatic relations, and how the immigration cooperation between Indonesia and Taiwan was formed.
This paper is delivering argument that the immigration cooperation that has been carried out between Indonesia and Taiwan so far remains valid and the subject of binding international law between the two countries and is equivalent to other international agreements at the level of an MoU, and also not harmed the One China Policy adopted by Indonesia to China.
Considering the lack of academic papers that analyse the form of the cooperation related to the immigration issue, this paper is a preliminary research on this particular topic. This paper will try to provide a clear description of the form of the immigration cooperation between Indonesia and Taiwan, and to find out what the interests, hopes, goals and views of both parties, Indonesia and Taiwan, on the relationship established in the signed agreement document.
In order to support and validate the argument, several interviews were conducted with key person of the Indonesian and Taiwan government officials in IETO and TETO, and the written signed agreements itself in year 2013, 2015, 2017, 2019.

METHOD
This study uses qualitative research methods using a document analysis research approach and interviews. This study analyzes the MOU conducted by IETO Taiwan and TETO Indonesia which was first conducted on May 20, 2013 in Bali Indonesia using the term Agreed Minutes. From the available documents, there are 4 Agreed Minutes until the last one on 7 August 2019 which took place in Yogyakarta Indonesia before the Covid-19 stop the annual meeting in 2020 until now. Other documents are those obtained through the collection of data and information obtained from scientific journals, books, newspapers, and internet sources that are officially issued related to the cooperation between IETO and TETO in the field of immigration. This interview technique uses information from A Study On Immigration | 122 the government officials from the two organization.

THE SHAPE OF THE COOPERATION.
International relations and international cooperation arise because of the different circumstances and needs of each country, while the capabilities and potentials that are possessed are also not the same. This makes a country need the capabilities to fulfill the necessity that exists in other countries. International cooperation will be very important so that it is necessary to maintain and hold an arrangement so that it runs in an orderly manner and its benefits can be maximized so that a sense of friendship and mutual understanding grows between countries with one another.
According to Kalevi Jaakko Holsti, international cooperation can be defined as follows (Holsti, 1988): A. The view that two or more interests, values, or goals meet each other and can produce something, be promoted or fulfilled by all parties at once.
B. The view or expectation of a country that the policies decided by other countries will help that country to achieve its interests and values.
C. Agreements or certain matters between two or more countries in the framework of taking advantage of a common interest or conflict of interest.
D. Official or unofficial rules regarding future transactions entered into to carry out the agreement.
E. Transactions between countries to fulfil their agreement.
In addition, Robert Keohane and Joseph Nye argued that relations between the Western countries were cast by Complex Interdependence. When there is a high degree of interdependence, countries will form international institutions to deal with common problems. Institutions promote cooperation across international borders by providing information and reducing costs. They can be a formal international organization or they can be a series of rather formal agreements dealing with common activities or issues (Jackson, et al, 2005).
In addition, international cooperation is not only carried out between countries individually, but also between countries that take shelter in international organizations or institutions. Regarding international cooperation, Koesnadi Kartasasmita said that international cooperation is a must as a result of interdependent relations and the increasing complexity of human life in the international community (Kartasasmita, 1977).
Kalevi Jaakko Holsti in his book International Politics, A Framework for Analysis also argues that: "International relations may refer to all forms of interaction between the members of separate societies, whether sponsored by the government or not, the study of international relations would include the analysis of foreign policies or political processes between the nations, however, with its interest in all facts of relations between distinct societies, it would include as well studies or international trade, transportation, communication and the development of international values and ethics." (Holsti, 1992) Observing the main objective of a country for international cooperation is to fulfil its national interests that it does not have at home. For that, the country needs to fight for its national interests abroad. In this regard, a cooperation is needed to bring together national interests between countries. International cooperation must have at least two main conditions, namely first, there is an obligation to respect the national interests of each member involved. Without appreciation, it is impossible to achieve a collaboration as originally expected. Second, there is a joint decision in overcoming any problems that arise. To reach a joint decision, continuous communication and consultation is required. Communication and consultation frequency must be higher than commitment (Dam, et al, 1995).
The problem of carrying out international cooperation lies not only in the identification of common goals and methods for achieving them, but also in the achievement of these goals. Cooperation will also be endeavoured if the benefits obtained are estimated to be greater than the consequences that must be borne. In accordance with its objectives, international cooperation aims to improve mutual welfare because international cooperative relations can accelerate the process of increasing welfare and solving problems between two or more of these countries.
According to K.J. Holsti, international cooperation can be defined as follows; the view that two or more interests, values, or goals meet each other and can produce something, are promoted or fulfilled by all parties at once, the view or expectation of a country that policies decided by other countries will help that country to achieve its interests and values, agreements or certain matters between two or more countries in order to take advantage of a common interest or conflict of interest, official or unofficial rules regarding future transactions conducted to enforce agreements, transactions between countries to fulfil their agreement (Holsti, 1988).
Observing the agreement on the validity of international treaty law which is a positive international law, included in the Vienna Convention on the Law of Treaties year 1969, hereinafter also referred to as the 1969 Vienna Convention; and the Vienna Convention on the Law of Treaties between States and International Organization or between International Organization and International Organization year 1986, hereinafter also referred to as the 1986 Vienna Convention.
For this reason, understanding the form of international agreements is needed to look at some of the definitions, including those stated in Article 2 paragraph (1) letter a, in Vienna Convention on the Law of Treaties year 1969 stated that: "treaty" means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation", As for Indonesia's positive law, called Law number 24 year 2000 concerning International Treaties, article 1 paragraph (1) letter a, states that: "International treaties are agreements, in a certain form and name, which are regulated in international law which is made in writing and creates rights and obligations in the field of public law." Then it is also stated in Article 4 paragraph (1) that: "The Government of the Republic of Indonesia enters into international agreements with one or more countries, international organizations, or other international legal subjects based on agreements; and the parties are obliged to carry out the agreement in good faith".
In line with the 1969 Vienna convention concerning Treaty of Law, Article 26 has stated in this matter that every applicable agreement is binding on the states parties and must be implemented in good faith. This principle is the basic principle of agreement law and has been universally recognized and is as part of the general principles of law.
Meanwhile, according to Sumaryo Suryokusumo, the principle of good faith is a moral requirement so that the agreement can be done in earnest or sincerely intention. Because good faith is also the essence of the concept of pacta sunt servanda as a whole which has been adhered to in many legal decisions and arbitrations (Suryokusumo. 2008).
Examining the use of these forms or terms can be seen from the meaning of international agreements, both those contained in international agreements between states and international organizations and between international organizations and international organizations as affirmed in Article 2 paragraph (1) point (a) of the 1986 Vienna Convention which states: "Agreement means an international which is governed by international law and defined in writing: (i) between one or more countries and one or more international organizations; or (ii) between international organizations, whether the agreement is in the form of one instrument or more than one instrument which is interrelated and regardless of its name." Based on this definition, several elements or qualifications that must be fulfilled in an agreement can be described, to be referred to as international treaties, namely: consensus, subjects of international law, in written form, certain objects, and subject to or regulated by international law (Parthiana. 2002). The 1969 Vienna Convention regarding Treaties of Law and the 1986 Vienna Convention concerning Treaty Law between States and International Organizations or between international organizations which do not make distinctions over the various forms of international agreements (including the names of the agreement), understood in accordance with Article 102 The UN Charter only distinguishes international treaties according to the terms of Treaty and International Agreement, which until now there is no clear definition between the two terms.
The most important element in an international agreement is the consent of the parties that is given voluntarily, as happens in civil law (Projodikoro, 1967). This agreement can be interpreted as collective agreement or known as consensually, in the Western civil law system. The meaning of private law is that an agreement is actually a form of law which is a series of rules regarding the behaviour of people as members of a society and aims to establish an order among members of that society (Prodjodikoro, 1993). This meaning is more or less the same in principle if it is applied in the meaning of international agreement as an agreement between members of the community of nations and aims to result in certain legal consequences.
According to Mochtar Kusumaatmadja, an international agreement is an agreement made between members of the community of nations and aims to result in certain legal consequences (Kusumaatmadja., et al, 2003). Likewise, according to Boer Mauna, international agreements (treaty) which are essentially the main source of international law are juridical instruments, which accommodates the will and approval of the state or other international legal subjects to achieve common goals. The collective agreement formulated in the agreement is the basis of international law to regulate the activities of countries or other international legal subjects in the world (Mauna, 2008).
Parties who intend to make or formulate an international agreement usually first take both informal and formal approaches. For example, the approach between two state officials in charge of the same problem, such as between the trade ministers of two or more countries who intend to enter into a bilateral or multilateral trade cooperation agreement. Besides, this approach can also be done through international organization forums, both regional and global.
The informal and formal approaches are followed up with the stages of making international agreements as stipulate both in the 1969 and 1986 Vienna convention, mentioned by appointing representatives of each party who given the task and authority to hold negotiations, submit a power of attorney or exchange full powers by representatives of each party, negotiations to discuss the material to be included and formulated as an agreement clause, acceptance of the agreement text (adoption of the text), authentication of the text, statement of consent to be bound by a treaty, determination of the time when an international treaty comes into effect (entry into the force of a treaty); depository of a treaty, as well as registration and announcement of the agreement (registration and publication). The agreement to bind itself which is stated by signing is generally carried out on an agreement which in substance is classified as an agreement that is not too important, does not result in the formation of new legal rules, and is more technical in nature. On the basis of these considerations, it is sufficient for the representatives of the participating countries to commit themselves to the agreements and by signing them by the representatives, the relevant agreements will become binding on the countries concerned (Parthiana, 2002). Agreement to be bound by an agreement can be made by exchanging documents / instruments which are basically international agreements (usually using Exchange of Letters / Notes, Agreed Minutes, Summary Records, Modus Vivendi, Memorandum of Understanding, and so on). In this case, the participating countries require that since the exchange of these instruments / documents, the countries have stated that they are bound by the agreement. This method of binding to agreements is generally carried out in simple agreements concerning cooperation in the fields of science and technology, engineering, trade, culture, commercial shipping, avoidance of double taxation, investment, and agreements of a technical nature. Usually, material is procedural in nature and requires immediate application without affecting fundamental national legislation.
The relations between Indonesia and Taiwan that have existed for a long time, starting from economic and trade relations and continuing to employment and academic relations in the non-governmental dimension, make the governments of both parties to meet the needs of its citizen and to give protection abroad through the IETO and TETO organizations which de-facto run state representative function on their daily basis.
Immigration cooperation that exists is also in the forum of a meeting held under the organization of IETO and TETO which is agreed, and attended by the official representatives of both parties in the field of immigration at the level of the Director General of Immigration who are also attending the annual meeting as a government representative. The discussion of the meeting and the results of the agreement specifically in immigration matters that must be provided by the state in meeting the needs and protection of their respective citizens by technical frameworks and the method about how to achieve these goals in the implementation level.
On interviews with few government officials in IETO and TETO who remains anonymous as requested, in the process of signing the Agreed Minutes, an approach was also carried out with official delegations related to the immigration issues by formal and informal meetings and discussions which will be included in the written content of the Agreed Minutes which is held annually since then.
The term of Agreed Minutes is also used based on the consensus of both parties. They also arranged about the issues, started from the framework of the topics, the problems their facing to the targeted they should accomplished of each meetings all written on the agreement papers.

THE FORM OF THE IMMIGRATION COOPERATION
Along with the increasing relationship that is very well established, especially in the fields of trade, tourism and education between the two countries, it is felt necessary to carry out cooperation that is directly related to human interests in carrying out its activities, so that there is a strategic collaboration in the field of human handling in 2013 in Bali, Indonesia.
For handling human problems and crimes involved between Indonesia and Taiwan, come about cooperation related to immigration and prevention of smuggling and trafficking in persons. This strengthening of cooperation was carried out by Directorate General of Immigration of Indonesia and National Immigration Agency of Taiwan through the Indonesian Economic and Trade Office (KDEI) in Taiwan and The Taipei Economic and Trade Office (TETO) in Indonesia.
Among them are related to Indonesian migrant workers in Taiwan, handling Indonesian citizens who wish to change to the Taiwan citizenship, scholarship programs, exchange of information and understanding in the process of detention and deportation, handling and coordination of the deportation process of Indonesian citizens related to victims of Indonesian trafficking, assistance in the process of deporting detainees of citizens. Indonesia and increasing information and communication exchange between the Directorate General of Immigration of Indonesia and the National Immigration Agency of Taiwan.
This cooperation is stated in the form of Agreed Minutes between IETO and TETO. The topic of the 2013 Agreed Minutes agreement is divided into 7 main agendas and each has an agreement in the form of a consensus signed by the chairman of each organization. Although both of them are not governmental organizations, the fact is that these two organizations carry out government functions according to their main duties and functions of handling the maters.
At the first meeting on the Cooperation agenda between the two countries, there were around 16,573 Indonesian migrant workers working in Taiwan illegally due to abuse of their residence permits or overstay. This problem is the main problem of the two countries and the most important thing is how the Indonesian government processes their return to their homeland. In addition, it is also about strengthening the immigration policy which allows Indonesian migrant workers to have their passports because previously every Indonesian migrant worker who worked in Taiwan had to submit their passport to the party that employed them. IETO recorded that there were around 310 Indonesian passports in 2010, 252 Indonesian passports in 2011, 323 Indonesian passports in 2012 were reported missing after being handed over to their employer so this has become a new problem regarding their legal status.
The second topic is about the large number of Indonesian citizens in Taiwan who are married to native Taiwanese citizens so that they have a desire to obtain Taiwan citizenship. IETO needs to ensure that when they have changed citizenship to become citizens of Taiwan, they have revoked their Indonesian citizenship so that there is no dual nationalism which is prohibited for Indonesia.
The third topic is in improving the mandarin language course scholarship program and degree program to increase the capacity of immigration officials. The fourth topic is the handling of illegal migrant cases, where at the time this collaboration was made, Indonesia did not yet have an instrument for the detention and deportation of illegal migrants, so it is necessary to exchange information regarding the best way to handle it.
The fifth topic is in terms of preventing human trafficking and coordinating the deportation of processes from human trafficking victims. At the time this agreement was made, there were 36 cases of human trafficking in 2012, with 30 cases related to labor exploitation and 6 cases related to sexual exploitation.
The sixth topic is about facilitating the repatriation of Indonesian prisoners in Taiwan, where most of the problems are in the absence of a valid passport and lack of money to return to Indonesia. The seventh topic is in terms of increasing cooperation in exchange of information and communication between the Directorate General of Immigration Indonesia and the National Immigration

A Study On Immigration | 128
Agency of Taiwan, especially regarding the information on the Red Notice list of people on confidential official requests.
Indonesia was a part of the 3rd bilateral meeting on 3-4 August 2015 in Jakarta. The meeting discussed several successful cooperation agendas, namely cooperation on Lost and Stolen Passport (LASP) data exchange, joint training, information exchange and communication channels between the Directorate General of Indonesian Immigration and the National Immigration Agency (NIA) of Taiwan, management of immigration detention centres, cooperation related to border security, capacity building, cooperation in immigration inspection and repatriation of perpetrators of immigration violations, as well as the management of Indonesian citizens who wish to apply to become Taiwanese citizens. Previously, IETO and TETO have also met twice in bilateral meetings, namely in 2012 and 2014.
The MoU signing meeting is a follow-up to the previous meeting on September 31, 2012 in Taipei, between the Head of the Indonesian Economic and Trade Office in Taipei, and the Head of the Taipei Economic and Trade Office to Indonesia (TETO). During the meeting, the two parties agreed to sign an MoU on Cooperation on Immigration, Prevention of Trafficking and Human Smuggling. The purpose of the signing of the MoU on Immigration is to provide a framework for cooperation in the immigration sector between the two immigration parties in order to improve cooperative relations in terms of: A. Cooperation in exchanging information in terms of preventing human trafficking and smuggling and illegal immigrants; B. Skills exchange cooperation related to the inspection of people who enter and leave the territory of the country; C. Cooperation between immigration institutions; D. Cooperation in training of personnel and in terms of sharing experiences; E. Other cooperation agreed by both parties.
The form of cooperation carried out by both parties is based on the principle of equality and the principle of reciprocity with the effective application of Cooperation in the form of: A. Exchange of criminal information, including fugitives in corruption cases who have run away; B. Exchange of visits in the context of carrying out immigration duties; C. Cooperation of immigration officials to participate in immigration training organized by other parties; D. Provide any other mutual assistance that may be needed.
Next was the fifth meeting which was held in Kuta-Bali, Indonesia on 10 May 2017. This meeting focused on discussing 2 agendas. The first is information sharing on immigration-related transnational crimes, particularly the cooperation on returning the suspect(s) to be put into trial and/or returning the victims(s). Second is the expansion of capacity building cooperation by developing a short course or study visit scheme to Taipei on the subject of information technology which was firstly established in April 2017.
Then the 7th agenda took place on August 7, 2019 in Yogyakarta, Indonesia. This meeting highlighted in cooperation on strengthening border management, expanding capacity building, providing facilitation along with security awareness, exploring mechanism of implementing automatic immigration clearance, enhancing the protection towards Indonesian migrant workers, and establishing information sharing mechanism.

RESULT
Indonesia adheres to the One China Policy in its view of the relationship between China and Taiwan so that Indonesia only recognizes China as the official government and Taiwan is part of the PRC. However, this did not stop the cooperation between Indonesia and Taiwan due to the interdependence of interests between the two countries. Starting in the fields of trade and economy, followed by other fields such as agriculture and education, the movement of people between the two parties is increasing. This makes them feel the need to also work together in meeting the needs of their citizens and it is an obligation for A Study On Immigration | 130 the government to provide facilities and protection for them abroad.
With the absence of diplomatic relations between Indonesia and Taiwan, and with all the strict provisions related to the One China Policy, the two parties made agreements with the highest officials at the Ministry level (Minister) or government agencies (chairman) with more specific strategic objectives. In the cooperation in the field of immigration and handling of illegal migrants, cooperation is carried out with the highest levels of the head of the IETO and TETO organizations. Although these two organizations state that they are not intergovernmental organizations, in fact these two organizations carry out their main duties and functions like a government representative.
With this form of cooperation, when viewed in terms of the concept of international cooperation, this immigration cooperation remains valid and remains the subject of binding international law between the two parties; and, is equivalent to other international agreements at the level of an MoU between countries. The cooperation that has been carried out between Indonesia and Taiwan so far has also not harmed the One China Policy adopted by Indonesia. So that in the future, cooperation between the two parties can still be carried out in the same form, namely strategic and sectoral cooperation.