By Hafid Abbas
(Former Chairperson of the Indonesian National Commission on Human Rights)
On March 28, 2024, Coordinating Minister of Political, Legal, and Security Affairs, Hadi Tjahjanto, formed a team to handle allegations of Anti-Trafficking in Persons Act (TPPO) disguised as internships (ferienjob) in Germany. It was reported that 1047 students from 33 universities had participated in this program and became victims of such transnational crimes. The police have even identified five suspects, two in Germany and three in Indonesia. These suspects are charged under article 4 of TPPO Act and article 81 of Act Number 17 of 2017 concerning with the protection of Indonesian migrant workers, with penalties of up to ten years in prison and fines of up to Rp 15 billion.
In response to this case, Migrant Watch, an independent organization partnering with the United Nations on migrant labor issues, condemned the Indonesian police’s statement that the Ferienjob Program in Germany was suspected of TPPO. Migrant Watch believes that the police misunderstood the program, stating: “Why is the police so quick to label students participating in the Ferienjob program in Germany as TPPO? It’s very harsh and mistaken. Is it because the police don’t understand the definition of TPPO or is it a form of criminalization of universities?” (medcom.id, 24/03/2024).
It is indeed a worse mistake if there is a tendency to criminalize universities through this ferienjob case.
Human Trafficking and Ferienjob
In the Trafficking in Persons Handling Guide (2021) jointly prepared by the United Nations International Organization for Migration (UNIOM) and the Indonesian Attorney General’s Office, TPPO is considered an extraordinary crime against human dignity. Victims are controlled to be exploited through various modus operandi, such as sexual exploitation, child exploitation, exploitation of migrant workers, exploitation through human organ trafficking, etc. The methods used are often brutal, including threats of violence or actual violence against the victims and/or their families, kidnapping, etc. In short, the victims are subjected to injustice and severe psychological suffering.
Using these TPPO criteria, the implementation of ferienjob in Germany appears to be vastly different. This program is an official German Federal Government policy to provide opportunities for students from various countries to work part-time in physical labor positions offered by various companies or industries in Germany.
As a developed country, Germany is one of the safest countries globally for international students. In fact, according to a survey by the German Ministry of Education, over 80 percent of its international students claim to have never experienced any single security issues (DAAD, 2021). If any issues arise, anyone can contact the police any time by dialing number 110.
By the German government’s standards, the implementation of ferienjob is considered very safe and is regulated in Section 14 (2) of the German Employment Ordinance (Beschäftigungsverordnung/BeschV), which states that Ferienjob is only carried out during official semester breaks, with a duration of 90 days.
In addition to being very safe, Germany is also one of the most enjoyable countries for international students due to its world-class education standards, tuition-free education, opportunities for students to work while studying, and participation in programs such as ferienjob during breaks.
Studying in Germany
Among the 423 universities and higher education institutions in Germany, most are accredited as World-Class Universities. For example, the Technical University of Munich is ranked 37th globally, excelling in various fields such as: Data Engineering and Analytics, Management, Computer Science, and Business & Economics, offering over 200 Bachelor’s, Master’s, and Ph.D. programs. Established since 1868, this university not only offers tuition-free education but also provides funding for outstanding research proposals that are expected to produce innovative technological products, with an annual budget of 1.9 billion Euros (2022).
Similarly, Heidelberg University, ranked 87th globally, established since 1386, excels in fields such as: Ancient History, Biomedical Engineering, Earth Sciences, Law, Political Science, Scientific Computing, and Sociology, offering around 180 study programs, with approximately 20 percent international students of its total student population of about 30,000.
Compare this with Indonesia, which has nearly 4700 higher education institutions, none of which are ranked in the top 100 globally.
One can imagine that if President Habibie had not studied in Germany, he might not have been able to develop aircraft and become the President of Indonesia.
Ferienjob: A Step towards Master’s and Ph.D. Education
Driven by such deep concerns and curiosity, I interviewed a student who had participated in the ferienjob program. His experience was overwhelmingly positive; he completed the entire program without significant complaints. The total cost incurred before his departure was around Rp 10 million, including visa processing and insurance, and a payment of 350 Euros to the facilitating company (PT SHB). Two months before departing to Germany, he received additional German language training for a month, as well as English language training and cultural introduction to Germany for another month, all such supports provided by his university for free of charge.
He flew to Germany with Oman Air on October 2 and returned to Jakarta with Turkish Air on December 29, 2023. The total cost of round-trip tickets was Rp 23 million.
Upon arrival in Frankfurt, he underwent a five-day adaptation period before starting work on October 7, with placement arranged by PT SHB. He was assigned to a café at a rest park outside Berlin, precisely at Serways Raststätte Eichsfeld Süd in Kirchworbis. He worked 7-8 hours a day according to his shift, for a total of 20 days a month. He mentioned being able to apply his academic knowledge while learning how to interact with fellow employees, observe how the company was professionally managed, and interact with guests from various nationalities using German or English. He was exposed to a global environment, gaining experiences and knowledge beyond his imagination.
In the first month, he earned 1500 Euros, which increased to 1600 Euros in the second month and 2000 Euros in the third month. With such compensation, he considered it more than sufficient to cover his daily expenses in Germany.
With a wealth of memorable experiences during his three-month ferienjob in Germany, he intends to pursue further studies towards Master’s and Ph.D. degrees, knowing that studying in Germany would be tuition-free and allow him to work part-time.
Upon returning to his family in Indonesia, he was able to save Rp 15 million from his earnings during the ferienjob. If the Ministry of Education, Culture, Research, and Technology deems the implementation of this program not yet perfect in line with Minister Nadiem Makarim’s MBKM policy, the question arises why this program should be discontinued.
Looking Ahead
The case of the four Indonesian students who complained to the Indonesian Embassy in Berlin about various issues they faced during their ferienjob should not be generalized to the other 1043 students, as each student has a different background and workplace. One of the complainants was indeed unable to work relying on physical strength alone, later found to have a congenital disease.
Finally, it is hoped that the ferienjob program can continue, improving its socialization and accountability by learning from existing experiences, and the university professors who supported this program should be cleared of their suspect status.
If there are any mistakes in handling this issue, it should be addressed by the Directorate General of Higher Education involving the relevant university leaders, and the German side should also be involved in resolving this matter. The police could adopt alternative dispute resolution (ADR) to handle this case (Kapolri Letter 8/2009). If the police mishandle this case, Germany may blacklist Indonesian students from internships and studying in Germany.
May the issues faced by the 33 universities serve as a valuable lesson learned for the development of higher education in Indonesia today and tomorrow.