PERLINDUNGAN NEGARA TERHADAP WARGA NEGARA DI LUAR NEGERI: STUDI KASUS PENYANDERAAN WNI OLEH PEROMPAK SOMALIA DAN KELOMPOK ABU SAYYAF TAHUN 2011 DAN 2016

Abstract

This research analyses state’s protection of its citizens abroad specifically looks at the phenomenon of transnational organized crimes particular ships hijacking. The research focuses on the strategies that the Indonesian government applied in dealing with three cases of ships hijacking involving Somalia pirates and Abu Sayyaf group that took hostage of Indonesians crew members.

This research built on the perspective of constructivism in the study of International Relations and used it to study Indonesia’s foreign policy. In the, constructivist view, the role of state and non-state actors is required to solve the problems in international relations. The protection of Indonesian citizens while they are abroad is laid on the Constitution No 37 of 1999 about foreign relations and article 21 of the constitution No 37 of 1999. Citizens protection is also based on article 2 about Right to exercise diplomatic protection of International Law Commission Draft Articles on Diplomatic Protection 2006. The qualitative approach is used in formulating document analysis, facts and theoretical framework of this research guided. This research has relied on data from Indonesian Foreign Affairs Ministry, journals, books and Internet websites related to the problems.

This research finds that Indonesia combines different approaches in protecting the citizens abroad. In the case of the hostage-taking of MV Sinar Kudus 2011, Abu Sayyaf 2016, FV Naham 3, Indonesia used by military operation and total diplomacy. Different problem-solving methods was caused by what’s matter the most such as the boatload and the situation in hijacking area.

Keywords: Citizens, Nations, Piracy, Indonesia’s foreign policy, Strategy,   Military, Diplomacy