scholarly journals Immigration law enforcement after 9/11 and human rights

2011 ◽  
pp. 459-494
Author(s):  
Daniel Moeckli
2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Safrida Safrida

The government, through the Directorate General of Immigration, an Indonesian government agency under the Ministry of Law and Human Rights, has carried out one of its duties and functions, namely the supervision and control of foreigners residing in Indonesian territory, based on Law Number 6, 2011 concerning Immigration. The supervision or control is carried out to enforce the law, especially the immigration law. The class II Lhokseumawe Immigration Office in the Aceh province, which is the technical implementation unit for immigration in the region, has carried out its duties and functions of monitoring and controlling foreigners in its working area since the release of regulation No. 6, 2011. The results of this study reported that the implementation of supervision of foreigners at the Lhokseumawe Immigration Office has been carried out properly based on the regulation concerning Immigration and Regulation of the Minister of Law and Human Rights. But some constraints are still encountered, particularly lack of supervisory staff number, the width of the working area, and the limited budget. The author's suggestion should be that the implementation of supervision and control of foreigners at this working area should be carried out as often as possible and at the same time, the stakeholder (government) should resolve the obstacles met by staffs so that the immigration law enforcement can be achieved and improved.


2019 ◽  
Vol 1 (2) ◽  
pp. 59-71
Author(s):  
Ridha Nikmatus Syahada ◽  
Muhammad Azzam Alfarizi

Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order


2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.


2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law


JURNAL BELO ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 74-85
Author(s):  
Jennifer Ingelyne Nussy

ABSTRACT Recognition and protection of a guarantee of human dignity to earn a respectable place in the eyes of the law and government. Related to the interests of law enforcement, the Corruption Eradication Commission (KPK) for the purpose of wiretapping evidence in court, while will protecting the privacyrights of suspects. Legal protections for the accused to be seen as matter of law adopted. Therefore, the protection of the privacy rights of a person to be seen in the investigation process. For the Commission to conduct wiretaps should see privacy rights as stipulated in the law and the government should establish a special set of rules that intercepts, thus providing the possibility for law enforcement has the authority to do so does not conflict with human rights.


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