scholarly journals Analisa Penegakan Hukum dan Pengawasan Keimigrasian pada Kasus Masuknya Warga Negara China Ditengah Masa Pandemi Covid-19

2021 ◽  
Vol 21 (3) ◽  
pp. 1271
Author(s):  
Muhammad Fachryza ◽  
Muhammad Faiz Febriandana ◽  
Yofan Gusti Pratama
Keyword(s):  
Law Enforcement ◽  
Scientific Work ◽  
Scientific Paper ◽  
Government Policies ◽  
Immigration Law ◽  
Adaptation Period ◽  
Immigration Control ◽  
Difficult Time ◽  
Directorate General ◽  
The Government

Immigration officers while implementing their functions as well as state gatekeepers have a very important role in the situation of the spread of the covid-19 virus in the world. Immigration has four functions of immigration, namely service, security, law enforcement, and facilitator for state development. In a scientific paper with the theme of analysis of law enforcement and immigration control with case studies of the entry of Chinese nationals in the midst of the COVID-19 pandemic. where law enforcement and supervision of people during the current pandemic is very risky because it will have a number of differences where in this difficult time or in the New Normal adaptation period in Indonesia, immigration can actually develop and adjust in law enforcement both Indonesian citizens and foreigners. The government itself, in collaboration with the Directorate General of Immigration, provides new regulations and policies relating to the implementation of the main duties and functions of immigration, including including law. This scientific work aims to provide an explanation regarding immigration law enforcement and the supervision of foreigners carried out during the Covid-19 pandemic, and is also based on Indonesian government policies, especially immigration in preventing the spread of Covid-19.

Kontrol Keimigrasian terhadap Kunjungan Orang Asing di Provinsi Aceh

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Safrida Safrida
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Immigration Law ◽  
Limited Budget ◽  
Aceh Province ◽  
Directorate General ◽  
The Government ◽  
Supervisory Staff ◽  
And Control ◽  
Staff Number

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.

scholarly journals DEFINING THE PROBLEM OF ILLEGAL FOREIGN WORKERS AS WICKED PROBLEMS

2018 ◽  
Vol 1 (2) ◽  
pp. 83-95
Author(s):  
Sri Kuncoro Bawono
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Foreign Worker ◽  
Wicked Problems ◽  
Immigration Law ◽  
Wicked Problem ◽  
Foreign Workers ◽  
Directorate General ◽  
Value Diversity ◽  
The Government

The issue of Illegal foreign worker existence in Indonesia has attracted the government to react to this problem since this issue has made a restlessness in public. The existence of the illegal foreign workers considered could bring threats to the national security. Accordingly, the Directorate General of Immigration has tried to overcome this problem by strengthening the Immigration Law Enforcement; However, this effort seems do not really solve the problem. This is because the intricacy of the problem that makes the solution which implemented did not bring an intended outcome. Therefore, to find the appropriate solution, this problem should be framed differently by defining this as a wicked problem. This research will describe the complexity, the uncertainty, and the value diversity in this problem that construct this problem as a wicked problem.  

scholarly journals PROBLEMATIKA PENERAPAN PIDANA MATI DALAM KONTEKS PENEGAKAN HUKUM DI INDONESIA

2012 ◽  
Vol 1 (2) ◽  
pp. 207
Author(s):  
Slamet Tri Wahyudi
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Death Penalty ◽  
Government Policy ◽  
Secondary Data ◽  
Legal Issues ◽  
Government Policies ◽  
Legal Certainty ◽  
The People ◽  
The Government

Law enforcement without direction and not based on the three pillars of the justice of law, legal certainty and the benefits to society can break the law anyway even violate human rights. As one of the policies of the government that are not considered mencerminakan the values of justice and disturbing for the people, the government policy that acts of omission or delay in the application of the death penalty. This research is a normative legal normative juridical approach. The data collected is secondary data were analyzed using qualitative methods juridical analysis. Based on these results it can be concluded that in the application of the death penalty there are serious legal issues, this is due to government policies that commit omission or delay in the execution of the death penalty is a violation of human rights as stipulated in Article 28 of the 1945 Constitution. Keywords: Death penalty, Justice, Legal Certainty, Law

scholarly journals The Phenomenon of Sexual Violence among Adolescents in the Jurisdiction of the West Jakarta National Police Resort and Its Prevention Efforts

FIAT JUSTISIA ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 115
Author(s):  
Dylan Aldianza Ramadhan ◽  
Charina Putri Besila
Keyword(s):  
Law Enforcement ◽  
Sexual Violence ◽  
Scientific Work ◽  
Scientific Paper ◽  
Conduct Literature ◽  
The West ◽  
The Public ◽  
Police Station ◽  
Law Enforcement Officials ◽  
National Police

The writing of this scientific paper examines the lack of legal awareness of the community about sexual violence. This scientific work arose because the author saw that there were still many cases of sexual violence even though there were rules governing the acts of sexual violence. And this scientific work aims to tell the public what factors influence the act of sexual violence still arise and what efforts can be made by the community and law enforcement officials such as the police for this problem and is expected to eliminate the emergence of new sexual violence. The study sample was victims of sexual violence or sexual harassment in the Jakarta Bara police station. Data collection is carried out by interviewing 15 West Jakarta District Police Polres. And also conduct literature studies by looking for sources related to sexual violence. The results of this study suggest that the factors that often underlie the occurrence of sexual violence is a love factor where if the victim refuses to serve the perpetrators things will arise that are undesirable and there are false facts from the recognition of the average perpetrator who was interrogated by the police

scholarly journals Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry

2021 ◽  
Vol 21 (2) ◽  
pp. 223
Author(s):  
Nevey Varida Ariani
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Music Industry ◽  
Legal Protection ◽  
Copyright Infringement ◽  
Digital Music ◽  
Criminal Sanctions ◽  
Directorate General ◽  
The Law ◽  
The Government

The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era. 

scholarly journals How criminal courts blend punitive ends with immigration control aims: The decision-making process of the discretionary prosecution provision to authorise an administrative expulsion

2020 ◽  
Vol 18 (2) ◽  
pp. 1-29
Author(s):  
Byron Villagómez Moncayo
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
Immigration Law ◽  
Decision Making Process ◽  
Criminal Courts ◽  
Structured Interviews ◽  
Legal Regime ◽  
Immigration Control

The involvement of the criminal justice system in immigration control is nowadays a global phenomenon that has called the attention of academics and practitioners. The Spanish legal regime has not been immune to this occurrence, encompassing a series of situations in which criminal courts are required to make decisions that can have significant implications upon immigration law enforcement. One of the most noteworthy provisions in this regard is that by which criminal courts are allowed to exercise discretionary prosecution to authorise the administrative expulsion of a prosecuted foreigner (Art. 57.7 Aliens Act). Drawing on focused observation of a court setting and semi-structured interviews with judges, prosecutors, clerks, court personnel and defence attorneys, the main findings of this paper hover around the idea that expulsion is a court’s culturally constructed punishment, defined more by the meanings attributed to it by court actors than by its formal legal categorisation.

scholarly journals PENEGAKAN HUKUMAN DISIPLIN BERAT BAGI PEGAWAI NEGERI SIPIL (PNS) DALAM PERSPEKTIF HUKUM KEPEGAWAIAN

2020 ◽  
Vol 5 (2) ◽  
pp. 196-221
Author(s):  
Adrie Adrie
Keyword(s):  
Law Enforcement ◽  
Scientific Work ◽  
Vice President ◽  
Scientific Paper ◽  
Electronic Media ◽  
Employment Law ◽  
Civil Servants ◽  
Literature Study ◽  
Legal Research ◽  
Internet Media

Civil Servants (PNS) are prohibited from providing support to candidates for President and Vice President by engaging in campaign activities because this is a violation and can be severely disciplined. The purpose of writing this scientific paper is to determine the effectiveness of severe disciplinary penalties according to employment law, and to know the process of severe disciplinary penalties for Civil Servants (PNS). The author uses normative legal research methods with data collection techniques with literature study of legal materials through internet media. The data obtained in this legal research were analyzed using qualitative methods which were presented descriptively which would later obtain meanings and conclusions to answer the problem. The conclusions from the writing of this scientific work are: (1) The absence of effectiveness of severe disciplinary penalties according to the employment law which now applies to Civil Servants (PNS) because in reality, lawlessness continues to occur among Civil Servants (PNS) even though it has been given severe disciplinary punishment so that there must be firmer law enforcement that should be regulated in the employment law; (2) The process of severe disciplinary punishment for Civil Servants (PNS), among others: (a). Civil servants who commit disciplinary violations are examined by the Examining Team consisting of elements of supervision, staffing and direct superiors; (b). LHP is reported in a hierarchical way to officials who have the authority to punish; (c). Preparation and Issuance of Decree for the Dismissal of PNS Discipline by Officials who have the authority to punish; (d). After the issuance of the Decree, then the PNS Discipline SK is handed over to the concerned / Family / through electronic media (Postmark).

scholarly journals IMPLEMENTATION OF THE NYIDAKIM SYSTEM IN IMMIGRATION SERVICES IN REPLACEMENT OF LOST / DAMAGED PASSPORTS AT KARAWANG IMMIGRATION OFFICE

2019 ◽  
Vol 1 (1) ◽  
pp. 29-43
Author(s):  
Aditra Fajar Nurikhsan
Keyword(s):  
Information System ◽  
Law Enforcement ◽  
Information Management ◽  
Service System ◽  
Immigration Law ◽  
Incident Report ◽  
Search System ◽  
Qualitative Research Methodology ◽  
Directorate General ◽  
Immigration Service

In carrying out its law enforcement functions, the Directorate General of Immigration has an Immigration Investigation and Enforcement Application (Nyidakim). Nyidakim is an application is used to assist the process of immigration law enforcement in the form of making an inspection report, creating an incident report and so on. One of the problems that exist in the nyidakim system is the problem in providing lost / damaged passport services with the nyidakim application, the Biometric Matching System (BMS) search system which sometimes has problems that takes 10 minutes or so to display, lack of integration with the passport service system on Travel Document section and others. This study uses a qualitative research methodology with descriptive qualitative methods through data collection techniques with observation and interviews. The results showed that the effectiveness of the information system had an effect on information management and the information system itself. If these two things do not go well, obstacles will arise that will hinder the effectiveness of an information system. conclusions that are considered to have succeeded in achieving the research objectives, namely this research has provided an explanation that the nyidakim application at the Class II Non TPI Karawang Immigration Office was carried out well and effectively in helping services for lost or damaged passports and the advice that can be given is that the immigration service process requires accuracy and speed so that the applicant can be satisfied with the performance of the UPT.

scholarly journals THE IMPORTANCE OF IMPLEMENTATION FOREIGNER REPORTING APPLICATION (APOA) IN ORDER TO IMMIGRATION CONTROL TO FOREIGNERS

2020 ◽  
Vol 2 (2) ◽  
pp. 15-25
Author(s):  
Bima Yosua A Tarigan ◽  
Faridh Al Wajidi ◽  
K Karina
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Immigration Control ◽  
Immigration Laws ◽  
State Security ◽  
Directorate General ◽  
Qualitative Descriptive ◽  
Descriptive Approach ◽  
Reporting Procedures ◽  
Formulation Of Problems

Immigration control is an activity of collecting, processing, and presenting immigration data and information in order to ensure compliance with immigration laws. Foreigner Reporting (APOA) is an innovation of the Directorate General of Immigration in the implementation of immigration control which is oriented towards the function of law enforcement and state security. However, there are still some obstacles and constraint in the implementation of reporting foreigners through APOA. The formulation of problems examined in this paper is how the implementation of immigration control, reporting procedures, and constraints and obstacles in the implementation of reporting through APOA. This writing uses a qualitative research method with a qualitative descriptive approach through data collection by identifying laws and regulations and collecting some library materials relevant to the topic of this research. From the research results, it was found that there were still many inn owners or managers and the community who had not reported the presence of foreigners in their area. In this case, the Directorate General of Immigration must be able to optimize the implementation of reporting on foreigners so that it makes it easier for immigration officers to carry out immigration control, especially for foreigners.

scholarly journals Perlindungan Hukum Pemegang Hak Cipta atas Film Impor

2020 ◽  
Vol 2 (2) ◽  
pp. 169-180
Author(s):  
Agus Wasita
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Value Added ◽  
The State ◽  
Intellectual Property Right ◽  
Financial Loss ◽  
Additional Information ◽  
Legal Enforcement ◽  
Directorate General ◽  
The Government

Since the enforcement of Law No. 19 Year 2002 on Copyright, in particular film businessmen greatly expect that the government may protect the holders of copyright on films, either domestic produced films or imported films against the practice of film pirating. To improve effectively the protection of copyright, since 29th day of July 2003, the Directorate General of Intellectual Property Right (HAKI) of the Ministry of Justice and Human Rights has appealed shopping centers not to provide any single place for businessmen to sell pirated goods. But the appeal looks running ineffectively, because no legal force being imposed to provide certainty, however the Directorate General of HAKI of the Ministry of Justice and HAM (Human Rights) issued threatening of criminal sanction or civil compensation if the Mall/Plaza management still make any violation on the provisions of prohibition to provide any single place for selling the pirated goods. The arising loss resulted from film pirating actually not only suffers a financial loss for the film businessmen but also the state in this case procured from the tax sector. According to Kompas, the state at least suffered financial loss of 11 trillion as from 2005 procured from value added tax which should be levied by the state of film and song sales. additional information this business scale of pirated films may achieve the turnover of Rupiah billions weekly. It can be imagined what will be made by the perpetrators of film pirating in order that their illegal businesses are not disrupted. However, since the 80s the issue on law enforcement, particularly in upholding and handling the copyright has never been seriously handed and completed. The issue on both parallel import and violation of Law No. 8 of 1992 likewise, especially with regard to the obligation to censor film can not be handled appropriately. Meanwhile, the holders of copyright great do hope the police institution may directly arrest the perpetrators of pirating and processes them until filing claims. But apparently from the cases handled, which may further be processed until filing the claims are some of them only. By virtue of above illustration, the prominent issue to be discussed in this writing is ineffectiveness of legal enforcement of the state against the holders of copyright of imported films. It is alleged for insufficient statutory regulations to solve the complicated problems, obscure rule of games and the officers of legal institution weakly apply the law enforcement.

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