LAW ENFORCEMENT EFFORTS AGAINST IMMIGRATION CRIMES

the development of information technology, communication and transportation are tendency in terms of increasing relations between nations globally which drives human traffic between countries, giving rise to the complexity of the problems of human mobility between countries. Based on selective policy that upholds the value of human rights, regulated entry of foreigners into the territory of Indonesia, so also for foreigners who obtain a residence permit in the territory of Indonesia must be in accordance with the intent and purpose of being in Indonesia. Immigration crime is basically in addition to its nature as an international and transnational crime and is carried out individually or in an organized manner, it is also very detrimental and endangering to the community so that a severe criminal threat is needed in order to provide a deterrent effect for foreigners who commit violations. forms of supervision of foreigners, namely, supervision of foreigners, field supervision, immigration detention centers, and prevention and deterrence.

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Detained during a Pandemic: Human Rights behind Locked Doors

Social Sciences ◽

10.3390/socsci10070276 ◽

2021 ◽

Vol 10 (7) ◽

pp. 276

Author(s):

Justine N. Stefanelli

Keyword(s):

Human Rights ◽

Advocacy Groups ◽

Private Companies ◽

Immigration Detention ◽

Legal Representation ◽

Detention Centers ◽

United States Immigration ◽

States Immigration ◽

Locked Doors ◽

The U.S

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.

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LEGAL ACTION ON NIGERIAN WHO EXTENDS LIMIT OF IMMIGRATION RESIDENCE PERMIT: CASE STUDIES IN IMMIGRATION OFFICE OF WEST JAKARTA

Jurnal Ilmiah Kajian Keimigrasian ◽

10.52617/jikk.v1i2.34 ◽

2018 ◽

Vol 1 (2) ◽

pp. 133-147

Author(s):

M. Alvi Syahrin ◽

Anindito Rizki Wiraputra ◽

Dwi Septianto

Keyword(s):

Point Of View ◽

Deterrent Effect ◽

Legal Action ◽

Residence Permit ◽

Internal Factors ◽

Administrative Supervision ◽

Work Area ◽

Field Supervision ◽

Two Factors ◽

The Impact

The increasing migration of Nigerian citizens in Indonesia has a mixed impact. Not only the economic sector, but also the increasing number of violations and immigration crimes. The Immigration Office of West Jakarta, which is the jurisdiction of the distribution of Nigerian residences, faces quite difficult problems. The formulation of the problems to be examined in this paper are as follows: (1) How do immigration actions carried out by Immigration Office of West Jakarta in resolving cases of Nigerian citizens who exceed the immigration residence permit time limit and (2) What are the obstacles faced by Immigration Office of West Jakarta in resolving the case. The research method used is qualitative empirical legal research. Based on the results of the discussion, the following legal facts are obtained. The efforts made by Immigration Office of West Jakarta in overcoming abuse of immigration permits by Nigerian citizens are divided into 2 (two) parts, namely preventive efforts and repressive efforts. Preventive efforts carried out by the Immigration Office of West Jakarta are well underway and in accordance with existing regulations. The preventive efforts are realized in 2 (two) systems, namely administrative supervision and field supervision. In addition, these preventive efforts have proven effective with quite a number of Nigerians who abuse immigration permits by the Immigration Office of West Jakarta. Then the existing repressions are felt to require changes in the granting of actions / punishments against Nigerian people who abuse immigration permits. The change is in the form of providing legal action for investigating the violators to take precedence. Because all this time what happened in the field of giving immigration action was prioritized in giving action to Nigerian people who misused immigration permits. Even though the provision of immigration actions does not give a deterrent effect to these actors. So that the impact of these actors will do the same thing again. In practice, in the field of supervision and repression of Nigerian citizens who abuse immigration residence permits carried out by the Immigration Office of West Jakarta, there must be various problems. These problems are divided into 2 (two) factors, namely from the outside and from within. The external factor itself consists of the motives of some Nigerian citizens who came to Indonesia. Then there is a fictitious sponsor that increasingly makes it difficult to trace the perpetrators of abuse of immigration permits. Furthermore, the imbalance between the area of West Jakarta's work area and the number of personnel and equipment that does not support this. Then from the point of view of internal factors which are the obstacles is the lack of supporting factors in carrying out supervision and repression of Nigerian citizens who abuse immigration permits. Finally, the attitude of the immigration officers was less assertive in giving action to Nigerian citizens who committed abuse of immigration permits.

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THE ROLE OF IMMIGRATION DETENTION CENTERS IN THE PROTECTION OF THE HUMAN RIGHTS OF ASYLUM SEEKERS

Journal of Law and Border Protection ◽

10.52617/jlbp.v2i2.192 ◽

2020 ◽

Vol 2 (2) ◽

pp. 1-13

Author(s):

Andreas Agustinus Simamora ◽

Surya Pranata

Keyword(s):

Human Rights ◽

Data Analysis ◽

Asylum Seekers ◽

Medical Personnel ◽

Immigration Detention ◽

Detention Center ◽

Detention Centers ◽

Inhibiting Factors ◽

Collection Data ◽

Food Needs

The mobility of foreigners in Indonesia is very numerous and varied. One of them is an asylum seeker who entered Indonesia without immigration documents. In handling immigration violations and to accommodate the asylum seekers, an Immigration Detention Center was formed to provide them with the fulfillment of human rights. This study aims to identify and analyze the Semarang Immigration Detention Center in fulfilling human rights for asylum seekers and to identify and analyze the supporting and inhibiting factors faced. This type of research uses sociological juridical and data analysis using a qualitative approach method. The research data were obtained through interviews and documentation. Meanwhile, the data processing is done through data collection, data presentation, data analysis, and conclusions. The Semarang Immigration Detention Center itself in fulfilling human rights for asylum seekers is carried out by providing structured programs, namely health check services, providing food needs and providing access to education for asylum seekers. Supporting factors are the Semarang Immigration Detention Center in collaboration with related parties, namely PKBI and the Hospital to provide human rights fulfillment for asylum seekers and the enthusiasm of asylum seekers who always participate in the programs and activities given. The inhibiting factors are the absence of medical personnel who are on standby 24 hours, the unavailability of a warehouse for storing medicines, and the language used in communication as well as the different tastes of the food menu for each detainee there.

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Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

10.32920/ryerson.14664843.v1 ◽

2021 ◽

Author(s):

Nadjibullah Alamyar

Keyword(s):

Human Rights ◽

Critical Review ◽

Review Of The Literature ◽

International Human Rights ◽

Immigration Detention ◽

Canadian Charter ◽

Detention Centers ◽

Canadian Immigration ◽

International Human ◽

The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

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MEMBERANTAS KEJAHATAN ATAS SATWA LIAR: REFLEKSI ATAS PENEGAKAN HUKUM UNDANG-UNDANG NOMOR 5 TAHUN 1990

Jurnal Hukum Lingkungan Indonesia ◽

10.38011/jhli.v2i2.25 ◽

2021 ◽

Vol 2 (2) ◽

pp. 49-72

Author(s):

Raynaldo Sembiring ◽

Wenni Adzkia

Keyword(s):

Law Enforcement ◽

Organized Crime ◽

Negative Impact ◽

Transnational Crime ◽

Deterrent Effect ◽

Cyber Crime ◽

Criminal Sanction ◽

Wildlife Crime ◽

Ecosystem Evolution

AbstrakKejahatan atas satwa liar merupakan kejahatan yang bersifat transnasional dan terorganisasi yang telah mengakibatkan dampak negatif terhadap ekosistem Indonesia. Perkembangan kejahatan atas satwa liar yang saat ini juga merupakan kejahatan teroganisasi, lintas negara dan berbasis elektronik, membuat Undang-Undang Nomor 5 Tahun 1990 tidak lagi efektif dan telah gagal untuk mengatasinya. Kegagalan ini salah satunya disebabkan oleh rendahnya sanksi pidana yang diatur dalam Undang-Undang Nomor 5 Tahun 1990. Pada tataran praktek, rendahnya tuntutan Penuntut Umum dan putusan Majelis Hakim membuat tidak adanya efek jera bagi pelaku kejahatan atas satwa liar. Tulisan ini membahas secara spesifik mengenai perkembangan kejahatan atas satwa liar dan kegagalan penegakan hukum atasnya. Tulisan ini juga memberikan masukan konstruktif untuk perbaikan Undang-Undang Nomor 5 Tahun 1990 sebagai sarana untuk memberantas kejahatan atas satwa liar di Indonesia. AbstractWildlife Crime is a transnational and organized crime that has given the negative impact for Indonesia’s ecosystem. Evolution of wildlife crime as organized crime, transnational crime, and cyber crime makes Law No. 5 Year 1990 ineffective and has failed to combat it. This failure is caused by the lack of criminal sanction in Law No. 5 Year 1990. In the implementation, low of demand and verdict by prosecutor and judge couldn’t give the deterrent effect for the criminal. This paper discusses specifically about evolution of wildlife crime modus and the failure of law enforcement. This paper also gives input to revise Law No. 5 Year 1990 for combating wildlife crime in Indonesian context.

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Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

10.32920/ryerson.14664843 ◽

2021 ◽

Author(s):

Nadjibullah Alamyar

Keyword(s):

Human Rights ◽

Critical Review ◽

Review Of The Literature ◽

International Human Rights ◽

Immigration Detention ◽

Canadian Charter ◽

Detention Centers ◽

Canadian Immigration ◽

International Human ◽

The Government

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MENINGKATKAN PARIWISATA BALI MELALUI KEPASTIAN PENEGAKAN HUKUM ATAS PELANGGARAN KAWASAN TANPA ROKOK DALAM PERATURAN DAERAH PROPINSI BALI NOMOR 10 TAHUN 2011

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2015.v04.i01.p04 ◽

2015 ◽

Vol 4 (1) ◽

Author(s):

I Gusti Agung Ngurah Iriandhika Prabhata

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Good Alternative ◽

Provincial Government ◽

Deterrent Effect ◽

Comparative Approach ◽

Conceptual Approach ◽

Local Regulation ◽

Legal Norms ◽

Healthy Environment

To obtain a good and healthy environment is a part of human rights, as stated in the constitution of the Republic of Indonesia and the global principles of human rights. Tourism in Indonesia held on the principle of upholding human rights, especially Bali which engaged in the tourism sector. In response to the Bali Provincial Government policies governing the protection of human rights to obtain a good and healthy environment, through the Bali Local Regulation No. 10 Year 2011 on No Smoking Area, but the policy can not work effectively due to the lack of certainty in terms of law enforcement that is set in the substance of the local regulation (vagueness of legal norms), as well as penalties for violations that have not been able to provide a deterrent effect. This research uses normative legal research with the rationality that this study will examine the substance of the local regulation of Bali Province perceived No Smoking Area considered as vagueness of legal norm. The approach used to solve the problem is through the statute approach, analitical legal and conceptual approach, as well as the comparative approach to do a comparison of the rules banning smoking in Singapore and Queensland Australia. The results showed that a good alternative No Smoking Area policy in Bali is reforming the Bali Local Regulation by inserting a clear formulation of the law enforcement authorities, as well as the formulation of assertive sanctions to provide a deterrent effect. Through law enforcement certainty No Smoking Area, it will be able to improve the quality of tourism in Bali, especially in terms of Cleanliness Personality and Comfort.

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Sex Gratification in Indonesian Anti-Corruption Law: What is the Problem?

Law Research Review Quarterly ◽

10.15294/lrrq.v7i4.48174 ◽

2021 ◽

Vol 7 (4) ◽

pp. 505-514

Author(s):

Hesty Dian Yustikarini

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Service Providers ◽

Working Women ◽

Legal Reform ◽

Deterrent Effect ◽

Sexual Gratification ◽

Protection Of Human Rights ◽

Opposite Sex ◽

Different Dimensions

The phenomenon of prostitution in Indonesia has become a negative specter that refers to its dilapidated moral society. This polemic is one of several different dimensions. Stewardship is also felt because law enforcement is not entirely. Prostitution is a name given to indicate the act in which a woman sends herself to relate to the opposite sex in need of money or other forms of payment. Inspired by the rampant sexual gratification cases among state officials. Ratification process and goods but sadness gratification in expanding sexual section. Added the sexy offender (female) underage. Previously gratification is already in Law Number 20 the Year 2001 on Corruption Eradication in article 12 B, but not yet directly in the scope of sex gratification. Thus there needs to be a legal reform synchronized with the rules and protection of human rights for working women. Until now the sexy gratification case is still taboo because it is considered apathetically State has not been possible to do and provide a deterrent effect for service providers, separation and distribution for the perpetrators of sexual. This is the polemic that must be emphasized from the rising.

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PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PENYALAHGUNAAN IZIN TINGGAL KEIMIGRASIAN (Studi Kantor Imigrasi Kelas I Bandar Lampung)

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v10no2.676 ◽

2017 ◽

Vol 10 (2) ◽

Author(s):

Albert Sanusi

Keyword(s):

Law Enforcement ◽

Foreign Language ◽

Deterrent Effect ◽

Residence Permit ◽

The Public ◽

The Law

The presence of foreigners in the area of Lampung is increasing rapidly. But most foreigners are missing or doing activities that are inconsistent with the purpose of providing immigration permit. Results of research and discussion show that law enforcement criminal act of abuse of a residence permits the immigration done by administrative measures and actions pro-justice immigration. Obstacles to the enforcement of the law against the crime of abuse of a residence permit immigration because the number of immigration officers who conduct surveillance and monitoring of the presence of foreigners is still lacking, a lack of coordination and cooperation across sectors, the lack of investigators Immigration master a foreign language other than English, the limited number of facilities operational support and Lampung people that are non-cooperative which reports or complaints from the public about the existence or activities of foreigners who are nearby are very limited. Suggestions from this study are the immigration officers should increase oversight of the existence and activities of foreigners. Pro-justice in law enforcement actions should be effected, in order to ensure a deterrent effect to the perpetrators and other foreigners so as not committing a crime similar immigration. In addition, Lampung people are expected to cooperate with immigration officials to make a complaint about the existence or activities of foreigners who are nearby. Keywords: Law Enforcement, Residence Permit, Immigration

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Observance of human rights in pre-trial detention centres of the penal enforcement system

LAPLAGE EM REVISTA ◽

10.24115/s2446-622020217extra-c1006p.222-228 ◽

2021 ◽

Vol 7 (Extra-C) ◽

pp. 222-228

Author(s):

Victor Omelin ◽

Matvey N. Pyankov

Keyword(s):

Human Rights ◽

Law Enforcement ◽

Correctional Institution ◽

Correctional Institutions ◽

Specific Context ◽

Pretrial Detention ◽

Detention Centers ◽

Scientific Analysis ◽

Intelligence Operations ◽

Established Order

The purpose of the scientific manuscript is to study the theoretical and practical aspects of the observance of human rights while serving a sentence in correctional institutions during law enforcement intelligence operations, including a stay in pretrial detention centers. The scientific analysis results reveal that one of the main tasks of correctional institutions is the correction of convicts. The serving of imprisonment in isolation from one’s society, family, and loved ones, within the specific context of correctional institutions, greatly affects convicts’ psyches while also enabling them to survive their stay in such institutions. In this context, the observance of human rights while staying in pretrial detention centers is of particular importance. The conditions depend both on the regime of the correctional institution and on the behaviors of the convicts. If they do not violate the established order and treat everything in good faith, then they are provided with incentives that stimulate correction and encourage lawful behavior in freedom.

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