scholarly journals IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS

2019 ◽  
Vol 1 (2) ◽  
pp. 117-126
Author(s):  
Rahma Iria Mayang Anggreini ◽  
Anita Herlina
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Government Agency ◽  
Public Understanding ◽  
Immigration Law ◽  
Legal Service ◽  
Legal Basis ◽  
The Law

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of crimes that can occur to migrant workers, considering that they are non-procedural migrant workers who are not bound and protected by the law that works on Indonesian Migration Workers, namely Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the low level of public understanding of the law, and the consequences of its mistakes and weak law enforcement are the main causes of the circulation of non-procedural migrant workers which eventually become victims of crimes that may occur such as exploitation, abuse, national, persecution, smuggling, and human trafficking to become victims of murder. Immigration as a government agency associated with indonesian migrant worker carries out its function partly as public and legal service. Law enforcement carried out by immigration officials, namely monitoring to providing criminal acts, is a form of law enforcement carried out by immigration to provide protection to PMI and prevent non-procedural PMI sending.

LEGAL PROTECTION FOR ILLEGAL INDONESIAN WORKER IN MALAYSIA

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Asnu Fayakun Arohmi
Keyword(s):  
Migrant Workers ◽  
Migrant Worker ◽  
Legal Protection ◽  
Legal Research ◽  
State Budget ◽  
Indonesian Government ◽  
Secondary Sources ◽  
The Law

This research examines the legal protection provided for illegal Indonesian workers in Malaysia and the obstacles to perform it. Malaysia are the largest number compared to another country in Asia in receiving migrant workers from Indonesia. In total there are 73.178 migrant workers. A large number of Indonesian migrant workers is caused by the lack of jobs vacancy in the country, so citizens look for a job abroad. The requirements to become Indonesian migrant workers are not easy, therefore many of them went abroad illegally. Illegal Indonesian workers often get inhuman treatment. Indonesian goverment should protect every citizen, even though they are illegal workers, since they are still Indonesian citizen. This paper is based on normative-empirical legal research with the data obtained from interviews, as well as from secondary sources provided in laws governing these matters, journals or from trusted sites of internet. The results of this study show that: first, the Law No. 18 of 2017 on Protection of Migrant Worker does not differentiate the protection for illegal and legal Indonesian migrant workers. Second, there are two obstacles faced by the Indonesian government: lack of data regarding the illegal Indonesian workers and lack of state budget to handle the protection of illegal Indonesian workers.

scholarly journals Law Enforcement Response To Human Trafficking According To Law No. 21/2007: Case Study in Benjina, Aru Archipelago Regency

2018 ◽  
Vol 5 (2-1) ◽  
Author(s):  
Ahmad Ali Fikri Pandela ◽  
Anhar Ansyory ◽  
Ulfatmi Ulfatmi
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Organized Crime ◽  
Legal Basis ◽  
Peace Officer ◽  
Comprehensive Study

Generally, there are some distinction on the response to human trafficking that has been particularly ruled in Law No.20/2007 21 about Abolition of Criminal Act Human Trafficking. That law contains legal basis to anticipate and round up activities, ways, or any other exploitations occured on human trafficking. In the process of implementation of criminal act case handling to human trafficking, the peace officer sometimes get difficulties to proof the perpetrator because sometimes it’s an organized crime, moreover it is a trans-national crime. The purpose of this study is to know and to analyze some aspects in law enforcement on human trafficking cases in Indonesia according to Law No. 21/2007 about Abolition of Criminal Act Human Trafficking (case study on human trafficking case in Benjina, Aru Archipelago Regency, and Maluku). So that this study can be a common comprehensive study to handle the human trafficking cases in Indonesia.

scholarly journals Migration -Trafficking nexus in Post-Soviet Tajikistan

2021 ◽  
Vol 17 (20) ◽  
pp. 84
Author(s):  
Sanchita Chatterjee
Keyword(s):  
Human Trafficking ◽  
Russian Federation ◽  
Migrant Workers ◽  
Quantitative Research ◽  
Migrant Worker ◽  
Human Migration ◽  
Rapid Expansion ◽  
Poverty Level ◽  
The Russian Federation ◽  
Migration Flows

Human trafficking, for the manipulation of migrant labour, is a violation of human rights. The spike in human trafficking is partly due to the rapid expansion of labour migration in the neoliberal period. The former Soviet zone has become one of the world's major human migration sections in the last decade. The article analyses the case of migration and trafficking in Tajikistan as remittances amounted to nearly half of the country's gross domestic product. In Tajikistan, lack of economic prospects, increasing poverty level, presence of blurred boundaries, leads to the cycle of illicit migration flows which resulted in human trafficking. Human trafficking is a multidimensional issue exacerbated in the countries of destination by poverty and gaps in economic openings versus unmet labour hassles and stern migration commandments. The migration of the Tajik people shortly began after the independence of the country and largely to support subsistence to the families leaving behind. Majority of these migrants prefer Russian federation as their main destination to work where corruption and human trafficking problem is huge. There are limited governing bodies to regulate recruiters' activities, so migrant workers are at the mercy of recruiters who are known to charge exorbitant fees that indebted migrant worker before arriving in their destination countries. Labour trafficking is a global humanitarian issue but there is scarcely any quantitative research on the issue. This study examined labour abuse indicators among migrant Tajik workers in the Russian Federation and the subsequent human trafficking risks with fresh vulnerabilities created by the economic crises and the covid-19 pandemic in 2020.

scholarly journals PENEGAKAN HUKUM TERHADAP TINDAK PIDANA KORUPSI DENGAN KERUGIAN NEGARA YANG KECIL DALAM MEWUJUDKAN KEADILAN

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Ahmad Muchlis
Keyword(s):  
Law Enforcement ◽  
Key Words ◽  
Attorney General ◽  
Legal Basis ◽  
Legal Certainty ◽  
Small Loss ◽  
Circular Letter ◽  
Law Enforcement Officials ◽  
The Law ◽  
Court Proceedings

The Circulars letter of deputy attorney of general for special crimes number: B-113/F/ Fd.1/05/2010 can be used as a reference by prosecutors in doing law enforcement against corruption with small losses, but in practice law enforcement, this circular letter is making trouble in practice. The results of this research, namely: the law enforcement against corruption with a small loss of state must pay attention to the values of justice, expediency, and legal certainty. In enforcing the law against corruption with small losses only can be stopped during an investigation by utilizing the exchequer and redress demanded. the reason corruption cases with small losses were still continued by the prosecutor to the court proceedings after enactment of circulator letter because circulator letter contrary to corruption constitution and it has no the strength or binding in legal basis. The Suggestions are addressed for law enforcement officials (police, prosecutor, and judge) in order to do the law enforcement against corruption with small losses in order consider the value of a legal basis, namely: fairness, expediency and certainty. The circular letter of deputy attorney general for special crimes number: B-1113/F/Fd.1/05/2010 in order to be taken as government consideration in formulating the new rules (Ius constituendum). Key words: Corruption, Law Enforcement, Justice

scholarly journals Optimization of The Village Roles in Countermeasure to Criminal Acts of Human Trafficking

2018 ◽  
Vol 54 ◽  
pp. 08012
Author(s):  
Erma Rusdiana ◽  
Eny Suastuti ◽  
Syamsul Fatoni
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Legal Research ◽  
Village Level ◽  
The Poor ◽  
Recruitment Activities ◽  
The Law ◽  
Village Government ◽  
The Village

This research is based on the criminal acts of human trafficking phenomenon through the Indonesian migrant workers delivery initially impersonating the recruitment activities by the scalpers in the village level in number of ways. The evidences show the poor village authorities regarding the issue at hand and relating to its people working abroad. This research aims to analyze Law No 18 of 2017 mandating the village government to actively participate in protecting the Indonesian especially the criminal acts of human trafficking cases. This is doctrinal legal research; employing the law approach in the sense of law in the book applying the statute approach. This research demonstrates the argument of Law No. 18 of 2017 legalization which is to provide the village authorization setting to extend migrant workers protection before, during, and after completion of their work. To implement the Article 42 pertaining to village’s duties and responsibilities, its government can arrange the village regulation about PMI. It is clearly stated in Law No 6 of 2014 about Village. It is subsequently beneficial in a way that the village, as the main key of worker distribution, actively participates in criminal acts of human trafficking anticipation impersonating the Indonesian migrant workers delivery and simultaneously provides the Indonesian migrant workers protection.

scholarly journals INCLUSIVE POLICING WITHIN LAW ENFORCEMENT ON TRAFFICKING IN PERSON AGAINST INDONESIAN MIGRANT FISHERS

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Reynold E.P. Hutagalung
Keyword(s):  
Law Enforcement ◽  
Social Construction ◽  
Human Trafficking ◽  
Qualitative Method ◽  
Primary Data ◽  
Modern Slavery ◽  
Micro Level ◽  
The Law ◽  
Modern Form

This research is about trafficking (TPPO) against Indonesian migrant fishers (known as ABKI) which have been attracting the attention of many parties in the last few years. The Indonesia’s Anti Trafficking Law No.21-year 2007 has not yet explicitly regulated about this form of trafficking. However, in the general, the law mentions that human trafficking practice is a modern form of human slavery. This research uses qualitative method to collect primary data from total 32 informants, they are the Indonesian migrant fisher victims of human trafficking, NGO’s staffs who assisted the victims, police investigators who investigated the case, prosecutor who worked on the case as well as relevants officials from different government departments and institutions. This study showed that social construction of modern slavery can be divided into 3 levels, namely, macro, mezzo and micro level. These three levels basically explain a policing model called inclusive policing.

scholarly journals Effect of Positivism in Clinical Legal Education

2019 ◽  
Vol 1 (4) ◽  
Author(s):  
Adji Samekto
Keyword(s):  
Law Enforcement ◽  
Legal Education ◽  
Legal Services ◽  
Main Character ◽  
Legal Basis ◽  
Major Premise ◽  
Procedural Rule ◽  
Legal Advocacy ◽  
The Law ◽  
Professional Practitioners

Clinical Legal Education (CLE) is an education in legal study that aims toprovide knowledge on practical expertise that aims to make lawgraduates capable of providing legal services (legal advocacy).CLEbecome important in recent days because of the tendency to resolvethe matter through legal channels is increasing. But in fact, it showsthat law enforcement is almost interpreted only as rule enforcement.The trend that happens, aspects of compliance procedures takeprecedence over justice. The modern law scientification is stronglyinfluenced by the emergence of positivism paradigm in modernscience. At present, along with the complexity of the problems ofpeople and society, the main character of modern law is a rationalnature. Rationality is characterized by the nature of a procedural rule oflaw. Procedure, thereby becoming an important legal basis to establishwhat is called justice, even the procedure becomes more importantthan talking about justice itself. Legal education, thus more likely toproduce professional practitioners. The resulting legal practitioners arelegal actors who are expected to make a decision which side is wrongand what is right under the provisions of the law. Through this paper isexpected to obtain the understanding that CLE should not result theLaw degree who only give priority to the compliance procedure aspositive law, but also still guided ethics and efforts to achieve justice.The method used for writing this paper is the socio legal research withinductive analysis. Thus, the fact that occurred in the law enforcementpractices will be a major premise and provide input and analysis in thispaper.

scholarly journals PENEGAKAN HUKUM TINDAK PIDANA PERDAGANGAN ORANG PEKERJA MIGRAN INDONESIA

2021 ◽  
Vol 14 (2) ◽  
pp. 257-270
Author(s):  
Dewi Asri Puanandini
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Migrant Workers ◽  
Migrant Worker ◽  
Protection Agency ◽  
The Rule Of Law ◽  
Medical Checkup ◽  
Service Companies ◽  
Labor Service

This study aims to examine the problems of law enforcement against human trafficking against Indonesian migrant workers. This research was conducted on legal issues from the normative side based on the rule of law in legislation and norms. This study uses a normative juridical approach with primary and secondary legal materials. The results of this study indicate that the law enforcement process against the criminal act of trafficking of Indonesian migrant workers, there are parties that are organized, starting from the Indonesian Migrant Worker Placement Company for Civil Employment, Health (medical checkup), Immigration (making passports), and at the airport. P3MI uses unscrupulous immig­ra­tion officers who can pass prospective Indonesian migrant workers with a number of rewards. Law enforcement carried out by the Indonesian Migrant Workers Protection Agency by postponing services, revoking company permits, written warnings, temporarily suspending part or all of business activities, canceling the departure of prospective migrant workers, and or returning from abroad at their own expense. The long-term effort is to closely monitor Indonesian labor service companies.

scholarly journals Law on Asset Recovery for Corruption in Indonesia: An Urgent Need

Rechtsidee ◽  
2021 ◽  
Vol 9 ◽  
Author(s):  
Sekar Langit Jatu Pamungkas ◽  
Kuswardani
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Research Method ◽  
Legal Basis ◽  
Descriptive Research ◽  
Track Record ◽  
Asset Recovery ◽  
Qualitative Descriptive ◽  
The Law ◽  
Research Type

Corruption is an organized crime, so that its existence is required to complete the law not only for the perpetrators but also for the results of acts of corruption which are often not found with a track record of all assets of corruption. This study aims to examine legal products in Indonesia regarding the seizure of assets resulting from criminal acts of corruption. Philosophically, the existence of criminal acts of corruption is a form of state responsibility to eradicate because there is not yet a strong legal basis to regulate the mechanism of confiscation effectively in the enforcement of corruption. This research method uses normative juridical with conceptual legal approach with qualitative descriptive research type. The results of this study can be concluded that the urgency of the establishment of the Draft Law on the confiscation of assets resulting from acts of corruption is to change the legal paradigm in law enforcement of criminal acts of corruption which is not only focused on perpetrators of corruption but assets resulting from criminal acts of corruption can be returned based on the amount of losses suffered by the perpetrators of corruption. country. The effectiveness of the law with the formation of these legal products closes the gaps that have so far arisen so that it triggers the existence of criminal acts of corruption. 

scholarly journals DISCRIMINATION AGAINST MIGRANT WORKERS IN MALAYSIA

2016 ◽  
Vol 28 (3) ◽  
pp. 556
Author(s):  
Muhammad Hafiz Badarulzaman ◽  
Zainal A Ayub ◽  
Zuryati M Yusoff ◽  
Harlida A Wahab
Keyword(s):  
Human Trafficking ◽  
Migrant Workers ◽  
Research Methodology ◽  
Major Contributor ◽  
Negative Perception ◽  
The Law ◽  
Migration Law

AbstractMigrant workers are often discriminated against in almost every aspect of life. Discrimination against them is due to irrational dislike of them and also negative perception towards them. It is alleged that migrant workers contribute to the crimes hike in Malaysia. Using doctrinal research methodology, this article discusses direct and perceptive discrimination against them. This article concludes that physical discriminations are mostly happened because ineffective enforcement of the law, abuse of powers and human-trafficking problem. Besides, migrant workers have not being major contributor to crime hike. Malaysia should introduce comprehensive migration law and strengthen the monitoring of recruitment agencies.

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