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2022 ◽  
Vol 6 (1) ◽  
Author(s):  
Riyadi Idham ◽  
Anindito Rizki Wiraputra

In preventing the Covid-19 pandemic, immigration has a security function which is carried out by selecting the intentions and objectives of foreign nationals to Indonesian territory by examining visa applications, including in handling detainees in the detention room. The problem in this study is whether the arrangements for handling detainees in the detention room of the Class 1 Immigration Office for Non TPI, South Jakarta can be implemented during the covid-19 pandemic. How to optimize the handling of detainees during the covid-19 pandemic in the detention room of the Class 1 Immigration Office for Non TPI, South Jakarta. This research method is empirical normative using primary data and secondary data. The results of the study stated that the arrangements for handling detainees in the detention room of the Class 1 Immigration Office for Non TPI, South Jakarta, could not be fully implemented during the Covid-19 pandemic. This is because until now there is no regulation specifically for the Class I Immigration Office for Non TPI related to the handling of detainees in the detention room, thus causing the absence of standard operating procedures for officers. Optimization of the handling of detainees during a pandemic in the detention room of the Class 1 Immigration Office for Non TPI Special South Jakarta is through the issuance of the Regulation of the Director General of Immigration regarding the handling of detainees during a pandemic in the detention room at the Immigration Office Class 1 Special for Non TPI South Jakarta.


2022 ◽  
pp. 20-40
Author(s):  
Wilfried Marxer

Municipalities of Liechtenstein enjoy a considerable degree of autonomy. There are matters which, according to the Municipality Act, must be decided by the entirety of the municipality's citizens who are entitled to vote. Furthermore, a referendum can be held against decisions of the municipal council by collecting signatures, or a popular vote on certain issues can be triggered through a citizens' initiative. In such ballots, citizens who are entitled to vote and reside in the municipality are admitted. In case of votes on the naturalisation of foreign nationals, only those who are resident in and have citizenship of the municipality in question are entitled to vote. Votes on naturalisation are more frequent than votes on matters of substance. Initiatives at municipal level, on the other hand, are rare. Municipal citizens can also exert direct influence at national level. Direct democratic instruments at national level can be taken by a nationwide collection of signatures or three or four identical municipal resolutions.


Author(s):  
Jennie Edlund ◽  
Václav Stehlík

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.


Author(s):  
Attila Tanyi ◽  
Magnus Egan

In response to the COVID pandemic, the Norwegian government implemented the strictest border controls in modern Norwegian history, barring entry to most foreign nationals. The Prime Minister, Erna Solberg, justified these policies with reference to the rise of new COVID variants and the need to limit visitors to Norway as much as possible. As this approach has severe adverse effects on many people, there is a need to critically examine the justification given for closing the border. In this paper, we argue that while many border restrictions are legitimate, (1) the arguments given for the recent banning of entry for groups of people are not convincing, and (2) that the ban unduly limits personal freedoms and places an unjust burden on transnational citizens and Norwegians with close relations abroad. Keywords: COVID-19, Border Closure, Border Restrictions, Justice, Sovereignty, Nationalism, Immigration, Freedom, Ignorance


2021 ◽  
Vol 3 (2) ◽  
pp. 125-142
Author(s):  
Theadora Rahmawati ◽  
M. Makhrus Fauzi

Tulisan ini menganalisa dampak perkawinan siri dari segi keadilan terhadap istri dan anak-anak, serta perlindungan hukumnya yang dilakukan oleh TKI Pamekasan, baik dengan sesama Warga Negara Indonesia ataupun dengan Warga Negara Asing. Dampak terhadap anak yaitu terjadinya diskriminasi baik dari lingkungan maupun keluarganya sendiri; anak tidak mendapatkan hak-hak sipilnya (akta lahir); sulit untuk menyatakan pendapatnya; sulit untuk melangsungkan kehidupan serta pendidikannya. (This paper analyzes the impact of unregistered marriages in terms of justice for their wives and children, as well as the legal protection carried out by Pamekasan TKI, both with fellow Indonesian citizens or with foreign nationals. The impact on children is the occurrence of discrimination both from the environment and their own families; the child does not get his civil rights (birth certificate); it is difficult to express his opinion; difficult to carry on life and education.)


2021 ◽  
Vol 3 (1) ◽  
pp. 39-49
Author(s):  
Margaritha Rami Ndoen ◽  
Febi Meliana Ingratubun

The adoption of Indonesian children by foreigners is one of the child protection efforts aimed at protecting children and making them happy by having a family that protects, educates, and provides love. Couples who do not have children or descendants usually adopt children (adoption). This study aims to find out how the legal protection for Indonesian children adopted by foreigners is, and what the legal consequences are. This type of research is normative research, secondary data collection techniques consisting of primary legal materials and secondary legal materials, the data obtained are processed using qualitative analysis. The results of the study indicate that the form of legal protection for Indonesian children adopted by foreign nationals consists of 2 (two) kinds of legal protection, namely preventive protection is carried out to prevent disputes as listed in several laws. Meanwhile, repressive protection is carried out after the occurrence of disputes, namely those listed in Law No.39/1999 concering Human Rights, Law No.23/2002 concering Child Protection, and Law No.12/2006 concering Citizenship.


2021 ◽  
Vol 18 (6) ◽  
Author(s):  
Daria Mendola ◽  
Annalisa Busetta

While the relationships between social networks and health are widely acknowledged in the literature, few of these studies have covered the population of refugees living in makeshift camps. In our analysis of a nationally representative Italian survey of individuals living in informal settlements, we find that many had weak family relations: only 10 per cent had one or more family members in their settlement. The paper analyses the effects of individual social network on two measures of health, and finds that the refugees’ health conditions were associated with both their personal characteristics and the characteristics of the settlement. The results show that more than 50 per cent of these foreign nationals recently had health problems, and that those with no family members in the settlement had significantly higher chances of both being in bad or very bad health and having experienced a health problem in the last month.


Significance Erdogan is partly motivated by domestic alarm at the prospect of more Afghan refugees, which has heightened discontent over his policies regarding migration and the large, mainly Syrian refugee population ahead of elections in 2023. Viral social media posts this week amid a row over refugees 'provocatively' eating bananas that some Turks complain they cannot afford have resulted in the detentions of seven foreign nationals. Impacts Ankara will maintain its close interest in Afghanistan, and Afghan refugees could become the major factor in Turkey-Iran relations. Turkey’s incentives to control territory in Syria will include keeping IDPs within Syria and supporting returnees from Turkey. International assistance for refugees in Turkey may have to focus on material benefits for both refugees and local communities. Integrating refugees and asylum-seekers could slow further, and liberalising work or residence permits may favour the best-qualified. Officials may treat Syrians more harshly and hostility towards them may be tolerated, but a clampdown on cheap irregular labour is unlikely.


2021 ◽  
Vol 136 (3) ◽  
pp. 3-30
Author(s):  
Christina Reimann

In the late nineteenth century, with the expansion of their harbours and the growth of transatlantic mobility, the port cities of Antwerp and Rotterdam became home to economically important and large migrant communities. In a context marked by the often-claimed rise of the nation state, when national legislation concerning nationality and citizenship was shifting, local authorities and citizens played an important but still underestimated role when it came to enforcing the naturalisation of foreign nationals. Applications for naturalisation in both Antwerp and Rotterdam were firmly rooted in the local context, and economic performance was key to the police commissar’s support of an applicant’s case towards the national authorities. By comparatively analysing individual applications for naturalisation in Antwerp and Rotterdam, this paper argues that the close relationship between the nation-state and the mechanisms of legal inclusion and exclusion on which it rested, has to be relativised. Aan het eind van de negentiende eeuw werden de steden Antwerpen en Rotterdam, dankzij de uitbreiding van hun havens en de groei van de trans-Atlantische mobiliteit, de thuisbasis van grote en economisch belangrijke migrantengemeenschappen. In een periode die in de historiografie vaak gekenmerkt wordt door de veronderstelde opkomst van de natiestaat en veranderende wetgeving omtrent nationaliteit en burgerschap, speelden lokale overheden en burgers een belangrijke, maar nog vaak onderschatte rol bij het bewerkstelligen van naturalisatie van mensen met een migratieachtergrond. Zowel in Antwerpen als in Rotterdam waren naturalisatieverzoeken duidelijk gesitueerd in de lokale context van de aanvrager. Zo was het economische succes van een aanvrager een doorslaggevende factor voor het verkrijgen van steun van de politiecommissaris. Deze steun vergrootte de kans van slagen van een naturalisatieaanvraag bij de nationale overheid. Aan de hand van een vergelijkend onderzoek naar individuele naturalisatieaanvragen in Antwerpen en Rotterdam, stelt dit artikel dat de hechte relatie tussen de natiestaat en de mechanismen van wettelijke in- en uitsluiting waarop die berust, moet worden gerelativeerd.


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