Journal of Law and Border Protection
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Published By Politeknik Imigrasi (POLTEKIM)

2798-5563

2021 ◽  
Vol 3 (1) ◽  
pp. 103-114
Author(s):  
Jayadi Al Amien ◽  
Wisnu Widayat

The purpose of this research is to find out the juridical background in Indonesia that the Crime of Corruption is a Transnational Crime based on the United Nations Against Transnational Organized Crime (UNTOC) and the United Nations Against Corruption (UNCAC) as outlined in Law Number 7 of 2006 which is a commitment government to combat the Corruption Crime. By using the normative-empirical research method, the importance of synergy and the responsibility of agencies dealing with Corruption in collaboration with the Directorate General of Immigration in reporting decisions, requests and orders to prevent corrupt suspects from escaping outside the territory of the Republic of Indonesia as prevention is regulated in Article 91 of Law Number 6 Year 2011 concerning Immigration.


2021 ◽  
Vol 3 (1) ◽  
pp. 39-49
Author(s):  
Binsar Bonardo Sianturi ◽  
Devina Yuka Utami

The traffic of people in and out of the country's territory is something that cannot be stopped by any countries in the world, include Indonesia. Various factors such as economic, cultural, and social become stimulants of traffic, which then called immigration. The principle of selective policy is the principle applied in the implementation of immigration in Indonesia, which it’s implementation is carried by Directorate General of Immigration, under the Ministry of Law and Human Rights of the Republic of Indonesia. The selective policy is the basis of the implementation of immigration examination that carried out in immigration checkpoints located at airports, seaports, land border, and other immigration checkpoints, which only people who are useful and do not endanger the unity of the nation can be allowed to enter the territory of the Unitary State of Republic of Indonesia. Immigration checks are also carried out strictly on Indonesian citizens to minimize the possibility of becoming non-procedural labor which can lead to the criminal act of human trafficking. In order to increase security for achieving the welfare of the Indonesian people, the Directorate General of Immigration needs to improving the quality of its human resources which leads to advances in policy and regulation making, systems and technology, and also the technicality of immigration services.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-12
Author(s):  
Achmad Setiawan S

Indonesia is the largest island nation in the world consisting of 17,508 islands spread from sabang to merauke. This area of course in addition to having a positive impact in the maritime sector can also be a threat to the sovereignty of the country. With the continued increasing flow of international migration comparable to the level of immigration violations that occur. Therefore, this article will discuss the effectiveness of the implementation of immigration intelligence tasks and functions in Indonesia. The research uses qualitative approach by using secondary data that includes books, laws and regulations, and scientific journals as well as various other literature. The results showed that immigration intelligence carries out the duties and functions of intelligence investigation and security. The implementation of intelligence tasks and functions carried out by the Directorate General of Immigration and the Immigration Office upt in general is quite good, but sometimes there are still some violations that escape surveillance. Therefore, in an effort to optimize the role of immigration intelligence, it is considered necessary to establish intelligence posts in each area of work of the immigration office for the effectiveness of the implementation of intelligence officers in the field.


2021 ◽  
Vol 3 (1) ◽  
pp. 115-123
Author(s):  
K Karina ◽  
Maidah Purwanti

This paper attemps to explain national policies that provide protection for refugees, human trafficking, and protection for foreign workers in an international context. Migration can occur because of the desire of the person or forced circumstances that make a person have to migrate. Migration is generally carried out by a person or group of people who want to get a more decent life by looking for a more decent job in another country. On the other hand, other factors cause disease, natural disasters, outbreaks of disease, and high crime rates in their home countries. Therefore, the role of the government through law enforcement officials and related public officials must coordinate well, firmly and fairly in enforcing the law. The results of this study indicate that the fact that the statement of the government in implementing its policies is that the government implements the policy is good or not. As smart as someone who makes policies, will always be smarter for someone who wants to violate the policy.


2021 ◽  
Vol 3 (1) ◽  
pp. 87-101
Author(s):  
Hana Farah Dhiba ◽  
Wahyu Eka Putra

The phenomenon of refugees is one of the topics of discussion in the international world. This situation was triggered by the increasing number of refugees scattered in various countries around the world. The existence of refugees is often a special concern for countries that are both transit places and destinations. In Indonesia, tens of thousands of refugees and asylum seekers stop and live. Some of the Arab and African countries and ethnic Rohingya who are hit by armed conflict and acute poverty. They lived for years while waiting for a third country. Their existence is increasingly causing various problems in society. The research uses normative legal research methods with 7 approaches. From the research results, it can be concluded that the presence of refugees in Indonesia has been going on for decades. The refugees entered by land and sea routes to Indonesian territory. Various policies have been taken to deal with the presence of refugees from abroad, one of which is Presidential Regulation Number 125 of 2016 concerning Policies for Handling Refugees from Abroad. However, over time, the refugee status intersected with the status of illegal immigrants contained in the regulation of the Director General of Immigration. This in the future raises various problems related to the handling of refugees in Indonesia.


2021 ◽  
Vol 3 (1) ◽  
pp. 77-86
Author(s):  
Kadek Fransisca Siba ◽  
Anindito R. Wiraputra

The problem of illegal immigrants has threatened the security and sovereignty of the Indonesian state. Even in 2013, the trend of illegal immigrants entering Indonesia increased by 12%. Most of them come from conflict-affected countries. Therefore, to prevent the increasing number of illegal immigrants from entering Indonesian territory, Indonesian immigration needs to strengthen border controls at the immigration checkpoints by continuing to implement immigration policy, namely selective policy. This policy only allows foreigners who provide benefits and does not endanger security and public order to be allowed to enter and reside in Indonesian territory. This policy supports the implementation of the immigration function, namely law enforcement and state security, particularly in preventing illegal immigrants who intend to enter Indonesian territory. The research method used is qualitative normative legal research with data analysis sourced from books, writings, scientific papers, and laws and regulations that are related to research.


2021 ◽  
Vol 3 (1) ◽  
pp. 65-75
Author(s):  
Felix Ferdin Bakker ◽  
Respati Triana Putri ◽  
Ale Alfero Deputra

Research on immigration surveillance and intelligence is currently minimal. The supervisory and intelligence functions are the spearhead of implementing guidance and an initial plan to get good results. In general, intelligence is a form of activity to collect data and information, then processed and presented to achieve a goal. Intelligence in the field of immigration aims to detect various threats, challenges, obstacles, and disturbances that can potentially disrupt state security and sovereignty. To obtain such data and information, intelligence activities are carried out. The use of intelligence, especially during the Covid-19 period, is meant that only helpful people can carry out activities in Indonesia, especially foreign citizens, which are expected to positively influence the Indonesian people, including in the fields of research economy, and socio-culture. This research is based on normative juridical research, namely by elaborating each material followed by an existing policy study arrangement. This is intended so that any problems in surveillance and intelligence can be magnified with existing policies. In addition, at this time, the author gives the role of the Indonesian people as a concrete step in providing information for the achievement of the objectives of immigration intelligence to obtain information material that will be considered in reaching a decision.


2021 ◽  
Vol 3 (1) ◽  
pp. 51-63
Author(s):  
Felix Ferdin Bakker ◽  
Tony Mirwanto

Immigration is a law enforcement agency that functions as a public servant. Therefore, as an institution with authority to protect the traffic of people consisting of foreign nationals and Indonesian citizens, immigration policy has a crucial position in carrying out its duties and functions. However, the position of Immigration as a public servant with a human security aspect results in a consequence that must be taken, namely making a policy that balances service and in-depth supervision. Especially for Indonesian migrant workers who will work abroad. So Immigration is obliged to make various surveillance innovations as a contribution in terms of early detection both in terms of policies, regulations, technology, as well as improving the human resources of immigration officers in supervising migrant workers who are leaving, namely following procedures so that in the future it does not cause new problems in particular. Involved and entered into transnational crime both as victims and even perpetrators. This research is based on the writer's concern about the situation of PMI, considering that the migrant sector is one of the critical aspects in facilitating the country's development following the function of Immigration. This study uses a normative juridical method based on literature study materials and comparisons of policies taken with qualitative data. It is hoped that with this research, policy and technological innovation will contribute both legally and socially to the mitigation of the presence of undocumented migrant workers.


2021 ◽  
Vol 3 (1) ◽  
pp. 23-38
Author(s):  
Bima Yosua A Tarigan ◽  
Faridh Al Wajidi ◽  
K Karina

Immigration functions include immigration services, law enforcement, state security, and facilitating community welfare development. The implementation of these functions is carried out by the Directorate General of Immigration, which carries out the task of guarding the country's gates. However, during the Covid-19 pandemic, the Directorate General of Immigration is expected to be able to carry out the immigration function without neglecting the spread of the Covid-19 virus that is currently sweeping the world. Not to mention that there are problems that can threaten state security and national sovereignty as well as the decline in the country's economy during this pandemic. The formulation of the problem that will be examined in this paper is what forms of immigration function carried out by the Directorate General of Immigration and how the implementation of the implementation of the immigration function carried out during the Covid-19 pandemic. This writing uses a qualitative research method with a qualitative descriptive approach with combined data collection (inductive/qualitative). From the research results, it is known that the Covid-19 pandemic resulted in various policy changes that had an impact on the implementation of the immigration function. This issue must encounter by  Directorate General of Immigration as an institution that is authorized to carry out the immigration function in Indonesia.


2021 ◽  
Vol 3 (1) ◽  
pp. 11-21
Author(s):  
Bima Yosua A Tarigan ◽  
M. Alvi Syahrin

This paper discusses that Indonesia which is not a contracting state to the 1951 Refugee Convention and 1967 Protocol, but still respect human rights of asylum seekers and international refugees on the principle of non-refoulement. By being unable to refuse the asylum seekers, it will result in the accumulation of those who have the potential to disturb the security and order of the Indonesian people. This paper aims to identify conditions, problems, and provide solutions for asylum seekers and refugees in Indonesian territory from the perspective of national law and international law. This writing uses a normative research method with a juridical-normative approach, which refers to the prevailing laws and regulations. The solution that can be provided is the establish regulations regarding the handling of asylum seekers and refugees, improving communication with the main destination countries, conduct training for officer in dealing with asylum seekers and refugees, and optimally applying the Global Compact on Refugee concept. The results of this paper indicate that national law and international law can provide protection for asylum seekers and refugees.


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