Jurnal Ilmiah Kajian Keimigrasian最新文献

{"title":"THE VALIDITY OF CRIMINAL OFFENDER ARREST IN THE IMMIGRATION AREA AS A REASON FOR EXIT BAN TO LEAVING THE TERRITORITY OF INDONESIA -CASE STUDIES OF RATNA SARUMPAET","authors":"M. Alvi Syahrin, Rio Restu Prabekti","doi":"10.52617/jikk.v2i2.57","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.57","url":null,"abstract":"\u0000 \u0000Arrest is an act of the investigator to temporarily restrict the freedom of the suspect or accused if there is sufficient evidence for proposes of investigation or prosecution and/or adjudication in matters and by means regulated in the law. One of the cases that has caught the public's attention is the prevention and arrest of Ratna Sarumpaet who is a suspect in the case of spreading hoaxes in the immigration area of Soekarno-Hatta International Airport. This research has the formulation of the problem whether the prevention of going abroad and the arrest of suspect Ratna Sarumpaet in the immigration area is in accordance with applicable regulations. The purpose of this study is to determine whether the forced efforts made in this case the arrest and prevention of Ratna Sarumpaet violates the rules or not. This research is a normative study using several problem approaches which include the Law approach and analysis approach. The data sources used are secondary data, namely library materials which include library books, legislation, and others. Data will be analyzed by normative analysis method. The theoretical basis used is the rule of law theory, the theory of state sovereignty, the theory of law enforcement and the theory of criminal law. Based on the data analysis, it was concluded that the prevention of leaving the Territory of Indonesia and the arrest of Ratna Sarumpaet which was a forced attempt by the police in coordination with the immigration party were in accordance with applicable regulations, namely as stipulated in the Criminal Procedure Code, Law Number 6 2011 concerning Immigration and Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"185 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123255130","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"INDONESIAN LEGAL POLITICAL POLICIES ON IMMIGRATED CRIMINAL ACTION IN THE ERADICATION AND PREVENTION OF PERSONAL TRADE ACT: NORMATIVE –EMPIRIC AXIOLOGY","authors":"M. Alfarizi","doi":"10.52617/jikk.v2i2.56","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.56","url":null,"abstract":"Transnational crime has great potential in Indonesia, which is a developing country. Transnational crime is not only driven by free trade factors or weak law enforcement in Indonesia, but also by Indonesia's geographical area itself. In the midst of the nation's problems that are happening today are very much and require serious attention, one of the things that is of serious concern is People smuggling or human smuggling. This research is a normative legal research used in an effort to analyze legal materials by referring to legal norms set forth in statutory regulations. The results of the research show about how the criminal act of human smuggling is regulated in positive law in Indonesia and how the criminal responsibility for those who commit human smuggling crimes. From the research results, it can be concluded that the international community, including Indonesia, views people smuggling as a transnational organized crime that can threaten state security. The crime of human smuggling is regulated in the Immigration Law Number 6 of 2011. Criminal Liability for the Crime of People Smuggling is in accordance with Law Number 6 of 2011 Article 120.","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132560075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"IMMIGRATION EXAMINATION APECT REVIEWED FROM IMO FAL CONVENTION","authors":"G. A. Nursanto","doi":"10.52617/jikk.v2i2.55","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.55","url":null,"abstract":"\u0000 \u0000Indonesia is an archipelago (Archipelago Country) that has territorial borders with other countries covering land, sea or air. As an archipelagic country, Indonesia has regulations regarding the entry and exit of a person, both Indonesian citizens and foreigners. The gate through which someone enters or exits the territory of Indonesia or what is called the Immigration Checkpoint  is a crossing place for everyone. With the existence of the Immigration Checkpoint as a means to anticipate threats, obstacles and disruptions to the territorial sovereignty of the Republic of Indonesia. Institutionally the Immigration Checkpoint is the work scope of the Directorate General of Immigration. In terms of the sea area there are international conventions that regulate the law of the sea which have an impact on immigration regulations that have a role in the Sea the Immigration Checkpoint namely the Cofference of Facilitation of Maritime Traffic, the convention on the ease of international maritime traffic held by the International Maritime Organization (IMO) in London. This Convention aims to harmonize government regulations with international regulations. The IMO FAL Convention was not fully adopted by Indonesia due to regulatory differences. The adoption of the IMO FAL Convention standard into regulations in Indonesia has a good influence on immigration as a standard for immigration checks for sea transport crews.  \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127076257","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE IMPLEMENTATION OF ASYLUM SEEKERS DAN REFUGEES LAW ENFORCEMENT IN INDONESIA AFTER PRESIDENTIAL DECREE NUMBER 125 OF 2016 ON THE TREATMENT OF FOREIGN REFUGEES","authors":"M. A. Syahrin, Yusa Shabri Utomo","doi":"10.52617/jikk.v2i2.60","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.60","url":null,"abstract":"The movement of population was only a domestic issue of a country, but along with the number of countries that paid attention to Asylum Seekers and Refugee so that these issues become worldwide problem. In International law the existence of these refugee protected by the 1951 Refugee Convention and 1967 Refugee Protocol about Refugee. The Indonesian state did not ratify the Protocol so that Indonesia was not obliged to accept the asylum seekers and refugee. However, Indonesia’s strategic position makes Indonesia become a transit country for those who want to continue into the destination country. Therefore, the Government of Indonesia issued a Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees. The problem research is how to handling asylum seekers and refugee after the publication of Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees. This research is used empirical-normative research methods. Thus, the Government of Indonesia already has a legal basis to handle these asylum seekers and refugees. Indonesia is expected can be more instrumental in addressing the problem of asylum seekers and refugees internationally even thought Indonesia has not ratified the 1951 Convention and the 1967 Protocol. However, in its implementation Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees did not run smoothly. It’s because a lot of their handling has not yet referred to the Presidential Regulation.","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128169141","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"STANDARDIZATION OF LIMITED STAY ONLINE LICENSE SERVICE FOR FOREIGN WORKERS IN INDONESIA","authors":"Moch Iqbal Masrur Rahma, A. Purnomo","doi":"10.52617/jikk.v2i2.58","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.58","url":null,"abstract":"Presidential Regulation Number 20 of 2018 on the Use of Foreign Workers mandates new administrative duties for Immigration Agency in terms of granting residence visas and permits for Foreign workers. The online single submission, is an application in which integrates the system of the Directorate General of Immigration and the Ministry of Manpower. It is expected that the administrative procedure for foreign workers in entering Indonesian will be less complicated than before in order to boost national economic growth in the Unitary State of the Republic of Indonesia. For this reason, the study aims to figure out a standard of public service in Immigration Clearance for Foreign Workers at Immigration Checkpoints.  \u0000This study uses an empirical-normative approach that examines the Immigration Clearence procedure for Foreign Worker after the enactment of Presidential Regulation Number 20 of 2018 concerning the Use of Labor. This research begins with library and field research. The data collection techniques used in this study are observation, interviews, and documentation. Furthermore, to analyse the system of Immigration clearance of foreign worker at Immigration Checkpoint, I will utilise the public service standard from The act number 25 of to 2009 about public services. The result of the study indicates that the implementation of Online Single Submission hasn’t been fully met the ideal public service standards.","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133059195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"COMPETENCY OF PRIVATE EMPLOYEES IN IMMIGRATION WORK UNITS","authors":"Riri Ardyaningtyas, Guntur Widyanto","doi":"10.52617/jikk.v2i2.62","DOIUrl":"https://doi.org/10.52617/jikk.v2i2.62","url":null,"abstract":"\u0000 \u0000Role of public relation as government media of publication can not be underestimated. The dissemination of information that spread rapidly by internet, government can take the advantage it as a tool for dissemination of information for services information or government’s programmes. A good information will come from employee who have a good competence in public relation. In other way, public relation activity should be supported by good infrastructure. In reality, many employee in office’s public relation do not have an enough competence. It has a strong influence for the quality of information. This research that measure people’s satisfication of public information that they have got and employee’s competence in public relations has a good result for people’s satisfication for public information. But, there are many lacks from employee’s competence in public relation. In the future, it’s important to make a public relations training or improve some infrastructure that supported for public relations activity. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"104 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113963824","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"VIEW OF HUMAN RIGHTS TOWARDS DISPOSAL OF PEOPLE WITH THE \"STATELESS\" STATUS IN INDONESIA - CASE STUDY: DANKO NIZAR ZLAVIC","authors":"M. Ryanindityo, A. Purnomo","doi":"10.52617/jikk.v2i1.48","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.48","url":null,"abstract":"The Republic of Indonesia is not a country that ratifies the 1954 Convention relating to the Status of Stateless Persons nor the 1961 Convention on the Reduction of Statelessness, therefore Indonesia does not recognize the term “stateless persons”. As a result, the treatment of stateless persons are carried out by the Indonesian Immigration as like any other illegal immigrants. One example of this stateless persons case is the case of Danko Nizar Zlavic, who was detained for more than fifteen years on the grounds of not having a valid travel document and/ or stay permit in Indonesia due to the absence of citizenship recognition or verification by his foreign representative  in Indonesia. This research aims to determine the cause of the foreign representative not acknowledging or recognizing Zlavic as its citizen and to view the case of Zlavic from a human rights perspective.     ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"6 24","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113954861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"JURIDICIAL REVIEW ON THE IMPLEMENTATION OF INVESTIGATIONS BY CIVIL SERVANTS INVESTIGATIONS IN IMMIGRATION CIVIL SERVANTS IMMIGRATION OFFICE SPECIAL SOEKARNO-HATTA","authors":"Badai Yogaswara W. S. M, M. Alfarizi, M. B. R. Sumantri","doi":"10.52617/jikk.v2i1.45","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.45","url":null,"abstract":"\u0000 \u0000Departing from the increasingly widespread problem of People Smuggling, both in the form of organized and unorganized crime networks, both inter-state and domestic as a whole is a threat to the norms of life based on human rights. In this case the role of the immigration officer as the gatekeeper in the country's traffic in the case of people entering / leaving Indonesian territory, as in 2015, the People Smuggling case was successfully revealed by the Immigration Officer within the Soekarno-Hatta Airport Airport I, where immigration officers found three people women wearing fake passports who were about to leave for Kuala Lumpur with perpetrators Laila Yunita and Jamal Al Khatib. This writing aims to analyze the causes and effects of human smuggling, as well as examine the serious efforts made by PPNS in eradicating People Smuggling, especially in the case of People Smuggling committed by Laila Yunita and Jamal Al Khatib. The research uses a statutory approach, a conceptual approach and a case approach. So that with the case, it will be understood how important the value of legal human resources is in the scope of immigration in the context of national law development, as a breakthrough in competency development strategies \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134115383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MULTIPARADIGM APPROACH FOR IMMIGRATION RESEARCHS","authors":"Bobby Briando, A. Purnomo, Sri Kuncoro Bawono","doi":"10.52617/jikk.v2i1.43","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.43","url":null,"abstract":"\u0000 \u0000This article discusses a research paradigm from several perspectives which is so-called Multiparadigm. Multiparadigm encompasses Positivism; Criticism; Posmodernism; and the Spiritualism. This research is qualitatively descriptive by using explanative method. The result shows that acquiring the whole paradigm will lead to a contemplation that “truth” is not single, on the contrary it is quite diverse. In this sense, the truth in the context of human consciousness is a “realtive”measure. Nevertheless, the “Absolute” truth belongs only to the Source of Knowledge, the Lord of the Universe. A research in which using multiparadigm would widen the horizon in critical thingking. It is expected that point of view will be able to lead us to a revolutionary way of thingking and enhacing intellectual, emotional and spiritual awareness within researchers. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125523284","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL","authors":"M. A. Syahrin, B. Ginting","doi":"10.52617/jikk.v2i1.47","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.47","url":null,"abstract":"Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132490775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}