{"title":"DISCOURSE OF REFUGEES OPERATION SCHEME AFTER ISSUANCE OF PRESIDENTIAL DECREE NUMBER 125 OF 2016 ON THE TREATMENT OF FREIGN REFUGEES IN IMMIGRATION PERSPECTIVE","authors":"M. A. Syahrin, Bangun Widodo Pangestu","doi":"10.52617/jikk.v2i1.41","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.41","url":null,"abstract":"\u0000 \u0000As a state of law, Indonesia places legal norms as the fundamental foundation of the state. The issuance of Presidential Regulation No. 125 of 2016 on the Treatment of Foreign Refugees, has provided guidelines for Indonesia to deal with the existence of asylum seekers and refugees. The formulation of the problem studied is how the refugee control scheme after the issuance of Presidential Regulation No. 125 of 2016 in the immigration perspective. The research method uses normative legal research. The monitoring of refugees in Indonesia, which is imposed on the Immigration Detention Centre, has been well implemented. The monitoring scheme at the time it was found, at the shelter, outside the shelter, was dispatched to the destination country, voluntary repatriation, and at the time of deportation did not answer the problems related to the presence and activities of refugees while in Indonesia. Although the operation scheme has been clearly provided in Presidential Regulation No. 125 of 2016, it needs to be refined with technical regulations, such as the Standard Operating Procedure that regulates the mechanism of controlling refugees for all Immigration Detention Centre. Another issue of concern is the issue of funding, officials in charge of refugee control, and the imposition of sanctions if there is negligence in the case of such operation. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"1 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":"122698426","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 DETERRENCE AGAINST INDONESIAN WHO AFFECTED BY RADICAL EXPERIENCES: ANALYSIS IN THE CONCEPT OF HUMAN RIGHTS","authors":"Agung Joko Prasetyo, Frissilya Angelina","doi":"10.52617/jikk.v2i1.44","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.44","url":null,"abstract":"\u0000 \u0000ISIS is a radical group in the name of Islam as a reference in acting, becomes a hot topic in the status quo due to the impact of its actions that can destroy and divide the Indonesian nation. The interance of ISIS is by the recruitment of closest people or family because in this way it is considered very effective in influencing. ISIS which enter Indonesia is mostly brought directly by Indonesian itself who previously lived/ worked abroad and has been indoctrinated with ISIS radical and with government regulations that forbid Indonesian citizens from being refused entry into their own countries making the spread of the Islamic State much more difficult to prevent and control their existence. It is stated in the Immigration Act which prohibits its citizens from being denied entry. It is a Government, especially the Directorate General of Immigration job, who has direct authority to regulate the crossing of every person entering and leaving Indonesian territory. Some challenges that are often found such as the use of \"rat track\" and the lack of supervision time at Immigration Border Control which is one of the challenges for the Immigration itself. Therefore, by upholding the conception of human rights which refers to the limitations on the sorting for every person who enters and exits the country is expected to maximize of surveillance and can reduce the impact of the ISIS understanding entry of the Pancasila Ideology, culture, public trust, especially Nation sovereignty.Keywords: Indonesian, Human Rights, Deterrence. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"34 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":"127075571","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 PASSPORT AS A REJECTION OF THE MEASUREMENT OF STATE SOVEREIGNTY","authors":"Putranto Argi Noviantoko","doi":"10.52617/jikk.v2i1.66","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.66","url":null,"abstract":"A passport is a travel document for every citizen to be able to travel abroad. However, a passport is not just a travel document, but can be an indicator of a country's civilization system whether it is progressing or being or even retreating. Visa politics as an analytical concept to open up a situation in a certain country. This paper wants to explain Indonesia's position in various aspects of contemporary nationality and statehood in order to become an evaluation tool for state development through the power of passports. The passport turns out to be a benchmark for a country's civilization in various aspects such as the domestic economy, domestic security, geo-geography, education and health based on international relations. The power of diplomacy is not sufficient for giving international trust to a country, but the aspects mentioned above can be used as a benchmark for a country's civilization to be trusted in the international community.","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"1 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":"116276417","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":"PUNISHMENT FOR FOREIGN CITIZENS THAT MAKE AN ABUSE OF FREE VISIT VISA","authors":"M. A. Hamdi","doi":"10.52617/jikk.v2i1.65","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.65","url":null,"abstract":"\u0000 \u0000Geographically, Indonesia's territory consists of islands which have a short distance from other countries, even bordering directly with other countries. Causing the easy movement of people from one country to another. Ideally for the sake of securing the country there should be a visa to enter a country. Visas are divided into various types, one of which is a visitor visa. In applying for a visitor visa in Indonesia, the President issues a Presidential Regulation concerning visa-free visits. In Presidential Regulation No. 21 of 2016 concerning visa-free visits contained in article 3 paragraph (1) that the visa-free visa recipient is exempt from the obligation to have a visitor visa to enter Indonesian territory. And in Article 4 paragraph (1) and paragraph (2) it is stated that foreign tourists will be granted a stay permit for 30 days but cannot extend the visa-free validity period or be converted into another residence permit. This paper discusses the use of visa-free visitor visit both positive impacts and negative impacts of the visa-free visa policy. This visa-free policy issued by the President has caused an increase in the level of traffic for people entering and leaving Indonesian territory. This increase in traffic was dominated by foreigners entering and leaving Indonesian territory, this had an impact on the weak guarding of foreign workers who could not be detected due to the visa-free policy.. As well as solutions to the impacts produced by visa-free policies. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"8 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":"133872464","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":"APPLICATION OF IN LAW PRINCIPLES IN THE DECISION MAKING OF VISIT VISA EXEMPTION POLICY IN INDONESIA","authors":"Hana Farah Dhiba","doi":"10.52617/jikk.v2i1.42","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.42","url":null,"abstract":"\u0000 \u0000The government's decision through Presidential Regulation No. 21 of 2016 concerning Visit Visa Free still leaves a myriad of question marks in the community. This policy is an implication of the government's steps to increase the number of international tourists to Indonesia. But in fact, what happens is not fully in accordance with what was announced. Some considerations related to this policy need to be explored further. The formulation of the problem examined in this paper is how to apply the Lex Superior Derogate Legi Inferiori principle and the Reciprocity Principle in making a Visa Visa Free decision making. The research method used is qualitative normative legal research and normative juridical approach. From the results of the study it can be seen that the decision on a visa-free visit policy deviates slightly from the principle of Lex Superior derogate legion inferiori and reciprocal principles. This is what needs to be explored further, so that how the future policies and decisions of the government remain in line with the principles of the applicable law in Indonesia \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"50 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":"131179664","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":"URGENCE OF IMPLEMENTATION OF THE IMMIGRATION SURVEILLANCE FUNCTION AS A PREVENTIF EFFORTS: CASE STUDIES OF NIGERIANTRAVEL DOCUMENTS EXAMINATION ON THE NAME OF ECHEZONA KINGSLEY OKOLIE","authors":"Feni Yuli Triani","doi":"10.52617/jikk.v2i1.64","DOIUrl":"https://doi.org/10.52617/jikk.v2i1.64","url":null,"abstract":"\u0000 \u0000Foreigners surveillance in Indonesia includes the entry and exit of foreigners to and from Indonesian territory and the presence and activities of foreigners in the Indonesian territory. After the foreigner is granted entry permission according to his visa, the surveillance is under Authority of the immigration office whose working area covers the stranger's residence. This surveillance is carried out as a Preventive Effort of the existence and usefulness of Foreigners in the Indonesian territory. This is based on a selective policy that upholds the value of human rights and regulates how foreigners enter the Indonesian territory. then the formulation of the problem to be investigated is (1) How does the function of the Immigration surveillance function as a preventive Efforts? And (2) How does the Function of the Immigration Surveillance function in handling cases of examining the Nigerian Travel Documents on behalf of Echezona Kingsley Okolie ?. Based on the research results obtained that the Immigration Oversight Function plays a role in carrying out preventive measures for immigration. Preventive efforts carried out by the Immigration Surveillance Sub-Directorate in the form of surveillance and exchange of information with other countries and related institutions in the country. In the case study of the Nigerian National Travel Documents Examination on behalf of Echezona Kingsley Okolie, the Immigration surveillance Function, in this case the Field Surveillance, acts as a preventive efforts. In its implementation, Pasal 71 of Undang Undang No. 6 year 2011 states that every Foreigner in the Territory of Indonesia is required to provide all necessary information regarding his and his family's identity. So because in that case, namely in the implementation of Field Surveilance can not show Travel Documents in the form of a Passport or Visa, then the suspect is subject to a Criminal Case Alleged Foreigners who can not show and submit Travel Documents or Stay Permits owned as referred to in Pasal 116 of Undang Undang No. 6 Year 2011 concerning Immigration. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"127 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":"115189955","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":"MAL OF PUBLIC SERVICES IN THE FRAMEWORK OF WHOLE OF GOVERNMENT (WoG) AND E-GOVERNMENT IMPLEMENTATION IN INDONESIA","authors":"Ohan Suryana","doi":"10.52617/jikk.v1i2.30","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.30","url":null,"abstract":"\u0000 \u0000The objective of this research is to know the effectiveness of Public Service Mall development as the implementation of the Whole of Government (WoG) Practice and the application of e-government concept in Indonesia. This qualitative research is conducted by implementing literature study approach through which the researchers gathered various sources of information. In addition, researchers also used a textual approach to the implementation of the effectiveness of Public Service Mall, Whole of Government (WoG) Practice and e-Government Applications. The study begins with a history of WoG development, then a discussion of WoG transformation towards e-government implementation, followed with opportunities and challenges in implementing e-government to Public Service Mall as a manifestation of e-government implementation. The results show that the development of Public Service Mall as the implementation of WoG practices in line with the concept of e-government has been appropriate and supports the principle of excellent public services. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130832706","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 BALANCE OF IMPLEMENTATION BETWEEN PROJUSTITIA AND IMMIGRATION ADMINISTRATION ACTION","authors":"Budy Mulyawan, Silvester Yansen Halawa, R. Winata","doi":"10.52617/jikk.v1i2.35","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.35","url":null,"abstract":"\u0000 \u0000In the current era of globalization, it is very common for humans to travel between countries. The freedom of human movement to move between countries is a basic or human rights guaranteed in the constitution. This migration right is regulated in Article 28E of the 1945 Constitution (Amendment), which determines that: \"Every citizen is free to choose a place to live in the territory of the country and leave it, and the right to return.\" But in its development more complex problems arise which forces all parties to focus their attention on solving this problem. Of course attention is focused on the immigration institution as the guardian of the state gate, meaning as a spearhead in facing and selecting foreigners who enter or monitor foreigners in Indonesia. In carrying out its own functions Immigration agents have been provided with laws that are used in carrying out their obligations. UU no. 6 of 2011 concerning immigration is the main weapon in handling the problem of foreigners who will or have entered the territory of Indonesia. The actions taken against foreigners who commit violations in Indonesia are by pro-justisia or by immigration administrative actions (TAK). \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131186418","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":"DEFINING THE PROBLEM OF ILLEGAL FOREIGN WORKERS AS WICKED PROBLEMS","authors":"Sri Kuncoro Bawono","doi":"10.52617/jikk.v1i2.29","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.29","url":null,"abstract":"\u0000 \u0000The issue of Illegal foreign worker existence in Indonesia has attracted the government to react to this problem since this issue has made a restlessness in public. The existence of the illegal foreign workers considered could bring threats to the national security. Accordingly, the Directorate General of Immigration has tried to overcome this problem by strengthening the Immigration Law Enforcement; However, this effort seems do not really solve the problem. This is because the intricacy of the problem that makes the solution which implemented did not bring an intended outcome. Therefore, to find the appropriate solution, this problem should be framed differently by defining this as a wicked problem. This research will describe the complexity, the uncertainty, and the value diversity in this problem that construct this problem as a wicked problem. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127812934","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 INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011","authors":"M. Alfarizi","doi":"10.52617/jikk.v1i2.33","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.33","url":null,"abstract":"\u0000 \u0000The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: \"Just and Civilized Humanity\". Human rights are manifestations of the third principle, namely: \"Indonesian Unity\". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: \"Democracy Led by Wisdom in Consultation / Representation\". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: \"Social Justice for All Indonesian People\" PASTI Values which are the core values of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values are in line with the values contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130538946","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}