Jurnal Ilmiah Kajian Keimigrasian最新文献

{"title":"THE VISA EXEMPTION POLICY IMPLEMENTATION ON GLOBAL MOBILITY: A STRATEGY TO MINIMISING THE RISKS AND MAXIMISING THE BENEFITS OF VISA POLICIES","authors":"A. Purnomo","doi":"10.52617/jikk.v1i2.24","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.24","url":null,"abstract":"\u0000 \u0000To secure Indonesian borders and uphold state’s sovereignty, the Directorate General of Immigration (Imigrasi) must develop an effective monitoring strategy. Managing people’s mobility within the Indonesian territory should also be the main concern of the current government amidst the implementation of the visa waiver policy. This means that the economic benefit expected from the free-visa policy must not undermine the national security. In particular, this study argues that the visa exemption policy is not related to the rise of immigration violations and, therefore, the level of immigration offense is influenced by other factors including poor management and scrutiny of foreign arrivals. This paper will analyse secondary data to deeply understand what challenges faced by Imigrasi during the implementation of President Regulation No. 21 of 2016 about the visa waiver for 169 countries. The data was originally obtained through interviews, surveys, research, and reports published by academic researchers or government/non-government agencies. This method is utilised as a means to gather all relevant information related to the topic discussion, especially, in finding the urgency for reform and adjusting Imigrasi’s policy direction. The result conveys that visa exemption regulation needs to be reviewed immediately. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"55 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":"114511629","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 PROBLEM OF THE SUPERVISION OF IMMIGRATION STAY LICENSES ON ILLEGAL FOREIGN LABOR WORKING IN FOREIGN CAPITAL INVESTMENT COMPANIES IN INDONESIA","authors":"Tony Mirwanto","doi":"10.52617/jikk.v1i2.31","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.31","url":null,"abstract":"\u0000 \u0000Abuse of Residence Permits by foreigners with the mode of using tourist visit visas often occurs, generally used in the context of working as a Foreign Worker in a Foreign Investment Company in Indonesia. This has led to a reduction in employment opportunities for Indonesian Migrant Workers in the country and a reduction in State income in terms of the use of Foreign Workers. Based on the facts in the field, the problem of misuse of Tourism Visit Stay Permits generally comes from the policy of Free Visa for Tourist Visits, this is a problem that over time is increasingly difficult to resolve, even more difficult to detect by law enforcement officials. The involvement of Indonesia in various international agreements that accommodate the ease of investment and the use of foreign labor, has made Indonesia increasingly fulfilled by investors and foreign workers. The problem of the use of foreign workers needs to be taken seriously by the government, especially in monitoring its activities while in Indonesia, so that the use of foreign labor can be beneficial for Indonesia. Giving ease of Visa Free in order to increase foreign exchange in tourism to foreigners who will enter Indonesia, of course, must be accompanied by supervision of their residence permit as a consequence of the ease of granting the Visa Free. In order for the practice of using foreign workers illegally by foreign investment companies, it can be minimized as early as possible \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"146 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":"134234179","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":"FEARING EKSISTENCE OF ARTICLE 135 OF THE INDONESIAN IMMIGRATION LAW RELATED TO PROOFING OF FALSE MARRIAGE AT IMMIGRATION CRIME","authors":"Koesmoyo Ponco Aji, A. Kurniawan","doi":"10.52617/jikk.v1i2.28","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.28","url":null,"abstract":"\u0000 \u0000Pseudo-marriage or false marriage is one type of crime that is difficult to prove, so that until now there has never been a case of pseudo marriages stated by the prosecutor's office that the enforcement of immigration laws related to pseudo marriages is in Article 135 of Law No. 6 of 2011 concerning immigration has never been done, although there have been many suspected cases of pseudo-marital acts. This is because both Foreign Citizens as Indonesian actors and Citizens who are wives or husbands who are made guarantor after making legal marriages in obtaining immigration documents and / or citizenship of the Republic of Indonesia are protecting each other so that the immigration crime cannot be requested responsibility. The proof of the elements of immigration criminal acts of apparent marriage can be seen from the notion of false marriage itself. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"25 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":"131401589","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":"INNOVATION OF TECHNOLOGY ON IMMIGRATION SERVICES, SPECIFICALLY ON MANUFACTURING A PASSPORT IN THE IMMIGRATION OFFICE WITH THE APPLICATION OF EPS SYSTEM (EXPRESS PASSPORT SERVICE)","authors":"Wilonotomo Wilonotomo, Bagas Hidayat Putra","doi":"10.52617/jikk.v1i2.38","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.38","url":null,"abstract":"\u0000 \u0000Along with the development of technology to the era of globalization as it is currently demanding every performance or human activity to be more effective and faster in its completion. Including in immigration services to Indonesian Citizens related to making passports for applicants who are increasing in number every day and are required to be faster in the settlement process in order to improve the level of performance and results of applicant satisfaction that will be achieved in immigration services. Where to achieve this goal, it is supported by a technological innovation in immigration services in making passports that produce faster and better quality output by applying an EPS (Express Passport Service) system. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"66 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":"117070759","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 ACTION ON NIGERIAN WHO EXTENDS LIMIT OF IMMIGRATION RESIDENCE PERMIT: CASE STUDIES IN IMMIGRATION OFFICE OF WEST JAKARTA","authors":"Penindakan Hukum, Bagi Warga, Negara Nigeria, Yang Melebihi, Batas Waktu, Izin Tinggal Keimigrasian, Studi Kasus, Kantor Imigrasi, Kelas I Khusus, Non Tpi, Jakarta Barat, M. A. Syahrin","doi":"10.52617/jikk.v1i2.34","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.34","url":null,"abstract":"\u0000 \u0000The increasing migration of Nigerian citizens in Indonesia has a mixed impact. Not only the economic sector, but also the increasing number of violations and immigration crimes. The Immigration Office of West Jakarta, which is the jurisdiction of the distribution of Nigerian residences, faces quite difficult problems. The formulation of the problems to be examined in this paper are as follows: (1) How do immigration actions carried out by Immigration Office of West Jakarta in resolving cases of Nigerian citizens who exceed the immigration residence permit time limit and (2) What are the obstacles faced by Immigration Office of West Jakarta in resolving the case. The research method used is qualitative empirical legal research. Based on the results of the discussion, the following legal facts are obtained. The efforts made by Immigration Office of West Jakarta in overcoming abuse of immigration permits by Nigerian citizens are divided into 2 (two) parts, namely preventive efforts and repressive efforts. Preventive efforts carried out by the Immigration Office of West Jakarta are well underway and in accordance with existing regulations. The preventive efforts are realized in 2 (two) systems, namely administrative supervision and field supervision. In addition, these preventive efforts have proven effective with quite a number of Nigerians who abuse immigration permits by the Immigration Office of West Jakarta. Then the existing repressions are felt to require changes in the granting of actions / punishments against Nigerian people who abuse immigration permits. The change is in the form of providing legal action for investigating the violators to take precedence. Because all this time what happened in the field of giving immigration action was prioritized in giving action to Nigerian people who misused immigration permits. Even though the provision of immigration actions does not give a deterrent effect to these actors. So that the impact of these actors will do the same thing again. In practice, in the field of supervision and repression of Nigerian citizens who abuse immigration residence permits carried out by the Immigration Office of West Jakarta, there must be various problems. These problems are divided into 2 (two) factors, namely from the outside and from within. The external factor itself consists of the motives of some Nigerian citizens who came to Indonesia. Then there is a fictitious sponsor that increasingly makes it difficult to trace the perpetrators of abuse of immigration permits. Furthermore, the imbalance between the area of ​​West Jakarta's work area and the number of personnel and equipment that does not support this. Then from the point of view of internal factors which are the obstacles is the lack of supporting factors in carrying out supervision and repression of Nigerian citizens who abuse immigration permits. Finally, the attitude of the immigration officers was less assertive in giving action to Nigerian citizens wh","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"3 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":"122014405","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":"HONG KONG SAR IMMIGRATION IN THE DYNAMICS OF POLITICS, POLICY AND INSTITUTION","authors":"Andry Indrady","doi":"10.52617/jikk.v1i2.22","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.22","url":null,"abstract":"\u0000 \u0000The Bureaucratic System of the Immigration Department of Hong Kong SAR is one of the legacies from British Colonial Government seen from legal and also immigration bureaucratic perspectives reflect the executive power domination over immigration policymaking. This is understandable since Hong Kong SAR adopts “Administrative State Model” which means Immigration Officer as a bureaucrat holds significant roles at both stages of policymaking and also its implementation. This research looks at transition period of the Immigration Department and its policies since the period of handover of Hong Kong SAR from the British Government to the Government of China especially throughout the concern from the public including academics about the future of immigration policies made by the Department that arguably from colonial to current being used as political and control tools to safeguard the interest of the Ruler. This situation ultimately will question the existence of Hong Kong SAR as one of the International Hub in the Era of Millennium. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"31 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":"131725868","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":"INVESTIGATION AND LEGAL ACTION TO FOREIGNERS WITHOUT PASSPORT IN INDONESIA TERITORY","authors":"M. A. Hamdi","doi":"10.52617/jikk.v1i2.27","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.27","url":null,"abstract":"\u0000 \u0000Foreigners who enter and reside in the territory of Indonesia are regulated in the law, including travel documents of the Republic of Indonesia, visas, entry marks and residence permits, immigration controls, immigration administrative actions, and investigations. However, some foreigners who have been granted permission to continue to live in the territory of Indonesia. This is one of the things that must be followed up by immigration officials. Law enforcement that can be used in the form of Criminal Law or administrative legal action and the disabling factors that intentionally do not extend the residence permit, undergo criminal proceedings, undergo criminal law, and cannot be extended for emergency reasons. The research method is a type of normative research. The problem approach uses a legislative approach and a conceptual approach. Sources of legal material used are primary and secondary. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"47 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":"127799513","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 FORENSIC SECTION AS A PREVENTIF EFFORTS: CASE STUDIES OF MALAYSIAN FAKE PASSPORT EXAMINATION ON THE NAME OF SELVARASA KRISNHA PILLAI","authors":"Urgensi Penerapan, Fungsi Seksi, Laboratorium Forensik, Keimigrasian Sebagai, Upaya Preventif, Studi Kasus Pemeriksaan, Paspor Palsu, Kebangsaan Malaysia, Atas Nama Selvarasa, Krishna Pillai, Krisnha Pillai, M. A. Syahrin, kekayaan antar Negara, maju dan Negara","doi":"10.52617/jikk.v1i2.26","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.26","url":null,"abstract":"\u0000 \u0000Increased flow of traffic in and out of Indonesia, creates a variety of immigration crime rates. Passport forgery as a crime committed by changing, changing part or all of a passport or using false information to receive a passport has now become a serious problem. At present, almost all fake passport verification processes are carried out at the Immigration Forensic Laboratory at the Directorate of Immigration Intelligence. The formulation of the problems examined in this paper are (1) how does the function of the Immigration Forensic Laboratory function function as a preventive measure? (2) How does the function of the Immigration Forensic Laboratory function function in handling Malaysian national fake passport inspection cases on behalf of Selvarasa Krishna Pillai ?. Based on the results of the study, it can be seen that the Immigration Forensic Laboratory Section plays a role in implementing immigration preventive efforts. Preventive efforts carried out by the Immigration Forensic Laboratory Section include training in fake passport detection techniques, information exchange with other countries, and the dissemination of the latest information regarding immigration. Examination of fake immigration documents The Immigration Forensic Laboratory section plays a role in carrying out its functions by conducting fake passport checks in this case. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"15 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":"130233838","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 RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA","authors":"Ali Muhammad","doi":"10.52617/jikk.v1i2.32","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.32","url":null,"abstract":"\u0000 \u0000Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values ​​of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values ​​of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"26 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":"132447782","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":"STRATEGIES TO INCREASE THE NON-TAX REVENUE OF IMMIGRATION SUBJECT TO THE PRESIDENTIAL DECREE NO.21 OF 2016 ON VISA WAIVER PROGRAM","authors":"Intan Nurkumalawati","doi":"10.52617/jikk.v1i2.25","DOIUrl":"https://doi.org/10.52617/jikk.v1i2.25","url":null,"abstract":"\u0000 \u0000This paper discusses the phenomena of Visa Waiver Program policy under the Presidential Regulation No. 21 of 2016 on Free Visa Policy in which there are 169 countries being exempted from obtaining a visa to enter the Indonesian territory. Since then, this policy affects a significant decrease of the non-tax revenue of Immigration which might cause the programs and immigration policy getting fewer. The purpose is to set up recommended strategies to raise the number of non-tax revenue of immigration and as a reference and recommendation for Directorate General of Immigration (DGI). The result shows that there are three steps and strategies in an effort to make the non-tax revenue of immigration higher: increasing the fee of the existing non-tax revenue, regulating the discrimination of fee (user charges) of the non-tax revenue, and adding categories of non-tax revenue of immigration. \u0000 \u0000 \u0000 ","PeriodicalId":187222,"journal":{"name":"Jurnal Ilmiah Kajian Keimigrasian","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133027073","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}