Journal of Law and Border Protection最新文献

REALIZATION OF EXTRADITION BASED ON UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE ROLE OF IMMIGRATION IN IMPLEMENTATION 根据《联合国打击跨国有组织犯罪公约》实现引渡和移民在执行中的作用

Journal of Law and Border Protection Pub Date : 2022-05-23 DOI: 10.52617/jlbp.v4i1.287

Dwi Nuryani

{"title":"REALIZATION OF EXTRADITION BASED ON UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE ROLE OF IMMIGRATION IN IMPLEMENTATION","authors":"Dwi Nuryani","doi":"10.52617/jlbp.v4i1.287","DOIUrl":"https://doi.org/10.52617/jlbp.v4i1.287","url":null,"abstract":"Extradition is a path taken by countries that want to return criminals to the locus delicti country. Extradition is carried out based on an extradition treaty bilaterally or multilaterally, if there is no agreement, extradition can be carried out on the basis of good relations and if the interests of the country so desire. There are several guiding principles in the implementation of extradition in Indonesia, which are contained in Law no. 1 of 1979 concerning extradition. In addition, Indonesia is also one of the countries that ratify UNCATOC which in article 16 regulates or discusses extradition. The Directorate General of Immigration is a government agency that has duties and functions in terms of traffic of people leaving or entering the territory of Indonesia, in the implementation of these duties and functions there are intersections or benefits in the implementation of extradition which can provide information on Indonesian citizens or foreigners in terms of traffic of people. entering and leaving the territory of Indonesia, providing assistance in the form of travel letters to suspected perpetrators of crimes, including them on the list of prevention and deterrence, coordinating with state representatives abroad or immigration attaches in the diplomatic process, and much more. There for immigration is an institution that has an important role in the implementation of extradition because it relates to other countries which are included in the duties, functions, and powers of immigration.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133737575","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}

引用次数: 0

HANDLING OF REFUGEES AND ASYLUM SEEKERS AT IMMIGRATION DETENTION HOUSES IN INDONESIA BASED ON INTERNATIONAL REFUGE LAW PROVISIONS 根据国际避难法规定在印度尼西亚的移民拘留所处理难民和寻求庇护者

Journal of Law and Border Protection Pub Date : 2022-05-23 DOI: 10.52617/jlbp.v3i2.284

M. Alfarizi, Asto Yudho Kartiko, Dwi Nuryani

引用次数: 1

THE PROBLEMS OF HUMAN TRAFFICKING AS TRANSNATIONAL CRIMES IN THE PERSPECTIVE OF IMMIGRATION AND INTERNATIONAL LAW 从移民和国际法的角度看作为跨国犯罪的人口贩运问题

Journal of Law and Border Protection Pub Date : 2022-05-17 DOI: 10.52617/jlbp.v4i1.289

Respati Triana Putri, Felix Ferdin Bakker, D. Chairunnisa

{"title":"THE PROBLEMS OF HUMAN TRAFFICKING AS TRANSNATIONAL CRIMES IN THE PERSPECTIVE OF IMMIGRATION AND INTERNATIONAL LAW","authors":"Respati Triana Putri, Felix Ferdin Bakker, D. Chairunnisa","doi":"10.52617/jlbp.v4i1.289","DOIUrl":"https://doi.org/10.52617/jlbp.v4i1.289","url":null,"abstract":"Globalization on an international scale has an impact on progress in the fields of information technology, communication, and transportation, making borders between countries depleted or borderless. This has become a principle in the international legal order, especially regarding the concept of state sovereignty. Every country in various parts of the world has been guaranteed in international law and has the exclusive right to exercise the sovereignty of its country without being able to be intervened by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes creates a new problem. Like Human Trafficking or human trafficking. The author will discuss Human Trafficking in the perspective of immigration and international law, including the function of immigration as a government agency that oversees the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on juridical and empirical normative research, namely by elaborating each material followed by observing the study of existing policies and regulations. This is intended so that this crime, namely human trafficking, can be elaborated with existing national and international legal policies and from an immigration perspective.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128898543","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}

引用次数: 1

SUPERVISION OF FOREIGNERS ACCORDING TO THE IMMIGRATION LAW IN FACING POTENTIAL THREATS TO INDONESIA'S NATIONAL SECURITY 根据移民法监管外国人面对印尼国家安全的潜在威胁

Journal of Law and Border Protection Pub Date : 2022-05-17 DOI: 10.52617/jlbp.v4i1.288

Ghozy Prananda Fakhruddin, Ale Alfero Deputra, Adhitya Antomarta

{"title":"SUPERVISION OF FOREIGNERS ACCORDING TO THE IMMIGRATION LAW IN FACING POTENTIAL THREATS TO INDONESIA'S NATIONAL SECURITY","authors":"Ghozy Prananda Fakhruddin, Ale Alfero Deputra, Adhitya Antomarta","doi":"10.52617/jlbp.v4i1.288","DOIUrl":"https://doi.org/10.52617/jlbp.v4i1.288","url":null,"abstract":"This paper aims to find out the national security threats that may occur with the presence of foreigners in Indonesia and the supervision of foreigners according to the immigration law in the face of potential national security threats in Indonesia. The writing of this paper uses a normative juridical approach, which is a method for studying theories, legal principles, and laws and regulations relevant to research. The data collection method used is literature study. The author conducted a literature study of laws and regulations, immigration journals, and books related to immigration. Data analysis uses qualitative normative data analysis techniques. The results of this study show that the potential security threat of Indonesia with foreigners is a form of transnational organized crime (TOC), such as Cyber Crime, Human Trafficking, terrorism, drug trafficking, and money laundering (Money Laundry). The form of immigration supervision that can be carried out due to the potential threat is administrative supervision and field supervision. In addition, to develop the advancement of science and technology, the existence of a Foreigner Reporting Application (APOA) is targeted at hotel or lodging management to provide their access waivers. APOA serves to provide reports regarding the presence of foreigners to the local immigration office. Another form of immigration supervision is the presence of the TIMPORA ForeignEr Supervision Team assigned with the aim of supervising and cracking down on foreign nationals in indonesia's administrative regions","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122383701","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}

引用次数: 0

THE ROLE OF INDONESIAN GOVERNMENT DIPLOMACY AND INTERNATIONAL LAW IN BUSINESS PROVIDING PROTECTION FOR INDONESIAN MIGRANT WORKERS 印度尼西亚政府外交和国际法在为印度尼西亚移民工人提供保护的商业中的作用

Journal of Law and Border Protection Pub Date : 2022-05-17 DOI: 10.52617/jlbp.v4i1.290

Felix Ferdin Bakker, Muhammad Brian Dananjaya

引用次数: 0

ANALYSIS OF THE APPLICATION OF LABELLING THEORY IN INDONESIAN IMMIGRATION GLASSES: A CASE STUDY OF NIGERIAN DIPLOMATS WHO ARE SUSPECTED TO BE VICTIMS OF "MURSERY" BY THE IMMIGRATION OFFICERS IN SOUTH JAKARTA 标签理论在印尼移民中的应用分析:以被怀疑是南雅加达移民官员“谋杀”受害者的尼日利亚外交官为例

Journal of Law and Border Protection Pub Date : 2022-05-13 DOI: 10.52617/jlbp.v3i2.283

Hana Farah Dhiba, Fachrizza Sidi Pratama, Rafsanjani Ismarus

{"title":"ANALYSIS OF THE APPLICATION OF LABELLING THEORY IN INDONESIAN IMMIGRATION GLASSES: A CASE STUDY OF NIGERIAN DIPLOMATS WHO ARE SUSPECTED TO BE VICTIMS OF \"MURSERY\" BY THE IMMIGRATION OFFICERS IN SOUTH JAKARTA","authors":"Hana Farah Dhiba, Fachrizza Sidi Pratama, Rafsanjani Ismarus","doi":"10.52617/jlbp.v3i2.283","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.283","url":null,"abstract":"The misunderstanding of the video footage of Immigration officers checking Nigerian foreigners which went viral on social media which then created various speculations and misunderstandings in the community. However, the circulating footage only shows when the officers fought and defended themselves against the foreigner and the foreigner shouted \"I can't breathe, I can't breathe\" thus making the atmosphere cloudy. The case of alleged mistreatment of Nigerian diplomats by unscrupulous immigration officers has attracted public attention and has become a trending topic in various media. This indirectly causes various versions of the series of events that appear on social media. Our society and Indonesian immigration officers are applying the theory of labeling sequentially, the process starts with the primary deviance, namely by naming Nigerian citizens as rioters or perpetrators of violations and secondary deviance applies because since the label was given to Nigerian citizens, the level of crimes committed has increased and always there every year. the second reaction is that the community is against it, this happens because they have a negative stigma and give a bad label to black citizens including Nigerian citizens. Therefore, they confirmed that in handling and securing the Nigerian citizens, immigration officers had to use violence for fear of unwanted things such as the WN running away, rebelling and the like.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130098796","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}

引用次数: 0

IMMIGRATION ADMINISTRATIVE ACTION LEGAL PORTRAIT 移民行政行为法律画像

Journal of Law and Border Protection Pub Date : 2022-05-01 DOI: 10.52617/jlbp.v4i1.285

I. Kresna, Ridha Nikmatus Syahada, M. Alfarizi

{"title":"IMMIGRATION ADMINISTRATIVE ACTION LEGAL PORTRAIT","authors":"I. Kresna, Ridha Nikmatus Syahada, M. Alfarizi","doi":"10.52617/jlbp.v4i1.285","DOIUrl":"https://doi.org/10.52617/jlbp.v4i1.285","url":null,"abstract":"The increasing era of globalization which causes traffic flow of people entering and leaving the territory of Indonesia. Selective Policy is one way to overcome the problem of traffic in people where this policy only allows foreign nationals who can provide benefits and do not interfere with state security who are allowed to enter Indonesian territory. To ensure that it is more effective, it is also necessary to implement a policy of providing appropriate Immigration Administrative Actions to suppress the increase in cases of immigration violations. This study, entitled Portrait of Immigration Administrative Action Law, will discuss the types of Immigration Administrative Actions and law enforcement efforts against immigration administrative actions. The purpose of this study was to determine the types and efforts of law enforcement against Immigration Administrative Actions. In this study using normative research methods because it is only aimed at written regulations so that this writing is very closely related to the library. This study explains that there are various types of Immigration Administrative Actions that are adapted to the types of violations committed by Foreign Citizens and the law enforcement efforts provided can be classified into two, namely in addition to being subject to Immigration Administrative Actions, immigration crimes can also be imposed to provide a deterrent effect to violators","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"387 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125735383","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}

引用次数: 1

HANDLING OF FOREIGN REFUGEES IN PANDEMIC TIMES IN CRIMINOLOGICAL THEORY PERSPECTIVE (CASE STUDY OF THE ENVIRONMENT OF SIRIH GARDEN, JAKARTA 从犯罪学理论的角度看待流行病时期外国难民的处理(以雅加达sirih花园的环境为例)

Journal of Law and Border Protection Pub Date : 2021-12-13 DOI: 10.52617/jlbp.v3i2.282

Fachrizza Sidi Pratama, Hana Farah Dhiba, Rafsanjani Ismarus

{"title":"HANDLING OF FOREIGN REFUGEES IN PANDEMIC TIMES IN CRIMINOLOGICAL THEORY PERSPECTIVE (CASE STUDY OF THE ENVIRONMENT OF SIRIH GARDEN, JAKARTA","authors":"Fachrizza Sidi Pratama, Hana Farah Dhiba, Rafsanjani Ismarus","doi":"10.52617/jlbp.v3i2.282","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.282","url":null,"abstract":"In Indonesia, more than 13,645 confirmed cases and the death toll reached 959 victims. In suppressing the number of spreads, the government has issued various policies with WHO standards, one of which is large-scale social restrictions (PSBB) by limiting community activities and movements as an effort to quarantine a region's health while still mobilizing basic needs for Indonesian citizens (WNI) and other citizens. affected foreigners. In the midst of the condition of the spread of the Covid-19 virus, which does not look at who will be infected, there is a group of people who have been neglected and have not been touched by much assistance from the government. They are refugees and asylum seekers residing in Indonesian territory. Being a complex problem, in the absence of domestic laws that regulate the problem of handling refugees, as well as the condition of refugees who have a high level of infection with Covid-19, this causes an anomaly in the enforcement of human rights (HAM). The Indonesian government in handling the Covid-19 pandemic should ensure that all levels of society are made a top priority, including refugees. The provision of access to social assistance is also considered, such as the provision of adequate shelter rooms, food supplies, personal protective health equipment (masks, antiseptics), as well as medical services and facilities.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133638040","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}

引用次数: 0

URGENCY OF LEGAL CONSEQUENCES TO THE ABSENCE OF PROVISIONS FOR THE PERIOD OF IMPLEMENTATION OF DEPORTATIONS IN IMMIGRATION LAW 移民法中缺乏关于执行驱逐期间的规定所造成的法律后果的紧迫性

Journal of Law and Border Protection Pub Date : 2021-12-13 DOI: 10.52617/jlbp.v3i2.281

Asto Yudho Kartiko, M. Alfarizi

引用次数: 0

IMMIGRATION LAW PERSPECTIVE ON FOUNDED CHILD WHO COMPLETE IMMIGRATION CRIME IN INDONESIA 印尼成家儿童移民犯罪的移民法视角

Journal of Law and Border Protection Pub Date : 2021-12-13 DOI: 10.52617/jlbp.v3i2.280

M. A. Ghazy, Sania Nizar Putri Ashari

引用次数: 0