Journal of Law and Border Protection最新文献

{"title":"Implementation of Selective Policy in Granting State Enterprises License Calling Visa in Anticipating Immigration Violations at Immigration Examinations","authors":"Ale Alfero Deputra, Bima Yosua A Tarigan","doi":"10.52617/jlbp.v3i2.277","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.277","url":null,"abstract":"State guests from calling visa countries come to Indonesia through the Immigration Checkpoint without a visa and are granted an entry permit on condition that they have clear recommendations. This policy is given based on the consideration of the competent authorities in order to support good bilateral cooperation between countries. The research method used is empirical normative legal research which is descriptive qualitative in nature by collecting data by collecting legal materials by identifying and analyzing laws and regulations, field data, library materials (books, scientific papers, articles), and other sources. other legal materials that are still relevant in this study. This research was conducted to determine the implementation of selective policies in granting entry permits for state guests (VVIP and VIP) from calling visas in anticipation of immigration violations at the Immigration Checkpoint and to find out the relationship between the selective policy and the applicable law. From the results of the study, it was found that the selective policy as a principle in granting entry permits for state guests calling visas still pays attention to the balance between the security approach and the welfare approach where the procedure is contained in the Regulation of the Minister of Law and Human Rights.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"71 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":"124876558","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":"Optimization of Strategic Policy for the Prevention and Law Enforcement of the Crime of People Smuggling","authors":"Wilda Ramadhani Mansur, Adhitya Antomarta","doi":"10.52617/jlbp.v3i2.279","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.279","url":null,"abstract":"People smuggling as one of the transnational crimes that threatens Indonesia is still a global problem that is still difficult to find a way out. In addressing this issue, Indonesia must adhere to the precautionary principle but still prioritize state security. This study aims to determine the practice of people smuggling in Indonesia, how to regulate criminal acts and the formulation of policies related to people smuggling in Indonesian national law. This writing uses a juridical-normative approach through collecting data and library materials relevant to the topic of this research. From the results of the study, it was found that border control policies, deportation policies and legalization policies, as well as inspection policies on work locations, raids, and strict sanctions against perpetrators of people smuggling agents need to be carried out in the context of law enforcement against people smuggling crimes. In this case, the government through immigration as the relevant agency needs to conduct a study and draft special legal rules for people smuggling in Indonesia.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"29 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":"121990538","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":"OPTIMIZATION OF IMMIGRATION FUNCTIONS ON HUMAN TRAFFICKING THROUGH SELECTIVE POLICY","authors":"Esla Wira Yustisia Putri, Mita Apriyana Sari, M. A. Hamdi","doi":"10.52617/jlbp.v3i2.276","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.276","url":null,"abstract":"Indonesia is involved in accelerating the mobilization of people between countries as a result of the rapid growth of globalization. However, the circulation of the world's population raises some serious problems, one of which is human trafficking. Human trafficking has become a successive problem in the international arena that has not been found to be resolved. International conventions and the Indonesian government have issued several regulations that are used to combat human trafficking. World problems that occur especially in border areas involve the role of immigration in neutralizing world crime, in this case the problem of human trafficking, which is reflected in the immigration function in Law No. 6 of 2011. This cross-border crime is a crucial problem that poses a challenge to immigration in particular. Indonesian immigration authorities in optimizing the selective policy. Selective Policy is one of the implementations of the immigration function in maintaining state security and upholding state sovereignty. This selective policy is used by immigration officers in carrying out their duties and functions to regulate the entry and exit of a person from a country, especially Indonesia. \u0000 ","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133649488","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":"PERAN INTELEJEN KEIMIGRASIAN DALAM UPAYA PENCEGAHAN KEJAHATAN TANSNASIONAL DI INDONESIA","authors":"Adhitya Antomarta, Wilda Ramadhani Mansur","doi":"10.52617/jlbp.v3i2.275","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.275","url":null,"abstract":"Crime is increasing in this day and age. Not only a crime in the real world but also in cyberspace such as hacking, cyber crime, and others. Which in the end has the potential to give birth to a sense of discomfort in social life. Indonesia as a sovereign country, the drafting of government regulations is based on the 1945 Constitution of the Republic of Indonesia. As a sovereign country, the Republic of Indonesia in its legal development cannot be separated from the laws governing foreigners, besides that it also regulates Indonesian citizens. The immigration control function plays an important role in maintaining the security and security of the country from all forms of internal and external disturbances. In this study, we will discuss the role of Immigration Intelligence in monitoring foreigners and the obstacles and steps that must be faced by the Directorate General of Immigration in carrying out the function of Immigration Intelligence. In this study, the author uses a qualitative approach by collecting and utilizing information and data related to the problems discussed. The role of intelligence in the supervision of foreigners is certainly in line with the immigration function, namely supervision where this is due. In connection with this supervision, some of the obstacles experienced become obstacles, namely the UPT which is still not developed evenly in every cross-border city in Indonesia, the quality of the employees who are also still not good at carrying out the assigned tasks, regulations that are still incomplete in carrying out the tasks assigned to them. manage foreigners. With some of these obstacles, it is not an excuse for the Directorate General of Immigration to supervise foreigners, the Directorate General of Immigration also takes steps in an effort to supervise foreigners by issuing policies called selective policies. With these policies, it is hoped that the supervision of foreigners in immigration intelligence can run well and all existing obstacles will be overcome. Suggestions that can be conveyed by the author is the supervision of the implementation of the policies issued and the improvement of human resources.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121623408","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":"Enforcement of Immigration Law Against Human Smuggling Especually Illegal Foreign Labor in Indonesia : Normative – Empiric Axiology","authors":"Fajar Dimas N. I, M. I. Singke","doi":"10.52617/jlbp.v3i2.278","DOIUrl":"https://doi.org/10.52617/jlbp.v3i2.278","url":null,"abstract":"Transnational crime has the potential to occur in Indonesia, which is a developing country. Transnational crime is not only driven by the free trade factor and weak law enforcement in Indonesia, but also by the geographical area of ​​Indonesia itself. In the midst of many national problems that are currently happening and require serious attention, one of the serious concerns is people smuggling or people smuggling. Law enforcement against immigration crimes, especially the problem of misuse of foreign workers' residence permits by law enforcement officers, especially PPNS investigators is still very weak. This can be seen in the development of the issue of illegal foreign workers which is being discussed in the community. This situation needs serious attention from the government, especially law enforcement. Enforcement of illegal foreign workers can be carried out administrative actions in the form of paying fees/fines, deportation, revocation of business licenses, and if the conditions for employing foreign workers are not met, the licensing agency can repatriate foreign workers to their countries of origin, and deterrence or criminal sanctions with the threat of imprisonment. The policy of determining in the future should stipulate a special minimum and a special maximum in criminal sanctions, in addition to mapping the division of roles so that there is no generalization of the imposition of criminal sanctions accompanied by the determination of criminal rules that are oriented towards smugglers and the people being smuggled.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129712518","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 ROLE OF IMMIGRATION TOWARD THE CRIMINAL ACTS OF CORRUPTION AS ORGANIZED TRANSNATIONAL CRIME BASED ON UNTOC'S","authors":"Jayadi Al Amien, W. Widayat","doi":"10.52617/jlbp.v3i1.212","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.212","url":null,"abstract":"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.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114195985","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 IN IMMIGRATION CHECKPOINT AS AN IMPROVEMENT OF INDONESIAN'S SOCIETY WELFARE","authors":"Binsar Bonardo Sianturi, Devina Yuka Utami","doi":"10.52617/jlbp.v3i1.207","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.207","url":null,"abstract":"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.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134064847","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":"REINFORCEMENT THE ROLE OF INTELLIGENCE THROUGH SURVEILLANCE POSTS IN EACH WORK AREA OF THE IMMIGRATION OFFICE","authors":"S AchmadSetiawan","doi":"10.52617/jlbp.v1i1.153","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.153","url":null,"abstract":"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.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130052290","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":"INDONESIA'S NATIONAL POLICY ON INTERNATIONAL MIGRATION","authors":"K. Karina, Maidah Purwanti","doi":"10.52617/jlbp.v3i1.213","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.213","url":null,"abstract":"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.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117108335","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":"RESPONSE TO REFUGE ISSUES IN INDONESIAN IMMIGRATION LENS IN IMMIGRATION DETENTION HOUSES","authors":"Hana Farah Dhiba, Wahyu Eka Putra","doi":"10.52617/jlbp.v3i1.211","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.211","url":null,"abstract":"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.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116258667","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}