{"title":"ANALYSIS OF THE IMPLEMENTATION OF SELECTIVE POLICY IN STRENGTHENING OF BORDER CONTROLS AT IMMIGRATION CHECKPOINT","authors":"K. Siba, A. Wiraputra","doi":"10.52617/jlbp.v3i1.210","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.210","url":null,"abstract":"The problem of illegal immigrants has threatened the security and sovereignty of the Indonesian state. Even in 2013, the trend of illegal immigrants entering Indonesia increased by 12%. Most of them come from conflict-affected countries. Therefore, to prevent the increasing number of illegal immigrants from entering Indonesian territory, Indonesian immigration needs to strengthen border controls at the immigration checkpoints by continuing to implement immigration policy, namely selective policy. This policy only allows foreigners who provide benefits and does not endanger security and public order to be allowed to enter and reside in Indonesian territory. This policy supports the implementation of the immigration function, namely law enforcement and state security, particularly in preventing illegal immigrants who intend to enter Indonesian territory. The research method used is qualitative normative legal research with data analysis sourced from books, writings, scientific papers, and laws and regulations that are related to research.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125914278","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}
Felix Ferdin Bakker, Respati Triana Putri, Ale Alfero Deputra
{"title":"MANAGEMENT OF MONITORING AND STRENGTHENING THE ROLE OF INTELLIGENCE OF IMMIGRATION IN THE SUPERVISION OF FOREIGN WORKERS IN THE COVID-19 PANDEMIC PERIOD","authors":"Felix Ferdin Bakker, Respati Triana Putri, Ale Alfero Deputra","doi":"10.52617/jlbp.v3i1.209","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.209","url":null,"abstract":"Research on immigration surveillance and intelligence is currently minimal. The supervisory and intelligence functions are the spearhead of implementing guidance and an initial plan to get good results. In general, intelligence is a form of activity to collect data and information, then processed and presented to achieve a goal. Intelligence in the field of immigration aims to detect various threats, challenges, obstacles, and disturbances that can potentially disrupt state security and sovereignty. To obtain such data and information, intelligence activities are carried out. The use of intelligence, especially during the Covid-19 period, is meant that only helpful people can carry out activities in Indonesia, especially foreign citizens, which are expected to positively influence the Indonesian people, including in the fields of research economy, and socio-culture. This research is based on normative juridical research, namely by elaborating each material followed by an existing policy study arrangement. This is intended so that any problems in surveillance and intelligence can be magnified with existing policies. In addition, at this time, the author gives the role of the Indonesian people as a concrete step in providing information for the achievement of the objectives of immigration intelligence to obtain information material that will be considered in reaching a decision.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114414362","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":"CONTRIBUTION OF THE ROLE OF INDONESIAN IMMIGRATION IN PREVENTING AND PROTECTING HUMAN RIGHTS AGAINST NON-PROCEDURAL MIGRANT WORKERS (PMI-NP) FROM TRANSNATIONAL CRIMES","authors":"Felix Ferdin Bakker, Tony Mirwanto","doi":"10.52617/jlbp.v3i1.208","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.208","url":null,"abstract":"Immigration is a law enforcement agency that functions as a public servant. Therefore, as an institution with authority to protect the traffic of people consisting of foreign nationals and Indonesian citizens, immigration policy has a crucial position in carrying out its duties and functions. However, the position of Immigration as a public servant with a human security aspect results in a consequence that must be taken, namely making a policy that balances service and in-depth supervision. Especially for Indonesian migrant workers who will work abroad. So Immigration is obliged to make various surveillance innovations as a contribution in terms of early detection both in terms of policies, regulations, technology, as well as improving the human resources of immigration officers in supervising migrant workers who are leaving, namely following procedures so that in the future it does not cause new problems in particular. Involved and entered into transnational crime both as victims and even perpetrators. This research is based on the writer's concern about the situation of PMI, considering that the migrant sector is one of the critical aspects in facilitating the country's development following the function of Immigration. This study uses a normative juridical method based on literature study materials and comparisons of policies taken with qualitative data. It is hoped that with this research, policy and technological innovation will contribute both legally and socially to the mitigation of the presence of undocumented migrant workers.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125872721","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":"TOWARDS A NEW NORMAL ERA: IMPLEMENTATION OF IMMIGRATION FUNCTION DURING THE COVID-19 PANDEMIC IN INDONESIA","authors":"Bima Yosua A Tarigan, F. Wajidi, K. Karina","doi":"10.52617/jlbp.v3i1.206","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.206","url":null,"abstract":"Immigration functions include immigration services, law enforcement, state security, and facilitating community welfare development. The implementation of these functions is carried out by the Directorate General of Immigration, which carries out the task of guarding the country's gates. However, during the Covid-19 pandemic, the Directorate General of Immigration is expected to be able to carry out the immigration function without neglecting the spread of the Covid-19 virus that is currently sweeping the world. Not to mention that there are problems that can threaten state security and national sovereignty as well as the decline in the country's economy during this pandemic. The formulation of the problem that will be examined in this paper is what forms of immigration function carried out by the Directorate General of Immigration and how the implementation of the implementation of the immigration function carried out during the Covid-19 pandemic. This writing uses a qualitative research method with a qualitative descriptive approach with combined data collection (inductive/qualitative). From the research results, it is known that the Covid-19 pandemic resulted in various policy changes that had an impact on the implementation of the immigration function. This issue must encounter by Directorate General of Immigration as an institution that is authorized to carry out the immigration function in Indonesia.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124719589","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":"CONDITIONS, PROBLEMS, AND SOLUTIONS OF ASSOCIATES AND INTERNATIONAL REFUGEES IN INDONESIA IN THE PERSPECTIVE OF NATIONAL LAW AND INTERNATIONAL LAW","authors":"Bima Yosua A Tarigan, M. Alvi Syahrin","doi":"10.52617/jlbp.v3i1.205","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.205","url":null,"abstract":"This paper discusses that Indonesia which is not a contracting state to the 1951 Refugee Convention and 1967 Protocol, but still respect human rights of asylum seekers and international refugees on the principle of non-refoulement. By being unable to refuse the asylum seekers, it will result in the accumulation of those who have the potential to disturb the security and order of the Indonesian people. This paper aims to identify conditions, problems, and provide solutions for asylum seekers and refugees in Indonesian territory from the perspective of national law and international law. This writing uses a normative research method with a juridical-normative approach, which refers to the prevailing laws and regulations. The solution that can be provided is the establish regulations regarding the handling of asylum seekers and refugees, improving communication with the main destination countries, conduct training for officer in dealing with asylum seekers and refugees, and optimally applying the Global Compact on Refugee concept. The results of this paper indicate that national law and international law can provide protection for asylum seekers and refugees.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121090799","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":"REGULATORY ENTITIES IN THE CHECK SYSTEM IN THE IMMIGRATION LAW FROM THE IMPOSITION OF IMMIGATION ADMINISTRATIVE MEASURES AGAINST THE CASE OF DJOKO CHANDRA","authors":"Ade Daud Iqbal, Anita Herlina","doi":"10.52617/jlbp.v3i1.204","DOIUrl":"https://doi.org/10.52617/jlbp.v3i1.204","url":null,"abstract":"The traffic of people going out or entering the territory between countries has various kinds of impacts, these impacts can be god or bad for the region. Or in other cases even the citizens themselves who cause bad effects for their own country. Therefore, Immigration has regulations to deal with problems that come either from foreigners or Indonesian citizens themselves. One of them is regarding the administrative immigration action for anyone who violates the applicable laws and regulations. As for other regulations, with the existence of a Block or Prevention and Determination system that contains anyone who is refused entry or exit from Indonesian territory with a certain reason that is included in a list. Djoko Chandra. This shows that the immigration actions implemented by immigration must always be improved and carried out with full integrity in superior human resources and coordination between ministries / agencies that have authority.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126177809","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 URGENCY TO STRENGTHEN THE INTEGRATION OF THE INDONESIAN BORDER AGENCIES TO REDUCE CASES OF ILLEGAL IMMIGRANTS","authors":"Sania Nizar Putri Ashari, W. Widayat","doi":"10.52617/jlbp.v2i2.202","DOIUrl":"https://doi.org/10.52617/jlbp.v2i2.202","url":null,"abstract":"The opening of access to national borders in globalization era in the context of global level cooperation has caused many foreign citizens to migrate to other countries. Thus, various threats of crime and criminal acts are a challenge that must be given more attention, because state borders also involve state sovereignty and the security of a country. Likewise with Indonesia which borders many countries, making Indonesia vulnerable to the problem of illegal immigrants entering the territory of the country. Illegal immigrants are a definite threat because they have the potential to commit crimes, drug trafficking, people smuggling, prostitution, and even other crimes.Indonesia has various kinds of institutions that have the authority to guard borders, such as the Police, the Indonesian National Army, Immigration, and the Maritime Security Agency of the Republic of Indonesia, in practice these border control agencies carry out their respective duties and functions, and until 2020 various collaborations have been carried out. between these institutions in carrying out their duties, however, cases of illegal immigrants are still widely found and occur on the Indonesian border, so that the urgency to strengthen the integration between the border supervisors to maximize supervision of the Indonesian border does indeed exist and must be realized immediately.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121304889","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":"CONCRETIZE THE HANDLING AND PROTECTION OF REFUGEES ACROSS NATIONAL BORDERS IN INDONESIA","authors":"Respati Triana Putri, Febri Tursandi Ar-Rasyid","doi":"10.52617/jlbp.v2i2.201","DOIUrl":"https://doi.org/10.52617/jlbp.v2i2.201","url":null,"abstract":"This paper was written to find out the state of application of international legal instruments regarding refugee cases in a cross-brick country and to find out why there was a flow of refugees across Indonesian borders. By conducting studies in several libraries so that a written paper is created which has several important points, namely first, the State of Indonesia as a developing country does not have to justify the contents of the 1951 convention and the 1967 Protocol, because the Indonesian state has practiced the contents of the international agreements that have been mentioned. And refugees will continue to enter and make Indonesia a transit point to occupy destination countries that have been targeted by refugees. Second, cooperation between the Indonesian government and international institutions such as IOM and UNHCR is believed to be able to solve the problem of refugees which continues to be present in the territory of the State of Indonesia even though in practice it is often problematic in the realm of immigration because there is no governing law in Indonesia or the Indonesian authorities that determine it. Refugee status for those who enter Indonesian territory without holding official letters or documents related to entry into Indonesian territory. Therefore, the Immigration Service classifies them as legal immigrants if they are part of the refugees and cooperate with UNHCR, which is an international institution as a follow-up to determine the status of immigrants.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133122567","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":"IMPLEMENTATION OF CROSS-MINISTRY AND INSTITUTIONAL COOPERATION ON THE ERADICATION OF CORRUPTION IN INDONESIA IN THE FRAMEWORK OF UNCATOC & UNCAC AND ITS RELATIONSHIP WITH THE IMMIGRATION LAW","authors":"Rafsanjani Is Marus, Wahyu Eka Putra","doi":"10.52617/jlbp.v2i2.200","DOIUrl":"https://doi.org/10.52617/jlbp.v2i2.200","url":null,"abstract":"The international community, including Indonesia, agrees that corruption is a serious crime that can be transnational, therefore cooperation between countries is needed. Cooperation can be done bilaterally, regionally or multilaterally. Cooperation will be more solid if these countries have the same commitment to eradicating corruption, one of which is realized by ratifying UNCATOC & UNCAC, then harmonizing the laws and regulations in their countries so that they can implement the anti-corruption guidelines properly. Immigration has become one of the fulcrums of national interests. The form of coordination and cooperation with DITJENIM is often carried out by certain ministries or agencies in the event that the perpetrator of the corruption crime has fled abroad through the track record of crossing in the immigration database. This research uses a statute approach and a conceptual approach. This study found that the handling of corruption cases must pay attention to quality and be able to provide a deterrence effect. There are various provisions, then a collective agreement is made to strengthen cohesiveness and togetherness in the eradication of corruption, which in turn will have a positive impact in optimizing the eradication of corruption in Indonesia.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"12 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131574442","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":"ADMINSTRATIVE POLICY IMMIGRATION AND THE URGENCY OF IMPLEMENTATION IN INDONESIA","authors":"Olyvia Sindiawaty, Maidah Purwanti","doi":"10.52617/jlbp.v2i2.199","DOIUrl":"https://doi.org/10.52617/jlbp.v2i2.199","url":null,"abstract":"Immigration Administrative Policy or commonly known as TAK, is a right that can be carried out by the immigration authorities in providing an action on a problem faced in order to maintain the sovereignty of the Unitary Republic of Indonesia. The existence of this action certainly gives the authority to deal with the State of Foreign Affairs (WNA) which is quite extensive but aimed at the same results, namely deportation or ending in jail. It is undeniable, that there are still many important points in Law No. 6 of 2011 which still need a lot of explanation, as well as leading to the Immigration Adminstrative Act. The process of investigating perpetrators of violations of the Immigration Act is carried out based on the provisions in the Criminal Procedure Code as a lex generalis and the Immigration Act as a lex specialis. In carrying out immigration law enforcement functions, there are still constraints faced by PPNS. Immigration includes lack of knowledge, lack of operational funds, lack of community participation in reporting the presence of foreigners in their environment, weak coordination with other legal apparatuses and obstacles originating from legal factors that are still taken lightly . It is hoped that the writing of this paper will awaken various parties who still view the immigration law as one eye, because immigration is an important thing for a country to maintain the country's sovereignty. Legal services through a variety of actions, one of which is the Immigration Administration.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"438 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123054000","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}