Journal of Law and Border Protection最新文献

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The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia 外国人根据澳大利亚政策寻求保护的处理影响及其对印尼的影响
Journal of Law and Border Protection Pub Date : 2019-12-23 DOI: 10.52617/jlbp.v1i2.172
F. Wajidi, M. A. Syahrin
{"title":"The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia","authors":"F. Wajidi, M. A. Syahrin","doi":"10.52617/jlbp.v1i2.172","DOIUrl":"https://doi.org/10.52617/jlbp.v1i2.172","url":null,"abstract":"The existence of a conflict that occurs in a country makes the citizens of the country feel uncomfortable with their country so that some of them decide to run for protection. The flight has an influence on the State of Australia because it is one of the countries that are the destination countries for Asylum Seekers and so on. This then made the State of Australia make a policy in terms of maintaining sovereignty and fighting human rights crimes such as trafficking and people smuggling. The policy is Operation Sovereign Borders which turns out to experience a conflict harvest because it is not in accordance with the requirements of international law. The ratification of this policy aims at how to handle protection seekers in accordance with the requirements of International Law and law enforcement in the event of a violation based on the Operation Sovereign Borders policy. Writing KTI uses the normative juridical method. The specifications used are descriptive-analytic. Then the data used is secondary data. In its implementation, Operation Sovereign Borders is still inappropriate so that it violates the sovereignty of the Republic of Indonesia and violates the ethics of neighboring countries (good neighborliness), besides that it also violates the principles of international law contained in the 1952 Convention and instruments of International Human Rights (non-refoulement principle)","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131638241","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 Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions 在移民刑事诉讼中实施调查和调查作为执法努力的移民公务员调查员权力
Journal of Law and Border Protection Pub Date : 2019-12-23 DOI: 10.52617/jlbp.v1i2.173
Ridha Nikmatus Syahada, M. Alfarizi
{"title":"Immigration Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions","authors":"Ridha Nikmatus Syahada, M. Alfarizi","doi":"10.52617/jlbp.v1i2.173","DOIUrl":"https://doi.org/10.52617/jlbp.v1i2.173","url":null,"abstract":"Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124621432","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
Case Of Disclosure Of Human Smuggling Network By Police In Dumai In The Lens Of Immigration Crackdown 从打击移民行动看杜迈警方揭露人口走私网络案例
Journal of Law and Border Protection Pub Date : 2019-12-20 DOI: 10.52617/jlbp.v1i2.171
Fachrizza Sidi Pratama, A. Wiraputra
{"title":"Case Of Disclosure Of Human Smuggling Network By Police In Dumai In The Lens Of Immigration Crackdown","authors":"Fachrizza Sidi Pratama, A. Wiraputra","doi":"10.52617/jlbp.v1i2.171","DOIUrl":"https://doi.org/10.52617/jlbp.v1i2.171","url":null,"abstract":"Globalization has an influence on the implementation of relations between countries, between peoples, and between individuals become closer, influenced and dependent so as to create a condition of the borderless world. This is reinforced by the emergence of a crime phenomenon that crosses the borders of a country, known as Transnational Organized Crime. One form of transnational crime that became the main discussion in this journal is Smuggling of Migrants or Human Smuggling conducted in the territory of Indonesia. The cases raised are implementation and handling, especially those that have been implemented by the Police of the Republic of Indonesia in Dumai in 2017 which will be based on the point of view of immigration enforcement.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125100759","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
(Analysis of Stateless Person and Dual Nationality Children in the Perspective of Indonesian Immigration) (印尼移民视角下的无国籍人与双重国籍儿童分析)
Journal of Law and Border Protection Pub Date : 2019-12-19 DOI: 10.52617/jlbp.v1i2.170
Della Palupi Anggraeni, Tony Mirwanto
{"title":"(Analysis of Stateless Person and Dual Nationality Children in the Perspective of Indonesian Immigration)","authors":"Della Palupi Anggraeni, Tony Mirwanto","doi":"10.52617/jlbp.v1i2.170","DOIUrl":"https://doi.org/10.52617/jlbp.v1i2.170","url":null,"abstract":"Citizenship is the right of everyone without exception. With citizenship, a person will get certainty and protection from a country. The nationality of a person has been recognized in international conventions. With the convention, there should be no individual who lives without citizenship status or is commonly referred to as a stateless person. However, even though there has been an international agreement regulating the status of a Stateless Person according to international rules, the existence of a permanent stateless person inhabits the sovereign area of a country. Even the rights they have to become a Stateless Person are often violated by the country where the Stateless Person is located. Apart from stateless persons, another problem regarding citizenship is the existence of dual citizenship or what is called a bipartite. In Indonesia, there is no dual citizenship, but limited dual citizenship. This has been regulated in Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia. Stateless persons and children with dual nationalities are often problems that need attention.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125135418","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
Duties and Functions of Immigration Attache and Immigration Technical Staff 入境事务参赞及入境事务技术人员的职责及职能
Journal of Law and Border Protection Pub Date : 2019-12-18 DOI: 10.52617/jlbp.v1i2.165
Asto Yudho Kartiko, Anita Herlina
{"title":"Duties and Functions of Immigration Attache and Immigration Technical Staff","authors":"Asto Yudho Kartiko, Anita Herlina","doi":"10.52617/jlbp.v1i2.165","DOIUrl":"https://doi.org/10.52617/jlbp.v1i2.165","url":null,"abstract":"The era of Globalization has a possibility for us as a human an easy way and flexibility almost in every kind of sections. It is also made things easier for us in benefit of technology advance in every sections. After that, one of our convenience is that we could stay or live in another country. When it comes to live in another country we as a foreigner is far from reach of our homeland, in other words we’re not under our homeland protection no more. Therefore, there’s Embassy as a representation of a foreign country in another nation. Besides, Embassy also needs an expert on every sections. Because of that, it is need an officials that have an expert on specific sections that called Embassy Attaché. One of those sections that has an officials or Embassy Attaché is Immigration’s section. Immigration section’s Attaché had a spesifical task and function simply and solely is on Immigration things such a passport services, self reporting, also Official Passports renewal.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133713455","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 Detention Supervision Urgency 移民拘留监管
Journal of Law and Border Protection Pub Date : 2019-05-28 DOI: 10.52617/jlbp.v1i1.155
Cinde Salsabiil, Dwi Nuryani, Happy Herlambang
{"title":"Immigration Detention Supervision Urgency","authors":"Cinde Salsabiil, Dwi Nuryani, Happy Herlambang","doi":"10.52617/jlbp.v1i1.155","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.155","url":null,"abstract":"World War II was a war between the Allied Powers and the Axis Powers, both of which had extraordinary military power. Seeing the post-World War II conditions, many people lost their homes and families so that in order to realize human rights, the international community agreed to form the United Nations (UN) or the United Nations (UN) with the aim of strengthening international cooperation and preventing conflicts. upcoming conflict. In terms of protecting refugee rights, the United Nations established the legal basis for the Geneva Convention 1951 which is a guideline for the international community in providing protection for refugees. Australia was one of the countries that took part in ratifying the Geneva convention of 1951, while Indonesia was not one of the countries that ratified the convention. However, due to the geographic location of Indonesia as opposed to Australia, Indonesia has had the impact, namely the number of asylum seekers waiting for their refugee status and some of them are not clear because they are not included in the category of refugees by UNHCR. So that the author will explain how important the supervision of refugees in Indonesia is by the Immigration Detention Center or often referred to as Rudenim. In the Duties and Functions of Rudenim there is already a supervisory function but the subject of such supervision is detainees, while in Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, Rudenim has the duty to supervise refugees in Indonesia, so that there are discrepancies between the regulations of the Rudenim Administration and the legal basis governing the handling of these refugees.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133410661","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: 5
The Phenomenon of People Smuggling in the Lens of Indonesian Immigration: Efforts for Handling and Collaborating with Institutions in Handling it 印尼移民视角下的人口走私现象:应对措施及与相关机构合作应对
Journal of Law and Border Protection Pub Date : 2019-05-28 DOI: 10.52617/jlbp.v1i1.157
Hana Farah Dhiba
{"title":"The Phenomenon of People Smuggling in the Lens of Indonesian Immigration: Efforts for Handling and Collaborating with Institutions in Handling it","authors":"Hana Farah Dhiba","doi":"10.52617/jlbp.v1i1.157","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.157","url":null,"abstract":"People Smuggling or also known as human smuggling is a crime against humanity that is increasingly happening. Indonesia is one of the countries with a high number of people smuggling crimes and it is very potential. The phenomenon of People smuggling in Indonesia is closely related to immigration. This is because the crime of people smuggling involves immigration factors including traffic entering and leaving Indonesia, foreign citizens, Indonesian citizens and State sovereignty. Therefore, the importance of law enforcement and optimal eradication efforts need to be done by realizing various collaborations between institutions and between ministries so that people smuggling crime practices in Indonesia can be suppressed and minimized for the realization of national and state security guarantees. The research method used is descriptive qualitative research and normative juridical approach. From the research results, it can be seen that the People Smuggling Crime is a transnational crime that threatens the country from two sides, from outside and inside. From the outside, human smuggling is carried out by illegal foreign immigrants who make Indonesia a transit area. Meanwhile, the internal threat is the practice of people smuggling carried out by Indonesian citizens who want to work as Migrant Workers abroad through illegal channels or also known as Non-Porsedural TKI or Illegal Migrant Workers (TMI). With these two threats, it is necessary to pay more attention to eradicating these crimes. The implementation of cooperation between institutions is one of the answers to existing problems.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121305734","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: 4
The role of Immigration of Indonesia in facing Terrorism 印尼移民在面对恐怖主义中的作用
Journal of Law and Border Protection Pub Date : 2019-05-28 DOI: 10.52617/jlbp.v1i1.162
Muhammad Muqtadir Drajad Lokanasaputra
{"title":"The role of Immigration of Indonesia in facing Terrorism","authors":"Muhammad Muqtadir Drajad Lokanasaputra","doi":"10.52617/jlbp.v1i1.162","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.162","url":null,"abstract":"This paper describes the role of Indonesian Immigration in facing terrorism. One of them is the role of Immigration Intelligence set out in Law number 6 of 2011 concerning Immigration. Here the role of intelligence in following up an investigation, security, and raising, ranging from granting visas, granting DPRI, to the Immigration office and at the Immigration Checkpoint (TPI). Terrorism is a crime against humanity and civilization and is a serious threat to the sovereignty of a country. The author tries to discuss the roles of Indonesian Immigration in its efforts to deal with the problem of terrorism that has plagued various countries in the world. The role of Immigration Intelligence plays an important role in dealing with this problem if viewed from the role of Immigration Intelligence, immigration should be in terms of traffic in and out of people both Indonesian and foreigners in Indonesia.","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128934316","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: 2
Optimization Of Employee Civil Servants Investigations In Handling Case Of Immigrated Criminal Acts 在职公务员在处理移民犯罪案件中的调查优化
Journal of Law and Border Protection Pub Date : 2019-05-28 DOI: 10.52617/jlbp.v1i1.161
M. Alfarizi, Ridha Nikmatus Syahada
{"title":"Optimization Of Employee Civil Servants Investigations In Handling Case Of Immigrated Criminal Acts","authors":"M. Alfarizi, Ridha Nikmatus Syahada","doi":"10.52617/jlbp.v1i1.161","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.161","url":null,"abstract":"Departing from the increasingly widespread problem of People Smuggling, both in the form of organized and unorganized crime networks, both inter-state and domestic as a whole is a threat to the norms of life based on human rights. In this case the role of the immigration officer as the gatekeeper in the country's traffic in the case of people entering / leaving Indonesian territory, as in 2015, the People Smuggling case was successfully revealed by the Immigration Officer within the Soekarno-Hatta Airport Airport I, where immigration officers found three people women wearing fake passports who were about to leave for Kuala Lumpur with perpetrators Laila Yunita and Jamal Al Khatib. This writing aims to analyze the causes and effects of human smuggling, as well as examine the serious efforts made by PPNS in eradicating People Smuggling, especially in the case of People Smuggling committed by Laila Yunita and Jamal Al Khatib. The research uses a statutory approach, a conceptual approach and a case approach. So that with the case, it will be understood how important the value of legal human resources is in the scope of immigration in the context of national law development, as a breakthrough in competency development strategies \u0000 ","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123548754","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: 3
Deportation of Foreign Nationals Residing in Indonesian Territory from Human Rights Perspective 从人权角度看驱逐居住在印度尼西亚境内的外国国民
Journal of Law and Border Protection Pub Date : 2019-05-28 DOI: 10.52617/jlbp.v1i1.160
L. Dewi
{"title":"Deportation of Foreign Nationals Residing in Indonesian Territory from Human Rights Perspective","authors":"L. Dewi","doi":"10.52617/jlbp.v1i1.160","DOIUrl":"https://doi.org/10.52617/jlbp.v1i1.160","url":null,"abstract":"A country has the power to refuse entry or deport any foreign citizen who is in the territory of the country. However, the existence of this power does not necessarily make the state arbitrarily treat everyone. There are limits that must be considered, namely the existence of human rights that must be protected and upheld. This paper is written with the intention of examining the implementation of deportation of foreign nationals in Indonesian territory from a human rights perspective. This paper is designed using qualitative data analysis with data collection methods in the form of literature or literature studies. \u0000 ","PeriodicalId":411714,"journal":{"name":"Journal of Law and Border Protection","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115646761","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: 5
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