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All Journal Jurnal Hukum Sasana terAs Law Review: Jurnal Hukum Humaniter dan HAM
Wiliani, Amalia
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Law, Crime, Criminology & Criminal Justice

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ANALISIS HUKUM KEBIJAKAN BEBAS VISA KUNJUNGAN DI INDONESIA DALAM PERSPEKTIF HUKUM KEIMIGRASIAN: LEGAL ANALYSIS OF VISA-FREE VISIT POLICY IN INDONESIA FROM THE PERSPECTIVE OF IMMIGRATION LAW Wiliani, Amalia; Yuspin, Wardah
terAs Law Review : Jurnal Hukum Humaniter dan HAM Vol. 5 No. 2 (2023): November 2023
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/fr997m89

Abstract

The obligation to obtain a visa-free visit (BVK) must consider the principles and reciprocal benefits of the country that will receive the BVK from Indonesia. The implementation of this visa-free policy has many impacts, especially on security and public order in Indonesia. The method of writing this article focuses on applicable laws and regulations related to BVK, as well as legal approaches and comparative research to Indonesia's visa-free policy with other Southeast Asian countries. The data used in this study are primary laws, government regulations, and ministerial decisions, as well as secondary sources such as academic articles, books, research reports, and other relevant sources. The latest regulation related to BVK, the Regulation of the Minister of Law and Human Rights Number 22 of 2023 concerning Visas and Stay Permits, states that only ten ASEAN countries are subject to Visa-Free Visits. The presence of foreigners in Indonesia using BVK has committed many immigration violations such as misuse of residence permits, so the implementation of BVK must be calculated and wisely in implementing the BV policy in the context of the Immigration Law, emphasizing the importance of considering the principle of reciprocity and the benefits of immigration law principles for foreigners, namely selective policy, which means that only foreigners who provide benefits are allowed to enter Indonesian territory.
Legal Analysis of Refugee Protection in Non-Signatory States to the 1951 Convention: A Case Study of Refugees in the North Sumatra Wiliani, Amalia; Azhari, Aidul Fitriciada
Jurnal Hukum Sasana Vol. 12 No. 1 (2026): Jurnal Hukum Sasana: June 2026
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v12i1.5359

Abstract

This study examines refugee protection in Indonesia, a country that has not ratified the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. The research focuses on the legal mechanisms applied in the jurisdiction of the North Sumatra Regional Office of the Ministry of Immigration and Corrections. It aims to explore (a) how international instruments govern refugee protection, (b) how Indonesia’s domestic legal framework functions despite non-ratification, and (c) what strategic measures are required to strengthen national and regional protection systems.Using both normative and empirical legal methods, the study analyzes relevant statutes, international conventions, and interviews with government officers. The findings reveal that, although Indonesia is not formally bound by the 1951 Convention, the moral and constitutional principles of refugee protection apply through its human-rights commitments. Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad provides administrative recognition but lacks comprehensive legal certainty and long-term solutions such as integration, education, and employment access. Strengthening domestic legislation, empowering local governments, and promoting inter-sectoral collaboration are essential for ensuring humane and sustainable refugee protection in Indonesia
Co-Authors Aidul Fitriciada Azhari Wardah Yuspin