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Journal : Journal of Law and Border Protection

The Role Of Immigration Civil Servant Investigator In The Legal History Of Indonesia Yogi Prabowo
Journal of Law and Border Protection Vol 4 No 2 (2022): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v4i2.363

Abstract

To deal with the excesses of the flow of cross-border human movement, immigration is present as an apparatus in regulating the traffic of people in and out of the territory of Indonesia, monitoring the presence and activities of foreigners while in Indonesia, as well as carrying out law enforcement activities in a sustainable and intensive manner. The legal history of Indonesia records that at first the immigration crime was a general crime which later turned into a special crime. With this paradigm change, of course, the authority of the Immigration Civil Servant Investigator will change in carrying out law enforcement. The research used in the preparation of this journal is normative legal research. Normative legal research, which can also be called doctrinal legal research, usually only uses secondary data sources, namely laws and regulations, court decisions, legal theory, and the opinions of leading scholars. Analysis of the data used is normative legal analysis because the object of this research is legislation that has permanent and binding legal force. There are 3 (three) laws and regulations that mention the role of Immigration Civil Servant Investigator in conducting criminal investigations. Immigration, namely through Emergency Law Number 8 of 1955 regarding Immigration Crimes, Law Number 9 of 1992 regarding Immigration and Law Number 6 of 2011 regarding Immigration. In each period of enactment of this regulation, the role of Immigration Civil Servant Investigator in carrying out law enforcement is increasing. It is hoped that with the increase in duties and authorities, Immigration Civil Servant Investigator can become independent Investigator in investigating immigration crimes.
JURIDICAL STUDY OF STATE ADMINISTRATIVE COURT RULING RELATED TO IMMIGRATION PREVENTION (CASE STUDY NUMBER: 219/G/2017PTUN-JKT SETYA NOVANTO VS. DIRECTOR GENERAL OF IMMIGRATION) Yogi Prabowo; Taufiqurrohman Syahuri
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.417

Abstract

Prevention means temporary prohibition of person from exiting from the Territory of Indonesia based on particular Immigration reasons or others prescribed by the Law. In the case of immigration prevention against Setya Novanto ordered by the Chairman of the Corruption Eradication Commission (KPK), a lawsuit was filed to the Administrative Court and recorded in Decision Number: 219/G/2017/PTUN-JKT. This research was conducted to answer the following questions: 1) What were the legal considerations of the Judges in issuing Decision Number: 219/G/2017/PTUN-JKT? 2) How was the analysis of the State Administrative Court Decision Number: 219/G/2017/PTUN-JKT? and 3) What were the recommendations for resolving legal issues in administrative disputes within the Directorate General of Immigration? This study used a normative legal research approach, analyzing secondary data in the form of legislation and literature. The research results concluded that the Prevention carried out by the Director General of Immigration was in accordance with the authority specified in legislation and had fulfilled the General Principles of Good Governance. Therefore, the Judges rejected the Plaintiff's lawsuit in its entirety. However, the Defendant's exception was not fully accepted by the Judges, highlighting the need for improvement in resolving administrative disputes within the Directorate General of Immigration to achieve greater quality and professionalism