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Journal : Journal of Law and Border Protection

(Analysis of Stateless Person and Dual Nationality Children in the Perspective of Indonesian Immigration) Della Palupi Anggraeni; Tony Mirwanto
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.170

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.
Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling Doniar Andre Vernanda; Tony Mirwanto
Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v2i1.189

Abstract

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law
THE IMPORTANCE OF PREVENTIVE MONITORING MECHANISM ON REPLACEMENT OF PASSPORT DUE TO FORCE MAJEURE Muhammad Alvi Ghazy; Tony Mirwanto
Journal of Law and Border Protection Vol 2 No 2 (2020): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v2i2.197

Abstract

The mobility of the world's population in the era of globalization has an impact on a country, both positive and negative. Each country must respond carefully so that it does not cause losses to various sectors, one of which is the economic sector and the relationship between countries which can be stretched. Therefore, it is necessary to control the traffic that enters and leaves a country. In minimizing activities that violate the traffic flow of people in the world, especially in Indonesia, laws and regulations that ensure legal certainty protect, respect and declare the human rights of an individual is needed. This can be seen in the implementation and application of many laws in Indonesia, for example the implementation of the immigration law. In its application, the application and application of the immigration law in Indonesia leads to better things than before, including in matters relating to a force majeure.
CONTRIBUTION OF THE ROLE OF INDONESIAN IMMIGRATION IN PREVENTING AND PROTECTING HUMAN RIGHTS AGAINST NON-PROCEDURAL MIGRANT WORKERS (PMI-NP) FROM TRANSNATIONAL CRIMES Felix Ferdin Bakker; Tony Mirwanto
Journal of Law and Border Protection Vol 3 No 1 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i1.208

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.
LAW ENFORCEMENT OF ILLEGAL FISHING IN THE IMMIGRATION PERSPECTIVE IN THE WORKING AREA OF BELAWAN IMMIGRATION OFFICE Muhammad Alvi Syahrin; Tony Mirwanto; Cornelius Agatha Gea
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.v5i1.416

Abstract

The abundance of natural resources and the vast area of ​​the ocean in Indonesia are an attraction for the surrounding countries. This makes the case of Illegal fishing a case that is often found in Indonesian seas. One of the affected areas is Belawan seas. Based on the supervision carried out by the Ministry of Maritime Affairs and Fisheries (KKP), it is stated that illegal fishing violations often occur in EEZ (Exclusive Economic Zone) seas. One of the institutions authorized to enforce the law on illegal fishing is immigration. This study aims to see the implementation of law enforcement and immigration law strategies against foreigners who commit illegal fishing crimes in the work area of ​​the Belawan Immigration Office. This research is structured using a combination of normative and empirical research with qualitative methods using the basic theory of State Sovereignty and Effectiveness (Enforcement) of Law. The results of the study found that the Belawan Immigration Office carried out law enforcement in the form of Immigration Administration Actions namely deportation, some of the obstacles encountered in law enforcement were the lack of infrastructure in the form of ships and the limited detention room at the Medan Immigration Detention Center. The researchers also found that the legal strategy efforts carried out by the Belawan Immigration Office were preventive and repressive strategies. With Preventive Strategies in the form of coordination with Foreign Surveillance Team and Foreign Embassies, Repressive Strategies in the form of strengthening the intensity of Immigration Administrasion Action and Investigations.