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APPLICATION OF IN LAW PRINCIPLES IN THE DECISION MAKING OF VISIT VISA EXEMPTION POLICY IN INDONESIA Hana Farah Dhiba
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.42

The government's decision through Presidential Regulation No. 21 of 2016 concerning Visit Visa Free still leaves a myriad of question marks in the community. This policy is an implication of the government's steps to increase the number of international tourists to Indonesia. But in fact, what happens is not fully in accordance with what was announced. Some considerations related to this policy need to be explored further. The formulation of the problem examined in this paper is how to apply the Lex Superior Derogate Legi Inferiori principle and the Reciprocity Principle in making a Visa Visa Free decision making. The research method used is qualitative normative legal research and normative juridical approach. From the results of the study it can be seen that the decision on a visa-free visit policy deviates slightly from the principle of Lex Superior derogate legion inferiori and reciprocal principles. This is what needs to be explored further, so that how the future policies and decisions of the government remain in line with the principles of the applicable law in Indonesia

The Phenomenon of People Smuggling in the Lens of Indonesian Immigration: Efforts for Handling and Collaborating with Institutions in Handling it Hana Farah Dhiba
Journal of Law and Border Protection Vol 1 No 1 (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.v1i1.157

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.

RESPONSE TO REFUGE ISSUES IN INDONESIAN IMMIGRATION LENS IN IMMIGRATION DETENTION HOUSES Hana Farah Dhiba; Wahyu Eka Putra
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.v3i1.211

The phenomenon of refugees is one of the topics of discussion in the international world. This situation was triggered by the increasing number of refugees scattered in various countries around the world. The existence of refugees is often a special concern for countries that are both transit places and destinations. In Indonesia, tens of thousands of refugees and asylum seekers stop and live. Some of the Arab and African countries and ethnic Rohingya who are hit by armed conflict and acute poverty. They lived for years while waiting for a third country. Their existence is increasingly causing various problems in society. The research uses normative legal research methods with 7 approaches. From the research results, it can be concluded that the presence of refugees in Indonesia has been going on for decades. The refugees entered by land and sea routes to Indonesian territory. Various policies have been taken to deal with the presence of refugees from abroad, one of which is Presidential Regulation Number 125 of 2016 concerning Policies for Handling Refugees from Abroad. However, over time, the refugee status intersected with the status of illegal immigrants contained in the regulation of the Director General of Immigration. This in the future raises various problems related to the handling of refugees in Indonesia.

Regulasi Hukum Terhadap Keterlibatan Korban Tindak Pidana Penyelundupan Manusia Hana Farah Dhiba; Sabinadevi Sabinadevi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Publisher : Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia

This study aims to analyze the legal regulation of victims who are involved in the occurrence of people smuggling by looking at the forms of participation and the relationship between the perpetrator and the victim. The method used in this research is a qualitative descriptive method with a normative legal approach. The research was conducted by collecting facts of events in the field and analyzing them on the basis of the applicable laws and regulations. The results of the study conclude that victims of criminal acts of human smuggling can be subjects to legal proceedings. That is due to the human smuggling offenses or passive assistance with the severity of which is in accordance with the form and extent of their actions in realizing the crime.

HANDLING OF FOREIGN REFUGEES IN PANDEMIC TIMES IN CRIMINOLOGICAL THEORY PERSPECTIVE (CASE STUDY OF THE ENVIRONMENT OF SIRIH GARDEN, JAKARTA Fachrizza Sidi Pratama; Hana Farah Dhiba; Rafsanjani Ismarus
Journal of Law and Border Protection Vol 3 No 2 (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.v3i2.282

In Indonesia, more than 13,645 confirmed cases and the death toll reached 959 victims. In suppressing the number of spreads, the government has issued various policies with WHO standards, one of which is large-scale social restrictions (PSBB) by limiting community activities and movements as an effort to quarantine a region's health while still mobilizing basic needs for Indonesian citizens (WNI) and other citizens. affected foreigners. In the midst of the condition of the spread of the Covid-19 virus, which does not look at who will be infected, there is a group of people who have been neglected and have not been touched by much assistance from the government. They are refugees and asylum seekers residing in Indonesian territory. Being a complex problem, in the absence of domestic laws that regulate the problem of handling refugees, as well as the condition of refugees who have a high level of infection with Covid-19, this causes an anomaly in the enforcement of human rights (HAM). The Indonesian government in handling the Covid-19 pandemic should ensure that all levels of society are made a top priority, including refugees. The provision of access to social assistance is also considered, such as the provision of adequate shelter rooms, food supplies, personal protective health equipment (masks, antiseptics), as well as medical services and facilities.

ANALYSIS OF THE APPLICATION OF LABELLING THEORY IN INDONESIAN IMMIGRATION GLASSES: A CASE STUDY OF NIGERIAN DIPLOMATS WHO ARE SUSPECTED TO BE VICTIMS OF "MURSERY" BY THE IMMIGRATION OFFICERS IN SOUTH JAKARTA Hana Farah Dhiba; Fachrizza Sidi Pratama; Rafsanjani Ismarus
Journal of Law and Border Protection Vol 4 No 1 (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.v3i2.283

The misunderstanding of the video footage of Immigration officers checking Nigerian foreigners which went viral on social media which then created various speculations and misunderstandings in the community. However, the circulating footage only shows when the officers fought and defended themselves against the foreigner and the foreigner shouted "I can't breathe, I can't breathe" thus making the atmosphere cloudy. The case of alleged mistreatment of Nigerian diplomats by unscrupulous immigration officers has attracted public attention and has become a trending topic in various media. This indirectly causes various versions of the series of events that appear on social media. Our society and Indonesian immigration officers are applying the theory of labeling sequentially, the process starts with the primary deviance, namely by naming Nigerian citizens as rioters or perpetrators of violations and secondary deviance applies because since the label was given to Nigerian citizens, the level of crimes committed has increased and always there every year. the second reaction is that the community is against it, this happens because they have a negative stigma and give a bad label to black citizens including Nigerian citizens. Therefore, they confirmed that in handling and securing the Nigerian citizens, immigration officers had to use violence for fear of unwanted things such as the WN running away, rebelling and the like.

POLICY ANALYSIS OF FOREIGN DENTENCES AT IMMIGRATION CHECKPOINT: THE DILEMMA OF RESPONSIBILITY BETWEEN IMMIGRATION AND AIRLINES Rafsanjani Is Ma’rus; Fachrizza Sidi Pratama; Hana Farah Dhiba
Journal of Law and Border Protection Vol 4 No 1 (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.v4i1.286

In Annex 9 of ICAO, airlines as passenger facilitators have obligations and responsibilities to pre-flight, flight, and after-flight passengers. The after-flight obligation of the airline also includes the consequences for the passenger if immigration is refused in the destination country. During a temporary detention, the airline must pay attention to and take care of the passenger's needs. The immigration detention room at the TPI is a place used by the immigration authorities as a place of detention because it still requires further supervision and investigation of the foreigner.After the immigration authorities have completed the detention, at the first opportunity the foreigner is placed on the transportation means (airplane) that carries him and becomes the responsibility of the person in charge of the transportation means (the airline) and all costs incurred are borne by the person in charge of the transportation means. This study uses a descriptive qualitative method with a normative juridical approach. The normative juridical approach is a research that begins deductively with an analysis of the provisions in the laws and regulations governing problems related to the implementation and analysis of the detention policy of foreigners at immigration checkpoints. It is hoped that this responsibility dilemma can be resolved with the existence of a legal basis in the form of regulations and SOPs related to the detention of foreigners at the TPI. In order to avoid overlapping authority in terms of fulfilling the rights of foreigners by the airline in the immigration area.

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