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Journal : Journal of Law and Border Protection

The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia Faridh Al Wajidi; M. Alvi Syahrin
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.v1i2.172

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)
Analysis of the Implementation of Criminal and Administrative Offenses in the Perspective of Immigration Law Number 6 of 2011 (Case Study Djoko Soegiarto Tjandra) Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
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.v2i1.180

Abstract

Criminal action is an act that violates the rules and punishable by crime, while the immigration administrative action is an administrative sanction given to foreigners outside the judicial process. One of the cases that have been in the public spotlight is the criminal case of Cessie Bank Balicorruption and bribery related to the deletion of the wanted list (DPO) by Djoko Tjandra. This study uses a qualitative empirical normative legal approach with data collection in the form of library materials which include statutory regulations, books, papers, and other sources. The formulation of the problem discussed in this study is how the application of criminal acts and Immigration Administrative Measures (TAK) in Law Number 6 Of 2011 concerning Immigration which is charged against Djoko Tjandra. The purpose of this research is to find out the criminal acts and administrative immigration actions given to Djoko Tjandra who was an Indonesian fugitive for many years. Based on the data analysis carried out, it was concluded that criminal and administrative actions ensnared Djoko Tjandra and the elements who helped him in accordance with the applicable rules, namely as the provisions written in the Criminal Code, Law Number 20 Of 2001 concerning the Eradication of Corruption Crime, and Law Number 6 Of 2011 concerning Immigration.
THE IMPORTANCE OF IMPLEMENTATION FOREIGNER REPORTING APPLICATION (APOA) IN ORDER TO IMMIGRATION CONTROL TO FOREIGNERS Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
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.v2i2.193

Abstract

Immigration control is an activity of collecting, processing, and presenting immigration data and information in order to ensure compliance with immigration laws. Foreigner Reporting (APOA) is an innovation of the Directorate General of Immigration in the implementation of immigration control which is oriented towards the function of law enforcement and state security. However, there are still some obstacles and constraint in the implementation of reporting foreigners through APOA. The formulation of problems examined in this paper is how the implementation of immigration control, reporting procedures, and constraints and obstacles in the implementation of reporting through APOA. This writing uses a qualitative research method with a qualitative descriptive approach through data collection by identifying laws and regulations and collecting some library materials relevant to the topic of this research. From the research results, it was found that there were still many inn owners or managers and the community who had not reported the presence of foreigners in their area. In this case, the Directorate General of Immigration must be able to optimize the implementation of reporting on foreigners so that it makes it easier for immigration officers to carry out immigration control, especially for foreigners.
TOWARDS A NEW NORMAL ERA: IMPLEMENTATION OF IMMIGRATION FUNCTION DURING THE COVID-19 PANDEMIC IN INDONESIA Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
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.v3i1.206

Abstract

Immigration functions include immigration services, law enforcement, state security, and facilitating community welfare development. The implementation of these functions is carried out by the Directorate General of Immigration, which carries out the task of guarding the country's gates. However, during the Covid-19 pandemic, the Directorate General of Immigration is expected to be able to carry out the immigration function without neglecting the spread of the Covid-19 virus that is currently sweeping the world. Not to mention that there are problems that can threaten state security and national sovereignty as well as the decline in the country's economy during this pandemic. The formulation of the problem that will be examined in this paper is what forms of immigration function carried out by the Directorate General of Immigration and how the implementation of the implementation of the immigration function carried out during the Covid-19 pandemic. This writing uses a qualitative research method with a qualitative descriptive approach with combined data collection (inductive/qualitative). From the research results, it is known that the Covid-19 pandemic resulted in various policy changes that had an impact on the implementation of the immigration function. This issue must encounter by Directorate General of Immigration as an institution that is authorized to carry out the immigration function in Indonesia.