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All Journal Kertha Patrika FIAT JUSTISIA: Jurnal Ilmu Hukum Wacana, Jurnal Sosial dan Humaniora Brawijaya Law Journal : Journal of Legal Studies Arena Hukum REKAYASA Jurnal IUS (Kajian Hukum dan Keadilan) JURISDICTIE Jurnal Hukum dan Syariah Mulawarman Law Review UNES Journal of Swara Justisia RechtIdee SASI
Herman Suryokumoro
Fakultas Hukum Universitas Brawijaya
Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Physics Social Sciences

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AKTUALISASI FUNGSI KEIMIGRASIAN DALAM ASPEK KEAMANAN SEBAGAI UPAYA INTEGRAL PENANGANAN PANDEMI COVID-19 DI INDONESIA Herman Suryokumoro
SASI Vol 26, No 4 (2020): Volume 26 Nomor 4, Oktober - Desember 2020
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v26i4.400

Abstract

This study aims to analyze the function of immigration in the security aspect, namely as a guard at the entrance to the territory of Indonesia during a pandemic. This function is of course very urgent considering that currently the spread of the Covid 19 virus is getting out of control, one of which is because there are still many foreigners entering Indonesian territory. The research method used is juridical normative, namely analyzing library materials or tracing documents related to the problem under study. The approach used is a statutory approach and a conceptual approach. The results showed that the actualization of the role of the immigration function during a pandemic can be seen from the aspect of immigration regulation and practices carried out by immigration checkpoints (ICP) throughout Indonesia. Meanwhile, the ICP has carried out its function as guardian of state security with the arrival of foreigners and closed several ICPs to limit immigration traffic. There is a significant difference in law enforcement during normal times and during the pandemic, namely the concessions given to foreign nationals in the form of changing overstay fees and deportation cannot be carried out. Deportation cannot be done because in general the person's home country also applies, so temporarily when foreigners who cannot return to their home countries stay in detention centers.
Legal Status of the Who’s Covid-19 Investigator in International Law Perspective Suryokumoro, Herman; Ula, Hikmatul; R, Intania Zahra
SASI Volume 28 Issue 1, March 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i1.700

Abstract

Introduction: This issue was raised based on the fact that the COVID-19 investigation team in carrying out their duties did not always go well, one of which was the refusal of several people from the investigation team to enter Chinese territory.Purposes of the Research: This study aims to analyze the legal protection of the COVID-19 investigator team from WHO in the perspective of international law.Methods of the Research: The research method used is normative juridical research with a qualitative analytical descriptive nature, by examining legal materials, both primary legal materials and secondary legal materials through literature studies and other related literature.Results of the Research: The position of the WHO investigation team in the perspective of international law is as an expert on mission as well as an expert on mission in the United Nations. Expert on mission is an external organ to assist the functions and goals of organizations including WHO. In carrying out their duties, the expert on mission is equipped with all legal protections as stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies. Protection is given when the expert mission is carrying out its duties but in the convention there is no guarantee that the expert on mission is allowed -unconditionally- to enter the territory of the country. This is very reasonable considering that the state has full sovereignty over its jurisdiction. The ban on the entry of the COVID-19 investigation team for reasons of sovereignty should have been avoided considering that the COVID-19 pandemic is a common problem that requires cooperation from all over the world. The existence of obstacles to the work of the Investigation Team by China, which incidentally is the country that initiated the formation of the Covid-19 Investigation Team, is a bad precedent and a violation of international obligations as stipulated in the Responsibility of States for International Wrongful Acts.
Co-Authors Abdul Majid Adi Kusumaningrum Anggit Metha Mustika Yon Surya Bunga Hidayati Dewangga, Helmi Firdaus, Muhamad Himami Hikmatul Ula Hikmatul Ula Ikaningtyas Ikaningtyas Ikaningtyas Ikaningtyas Ikaningtyas Ikaningtyas, Ikaningtyas Kurniaty, Rika Mochamad Muafi Nurdin Nurdin Patricia Audrey Ruslijanto Purwaning Rahayu Sisworini R, Intania Zahra Riana Susmayanti Rika Kurniaty Setyo Widagdo Setyo Widagdo Setyo, Amin Sihabudin Sihabudin, Sihabudin Solimun Sukarmi, Sukarmi Sungkono Sungkono Trisnayani, Larasati Widhiawati, Dyah