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All Journal Indonesian Journal of Innovation Studies HUKMY : Jurnal Hukum
Ramzy, Isvandiar Muhammad
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Religion Humanities Computer Science & IT Education Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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SANKSI PIDANA TERHADAP WARGA NEGARA ASING PELAKU PENYALAHGUNAAN IZIN TINGGAL Ramzy, Isvandiar Muhammad
HUKMY : Jurnal Hukum Vol. 3 No. 2 (2023): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2023.v3i2.451-461

Abstract

Abuse of residence permits is a legal incident that often occurs in immigration crimes. Residence permits for foreign nationals residing in Indonesian territory are often misused by these permit holders, resulting in many cases of abuse of residence permits. The method used is normative legal research or Legal Research. The results of the study are as follows: Perpetrators of abuse of residence permits are not subject to criminal sanctions under the immigration law, namely the handling of cases is shorter, namely through administrative actions in the form of deportation, and also considering the punishment. the law is "ultimum remidium" or better known as the final action for someone who violates the law, then the Class I Immigration Office TPI Jember will provide administrative sanctions as in article 78 paragraph 3 law no. 6 of 2011 concerning Immigration states that: Foreigners who have a residence permit whose validity period has expired and are still in Indonesian territory for more than 60 (sixty) days from the period of their stay permit, are subject to immigration administrative measures in the form of deportation and detention, in the case of this needs to be tightened again in terms of supervision and sanctions for foreigners who come to Indonesia, so that violations committed by foreigners can be reduced.
Exposing Discrepancies in Indonesia's Legislative Processes: Mengungkap Ketidaksesuaian dalam Proses Legislasi di Indonesia Mannan, Faidhul; Ramzy, Isvandiar Muhammad; Rato, Dominikus; Setyawan, Fendi
Indonesian Journal of Innovation Studies Vol. 25 No. 2 (2024): April
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v25i2.1069

Abstract

This study critically examines the application of Indonesia’s Law Number 12 of 2011, which governs legislative processes with principles aimed at ensuring clarity, justice, and accountability. Utilizing a normative research method, the analysis synthesizes relevant literature and legal documents to explore the practical implementation of these principles. The findings reveal significant discrepancies between the theoretical framework and its practical execution, suggesting that while the law establishes a robust basis for legislation, its effectiveness is hindered by gaps in application. This research underscores the need for policy refinement and offers actionable insights for enhancing the functionality and integrity of legal systems globally. Highlights: Theory vs. Practice Gap: Reveals discrepancies between legislative principles and their real-world application. Legal Framework Effectiveness: Discusses how implementation gaps impact legal integrity. Policy Improvement Suggestions: Provides recommendations for enhancing legislative processes. Keywords: Policy Implementation, Legal Integrity, Principles, Concepts, Legislation
Co-Authors Dominikus Rato Fendi Setyawan Mannan, Faidhul