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PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENYELUDUPAN MANUSIA DARI DAN LUAR INDONESIA Saputra, Dodi Ripo; Harahap, Irawan; Triana, Yeni
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1448

Abstract

Immigration in Indonesia is regulated by Law Number 6 of 2011 on Immigration, which replaced the previous immigration law, Law Number 9 of 1992. The law states that anyone who enters or exits Indonesia without undergoing immigration inspection, or without valid travel documents or visas, will be subject to criminal sanctions. The legal foundation for human trafficking offenses is also outlined in Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers. Immigration matters are closely related to the movement of people across international borders, which has increased in the era of globalization and free trade, and has now become a concern for countries around the world, including Indonesia. Smuggling, which involves trafficking people for exploitation or physical and psychological abuse, is a violation of human dignity. The method used in this research is sociological legal research. Based on the results, it is known that law enforcement at the Bengkalis Immigration Checkpoint Office (TPI) is in accordance with the provisions set out in the Immigration Law. However, challenges remain, such as limited human resources, inadequate infrastructure, and suboptimal coordination between agencies. Handling human trafficking requires active involvement from various parties, including the police, customs, and other related agencies, to strengthen oversight and prevent this transnational crime. This research concludes that to improve the effectiveness of law enforcement, there needs to be enhanced training for officers, improvement of inspection facilities and infrastructure, and strengthened cooperation between agencies involved in the prevention and prosecution of human trafficking. Additionally, a broader socialization to the public regarding the dangers and impacts of human trafficking should also be conducted to strengthen preventive efforts.
PENEGAKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENYELUDUPAN MANUSIA DARI DAN LUAR INDONESIA Saputra, Dodi Ripo; Harahap, Irawan; Triana, Yeni
Collegium Studiosum Journal Vol. 7 No. 2 (2024): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v7i2.1448

Abstract

Immigration in Indonesia is regulated by Law Number 6 of 2011 on Immigration, which replaced the previous immigration law, Law Number 9 of 1992. The law states that anyone who enters or exits Indonesia without undergoing immigration inspection, or without valid travel documents or visas, will be subject to criminal sanctions. The legal foundation for human trafficking offenses is also outlined in Law Number 18 of 2017 on the Protection of Indonesian Migrant Workers. Immigration matters are closely related to the movement of people across international borders, which has increased in the era of globalization and free trade, and has now become a concern for countries around the world, including Indonesia. Smuggling, which involves trafficking people for exploitation or physical and psychological abuse, is a violation of human dignity. The method used in this research is sociological legal research. Based on the results, it is known that law enforcement at the Bengkalis Immigration Checkpoint Office (TPI) is in accordance with the provisions set out in the Immigration Law. However, challenges remain, such as limited human resources, inadequate infrastructure, and suboptimal coordination between agencies. Handling human trafficking requires active involvement from various parties, including the police, customs, and other related agencies, to strengthen oversight and prevent this transnational crime. This research concludes that to improve the effectiveness of law enforcement, there needs to be enhanced training for officers, improvement of inspection facilities and infrastructure, and strengthened cooperation between agencies involved in the prevention and prosecution of human trafficking. Additionally, a broader socialization to the public regarding the dangers and impacts of human trafficking should also be conducted to strengthen preventive efforts.
The Crime of Genocide and its Implications in Law Number 39 of 1999 Concerning Human Rights Daeng M, Mohd. Yusuf; Saputra, Dodi Ripo; Dony, Mulian; Siregar, Hanipah; Imelda, Rezki
Journal of Law and Humanity Studies Vol. 1 No. 2 (2024): Journal of Law and Humanity Studies
Publisher : Penerbit Mandalika Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59613/tgcmjf63

Abstract

Genocide crimes are often associated with crimes against humanity, but when examined more closely, genocide crimes differ from crimes against humanity. Genocide crimes target groups such as nations, races, ethnicities, or religions, whereas crimes against humanity are directed at citizens and civilians. Additionally, genocide crimes can annihilate part or all of a group, whereas crimes against humanity do not have such specifications or conditions. The demands for resolving human rights violation cases led to the creation of Law Number 39 of 1999 concerning Human Rights, followed by Law Number 26 of 2000 concerning Human Rights Courts, which aims to address various human rights violation issues, particularly serious human rights violations. Article 7 of the Human Rights Court Law states that genocide crimes are severe human rights violations due to actions such as killing, causing severe suffering, extermination, coercion by groups, and forcibly transferring children from one group to another. Thus, this human rights court law explicitly threatens the perpetrators. The method used is normative legal research. Based on the research results, it is known that Genocide Crimes and Their Implications in Law Number 39 of 1999 concerning Human Rights show that genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law Number 39 of 1999 concerning Human Rights does not specifically and in detail regulate genocide crimes and their elements. This results in a lack of a strong and comprehensive legal framework to prosecute genocide perpetrators and provide justice and legal certainty for victims. Law Number 26 of 2000 concerning Human Rights Courts in Indonesia is considered inadequate to handle serious human rights violations. Several weaknesses identified include procedural law still referring to the Criminal Procedure Code (KUHAP), which complicates the proof process, and ambiguities in applying regulations due to the incomplete "elements of crimes" stipulated. This results in a lack of effectiveness in prosecuting serious crimes like genocide, which are often triggered by ethnic, religious, and racial factors. The prohibition of genocide crimes is regulated through international and national laws. However, resolving serious human rights violations within the Indonesian criminal justice system based on Law Number 26 of 2000 has not succeeded in creating legal certainty and justice for the victims of violations in East Timor