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Anita Herlina
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jikk.poltekim@gmail.com
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Jalan Raya Gandul No. 4, Cinere, Depok, Jawa Barat, Indonesia 16514
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INDONESIA
Jurnal Ilmiah Kajian Keimigrasian (JIKK)
Published by Politeknik Imigrasi
ISSN : 26224828     EISSN : 27749592     DOI : https://doi.org/10.52617/jikk
An objective of JIKK: Jurnal Ilmiah Kajian Keimigrasian is to promote the wide dissemination of the results of systematic scholarly inquiries into the broad field of migration research. JIKK: Jurnal Ilmiah Kajian Keimigrasian is intended to be the journal for publishing articles reporting the results of research on migration studies. JIKK: Jurnal Ilmiah Kajian Keimigrasian invites manuscripts in the areas: Migration Studies; Social Studies; Border Studies; International Development; Citizenship Studies; Diaspora. JIKK: Jurnal Ilmiah Kajian Keimigrasian accepts articles in any business related subjects and any research methodology that meet the standards established for publication in the journal. The primary, but not exclusive, audiences are academicians, graduate students, practitioners, and others interested in business research. The primary criterion for publication in JIKK: Jurnal Ilmiah Kajian Keimigrasian is the significance of the contribution an article makes to the literature in business area, i.e., the significance of the contribution and on the rigor of analysis and presentation of the paper. The acceptance decision is made based upon an independent review process that provides critically constructive and prompt evaluations of submitted manuscripts.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 158 Documents
FEARING EKSISTENCE OF ARTICLE 135 OF THE INDONESIAN IMMIGRATION LAW RELATED TO PROOFING OF FALSE MARRIAGE AT IMMIGRATION CRIME Koesmoyo Ponco Aji; Aditya Tri Kurniawan
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.28

Abstract

Pseudo-marriage or false marriage is one type of crime that is difficult to prove, so that until now there has never been a case of pseudo marriages stated by the prosecutor's office that the enforcement of immigration laws related to pseudo marriages is in Article 135 of Law No. 6 of 2011 concerning immigration has never been done, although there have been many suspected cases of pseudo-marital acts. This is because both Foreign Citizens as Indonesian actors and Citizens who are wives or husbands who are made guarantor after making legal marriages in obtaining immigration documents and / or citizenship of the Republic of Indonesia are protecting each other so that the immigration crime cannot be requested responsibility. The proof of the elements of immigration criminal acts of apparent marriage can be seen from the notion of false marriage itself.
DEFINING THE PROBLEM OF ILLEGAL FOREIGN WORKERS AS WICKED PROBLEMS Sri Kuncoro Bawono
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.29

Abstract

The issue of Illegal foreign worker existence in Indonesia has attracted the government to react to this problem since this issue has made a restlessness in public. The existence of the illegal foreign workers considered could bring threats to the national security. Accordingly, the Directorate General of Immigration has tried to overcome this problem by strengthening the Immigration Law Enforcement; However, this effort seems do not really solve the problem. This is because the intricacy of the problem that makes the solution which implemented did not bring an intended outcome. Therefore, to find the appropriate solution, this problem should be framed differently by defining this as a wicked problem. This research will describe the complexity, the uncertainty, and the value diversity in this problem that construct this problem as a wicked problem.
MAL OF PUBLIC SERVICES IN THE FRAMEWORK OF WHOLE OF GOVERNMENT (WoG) AND E-GOVERNMENT IMPLEMENTATION IN INDONESIA Ohan Suryana
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.30

Abstract

The objective of this research is to know the effectiveness of Public Service Mall development as the implementation of the Whole of Government (WoG) Practice and the application of e-government concept in Indonesia. This qualitative research is conducted by implementing literature study approach through which the researchers gathered various sources of information. In addition, researchers also used a textual approach to the implementation of the effectiveness of Public Service Mall, Whole of Government (WoG) Practice and e-Government Applications. The study begins with a history of WoG development, then a discussion of WoG transformation towards e-government implementation, followed with opportunities and challenges in implementing e-government to Public Service Mall as a manifestation of e-government implementation. The results show that the development of Public Service Mall as the implementation of WoG practices in line with the concept of e-government has been appropriate and supports the principle of excellent public services.
THE PROBLEM OF THE SUPERVISION OF IMMIGRATION STAY LICENSES ON ILLEGAL FOREIGN LABOR WORKING IN FOREIGN CAPITAL INVESTMENT COMPANIES IN INDONESIA Tony Mirwanto
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.31

Abstract

Abuse of Residence Permits by foreigners with the mode of using tourist visit visas often occurs, generally used in the context of working as a Foreign Worker in a Foreign Investment Company in Indonesia. This has led to a reduction in employment opportunities for Indonesian Migrant Workers in the country and a reduction in State income in terms of the use of Foreign Workers. Based on the facts in the field, the problem of misuse of Tourism Visit Stay Permits generally comes from the policy of Free Visa for Tourist Visits, this is a problem that over time is increasingly difficult to resolve, even more difficult to detect by law enforcement officials. The involvement of Indonesia in various international agreements that accommodate the ease of investment and the use of foreign labor, has made Indonesia increasingly fulfilled by investors and foreign workers. The problem of the use of foreign workers needs to be taken seriously by the government, especially in monitoring its activities while in Indonesia, so that the use of foreign labor can be beneficial for Indonesia. Giving ease of Visa Free in order to increase foreign exchange in tourism to foreigners who will enter Indonesia, of course, must be accompanied by supervision of their residence permit as a consequence of the ease of granting the Visa Free. In order for the practice of using foreign workers illegally by foreign investment companies, it can be minimized as early as possible
THE RESTORATIVE JUSTICE APPROACH TO THE IMPLEMENTATION OF CHILDREN'S CRIMINAL JUSTICE SYSTEM IN INDONESIA Ali Muhammad
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.32

Abstract

Since the enactment of Law No. 11 of 2012 concerning the Criminal Justice System for Children in Indonesia needs to be sought immediately for Law Enforcement Officials (APH) who do not understand and know about the obligation to adopt a Restorative justice approach in the implementation of the Child Criminal Justice System. The norm that regulates the obligation to approach restorative justice in the handling of Children dealing with the Law (ABH) contained in article 5 paragraph 1 of the Child Criminal Justice System Law and this Law has also adopted the International instrument of the Convention on the Rights of the Child (CRC) ratified by the government of the Republic of Indonesia with a Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child in addition to other international regulations such as the Beijing Rules, Riyadh Guidelines and Tokyo Rules which are certainly in line with the Constitution 1945 concerning the purpose of the country which was wrong was to realize social justice and promote public welfare. This restorative justice approach certainly has the same spirit as the ideological values ​​of Pancasila, politics, and the Indonesian national socio-culture which prioritizes solutions through deliberation to reach consensus so that this restorative justice approach is also one of legal reforms that elevates the values ​​of local wisdom from the Nation Indonesia. The conceptual approach and the approach to legislation (the statue approach) are the approaches used in this study and maximize the implementation of the implementation of restorative justice in every handling of children facing the law (ABH) at each stage of the investigation, prosecution and trial. research is to provide confirmation to every Law Enforcement Officer of the obligation to take a Restorative Justice approach in every Handling of ABH.
THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011 Muhammad Azzam Alfarizi
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.33

Abstract

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.
LEGAL ACTION ON NIGERIAN WHO EXTENDS LIMIT OF IMMIGRATION RESIDENCE PERMIT: CASE STUDIES IN IMMIGRATION OFFICE OF WEST JAKARTA M. Alvi Syahrin; Anindito Rizki Wiraputra; Dwi Septianto
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.34

Abstract

The increasing migration of Nigerian citizens in Indonesia has a mixed impact. Not only the economic sector, but also the increasing number of violations and immigration crimes. The Immigration Office of West Jakarta, which is the jurisdiction of the distribution of Nigerian residences, faces quite difficult problems. The formulation of the problems to be examined in this paper are as follows: (1) How do immigration actions carried out by Immigration Office of West Jakarta in resolving cases of Nigerian citizens who exceed the immigration residence permit time limit and (2) What are the obstacles faced by Immigration Office of West Jakarta in resolving the case. The research method used is qualitative empirical legal research. Based on the results of the discussion, the following legal facts are obtained. The efforts made by Immigration Office of West Jakarta in overcoming abuse of immigration permits by Nigerian citizens are divided into 2 (two) parts, namely preventive efforts and repressive efforts. Preventive efforts carried out by the Immigration Office of West Jakarta are well underway and in accordance with existing regulations. The preventive efforts are realized in 2 (two) systems, namely administrative supervision and field supervision. In addition, these preventive efforts have proven effective with quite a number of Nigerians who abuse immigration permits by the Immigration Office of West Jakarta. Then the existing repressions are felt to require changes in the granting of actions / punishments against Nigerian people who abuse immigration permits. The change is in the form of providing legal action for investigating the violators to take precedence. Because all this time what happened in the field of giving immigration action was prioritized in giving action to Nigerian people who misused immigration permits. Even though the provision of immigration actions does not give a deterrent effect to these actors. So that the impact of these actors will do the same thing again. In practice, in the field of supervision and repression of Nigerian citizens who abuse immigration residence permits carried out by the Immigration Office of West Jakarta, there must be various problems. These problems are divided into 2 (two) factors, namely from the outside and from within. The external factor itself consists of the motives of some Nigerian citizens who came to Indonesia. Then there is a fictitious sponsor that increasingly makes it difficult to trace the perpetrators of abuse of immigration permits. Furthermore, the imbalance between the area of ​​West Jakarta's work area and the number of personnel and equipment that does not support this. Then from the point of view of internal factors which are the obstacles is the lack of supporting factors in carrying out supervision and repression of Nigerian citizens who abuse immigration permits. Finally, the attitude of the immigration officers was less assertive in giving action to Nigerian citizens who committed abuse of immigration permits.
THE BALANCE OF IMPLEMENTATION BETWEEN PROJUSTITIA AND IMMIGRATION ADMINISTRATION ACTION Budy Mulyawan; Silvester Yansen Halawa; Raden Kevin Fabio Winata
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.35

Abstract

In the current era of globalization, it is very common for humans to travel between countries. The freedom of human movement to move between countries is a basic or human rights guaranteed in the constitution. This migration right is regulated in Article 28E of the 1945 Constitution (Amendment), which determines that: "Every citizen is free to choose a place to live in the territory of the country and leave it, and the right to return." But in its development more complex problems arise which forces all parties to focus their attention on solving this problem. Of course attention is focused on the immigration institution as the guardian of the state gate, meaning as a spearhead in facing and selecting foreigners who enter or monitor foreigners in Indonesia. In carrying out its own functions Immigration agents have been provided with laws that are used in carrying out their obligations. UU no. 6 of 2011 concerning immigration is the main weapon in handling the problem of foreigners who will or have entered the territory of Indonesia. The actions taken against foreigners who commit violations in Indonesia are by pro-justisia or by immigration administrative actions (TAK).
INNOVATION OF TECHNOLOGY ON IMMIGRATION SERVICES, SPECIFICALLY ON MANUFACTURING A PASSPORT IN THE IMMIGRATION OFFICE WITH THE APPLICATION OF EPS SYSTEM (EXPRESS PASSPORT SERVICE) Wilonotomo Wilonotomo; Bagas Hidayat Putra
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.38

Abstract

Along with the development of technology to the era of globalization as it is currently demanding every performance or human activity to be more effective and faster in its completion. Including in immigration services to Indonesian Citizens related to making passports for applicants who are increasing in number every day and are required to be faster in the settlement process in order to improve the level of performance and results of applicant satisfaction that will be achieved in immigration services. Where to achieve this goal, it is supported by a technological innovation in immigration services in making passports that produce faster and better quality output by applying an EPS (Express Passport Service) system.
DISCOURSE OF REFUGEES OPERATION SCHEME AFTER ISSUANCE OF PRESIDENTIAL DECREE NUMBER 125 OF 2016 ON THE TREATMENT OF FREIGN REFUGEES IN IMMIGRATION PERSPECTIVE M. Alvi Syahrin; Bangun Widodo Pangestu
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.41

Abstract

As a state of law, Indonesia places legal norms as the fundamental foundation of the state. The issuance of Presidential Regulation No. 125 of 2016 on the Treatment of Foreign Refugees, has provided guidelines for Indonesia to deal with the existence of asylum seekers and refugees. The formulation of the problem studied is how the refugee control scheme after the issuance of Presidential Regulation No. 125 of 2016 in the immigration perspective. The research method uses normative legal research. The monitoring of refugees in Indonesia, which is imposed on the Immigration Detention Centre, has been well implemented. The monitoring scheme at the time it was found, at the shelter, outside the shelter, was dispatched to the destination country, voluntary repatriation, and at the time of deportation did not answer the problems related to the presence and activities of refugees while in Indonesia. Although the operation scheme has been clearly provided in Presidential Regulation No. 125 of 2016, it needs to be refined with technical regulations, such as the Standard Operating Procedure that regulates the mechanism of controlling refugees for all Immigration Detention Centre. Another issue of concern is the issue of funding, officials in charge of refugee control, and the imposition of sanctions if there is negligence in the case of such operation.

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