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Jurnal Ilmiah Kajian Keimigrasian (JIKK)
Published by Politeknik Imigrasi
ISSN : 26224828     EISSN : 27749592     DOI : https://doi.org/10.52617/jikk
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
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
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APPLICATION OF IN LAW PRINCIPLES IN THE DECISION MAKING OF VISIT VISA EXEMPTION POLICY IN INDONESIA Hana Farah Dhiba
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.42

Abstract

The government's decision through Presidential Regulation No. 21 of 2016 concerning Visit Visa Free still leaves a myriad of question marks in the community. This policy is an implication of the government's steps to increase the number of international tourists to Indonesia. But in fact, what happens is not fully in accordance with what was announced. Some considerations related to this policy need to be explored further. The formulation of the problem examined in this paper is how to apply the Lex Superior Derogate Legi Inferiori principle and the Reciprocity Principle in making a Visa Visa Free decision making. The research method used is qualitative normative legal research and normative juridical approach. From the results of the study it can be seen that the decision on a visa-free visit policy deviates slightly from the principle of Lex Superior derogate legion inferiori and reciprocal principles. This is what needs to be explored further, so that how the future policies and decisions of the government remain in line with the principles of the applicable law in Indonesia
MULTIPARADIGM APPROACH FOR IMMIGRATION RESEARCHS Bobby Briando; Agung Sulistyo Purnomo; Sri Kuncoro Bawono
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.43

Abstract

This article discusses a research paradigm from several perspectives which is so-called Multiparadigm. Multiparadigm encompasses Positivism; Criticism; Posmodernism; and the Spiritualism. This research is qualitatively descriptive by using explanative method. The result shows that acquiring the whole paradigm will lead to a contemplation that “truth” is not single, on the contrary it is quite diverse. In this sense, the truth in the context of human consciousness is a “realtive”measure. Nevertheless, the “Absolute” truth belongs only to the Source of Knowledge, the Lord of the Universe. A research in which using multiparadigm would widen the horizon in critical thingking. It is expected that point of view will be able to lead us to a revolutionary way of thingking and enhacing intellectual, emotional and spiritual awareness within researchers.
IMMIGRATION DETERRENCE AGAINST INDONESIAN WHO AFFECTED BY RADICAL EXPERIENCES: ANALYSIS IN THE CONCEPT OF HUMAN RIGHTS Agung Joko Prasetyo; Frissilya Angelina
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.44

Abstract

ISIS is a radical group in the name of Islam as a reference in acting, becomes a hot topic in the status quo due to the impact of its actions that can destroy and divide the Indonesian nation. The interance of ISIS is by the recruitment of closest people or family because in this way it is considered very effective in influencing. ISIS which enter Indonesia is mostly brought directly by Indonesian itself who previously lived/ worked abroad and has been indoctrinated with ISIS radical and with government regulations that forbid Indonesian citizens from being refused entry into their own countries making the spread of the Islamic State much more difficult to prevent and control their existence. It is stated in the Immigration Act which prohibits its citizens from being denied entry. It is a Government, especially the Directorate General of Immigration job, who has direct authority to regulate the crossing of every person entering and leaving Indonesian territory. Some challenges that are often found such as the use of "rat track" and the lack of supervision time at Immigration Border Control which is one of the challenges for the Immigration itself. Therefore, by upholding the conception of human rights which refers to the limitations on the sorting for every person who enters and exits the country is expected to maximize of surveillance and can reduce the impact of the ISIS understanding entry of the Pancasila Ideology, culture, public trust, especially Nation sovereignty.Keywords: Indonesian, Human Rights, Deterrence.
JURIDICIAL REVIEW ON THE IMPLEMENTATION OF INVESTIGATIONS BY CIVIL SERVANTS INVESTIGATIONS IN IMMIGRATION CIVIL SERVANTS IMMIGRATION OFFICE SPECIAL SOEKARNO-HATTA Badai Yogaswara W. S. M; Muhammad Azzam Alfarizi; M. Judo Ramadhan Sumantri
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.45

Abstract

Departing from the increasingly widespread problem of People Smuggling, both in the form of organized and unorganized crime networks, both inter-state and domestic as a whole is a threat to the norms of life based on human rights. In this case the role of the immigration officer as the gatekeeper in the country's traffic in the case of people entering / leaving Indonesian territory, as in 2015, the People Smuggling case was successfully revealed by the Immigration Officer within the Soekarno-Hatta Airport Airport I, where immigration officers found three people women wearing fake passports who were about to leave for Kuala Lumpur with perpetrators Laila Yunita and Jamal Al Khatib. This writing aims to analyze the causes and effects of human smuggling, as well as examine the serious efforts made by PPNS in eradicating People Smuggling, especially in the case of People Smuggling committed by Laila Yunita and Jamal Al Khatib. The research uses a statutory approach, a conceptual approach and a case approach. So that with the case, it will be understood how important the value of legal human resources is in the scope of immigration in the context of national law development, as a breakthrough in competency development strategies
LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL M. Alvi Syahrin; Brianta Petra Ginting
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.47

Abstract

Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.
VIEW OF HUMAN RIGHTS TOWARDS DISPOSAL OF PEOPLE WITH THE "STATELESS" STATUS IN INDONESIA - CASE STUDY: DANKO NIZAR ZLAVIC Mochammad Ryanindityo; Agung Sulistyo Purnomo
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.48

Abstract

The Republic of Indonesia is not a country that ratifies the 1954 Convention relating to the Status of Stateless Persons nor the 1961 Convention on the Reduction of Statelessness, therefore Indonesia does not recognize the term “stateless persons”. As a result, the treatment of stateless persons are carried out by the Indonesian Immigration as like any other illegal immigrants. One example of this stateless persons case is the case of Danko Nizar Zlavic, who was detained for more than fifteen years on the grounds of not having a valid travel document and/ or stay permit in Indonesia due to the absence of citizenship recognition or verification by his foreign representative in Indonesia. This research aims to determine the cause of the foreign representative not acknowledging or recognizing Zlavic as its citizen and to view the case of Zlavic from a human rights perspective.
BUILDING A "SURE ACTUAL" IMMIGRATION ORGANIZATIONAL CULTURE CREATING "SURE ACTUAL" ORGANIZATION CULTURE IN IMMIGRATION Anggiat Napitupulu; Sohirin Sohirin; Bobby Briando
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.53

Abstract

This study aims to develop a concept of Immigration’s organizational culture known as “PASTI AKTUAL”, the acronym for Professional, Accountable, Sinergy, Transparent, and Innovative. While AKTUAL stands for Active, Creative, Trusted, Prominent, Credential and Logic. This article uses a qualitative descriptive approach. The data are collected from various literatuures and resources such as scientific journals, relevant book, and other academic resources. The results of the study shows that the organizational culture based on “PASTI AKTUAL” has been accordance with Immigration core values and organizational vision. However, to internalize these values into individual action in order to creating new organizational culture, Immigration needs a role model in leadership, effective communication, appropriate training, and practical action.
JURIDICIAL REVIEW OF THE FOREIGNERS INVOLVED IN CRIMINAL ACTIONS OF PEOPLE SMUGGLING AND TAKE COVER BEHIND THE RIGHTS Achmad Setiawan S
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.54

Abstract

This paper provides an understanding of the aspects that need to be considered in handling people smuggling in Indonesia. Indonesia became a country that ratified the UN Convention against transnational crime in 2000. One of the articles that regulates migrants who are considered victims of smuggling cannot be subject to criminal responsibility. So that some examples of people smuggling cases that have occurred in Indonesia, the foreigners involved are considered victims and can feel safe from criminal sanctions. Not a few of them are applying for refugee status to be able to remain in Indonesian territory. This seems to legitimize the entry of illegal immigrants into Indonesian territory, because as is well known, in general, their entry into Indonesian territory is not accompanied by legal documents and does not go through immigration checks. Although Indonesia is a country that has not ratified the Refugee Convention, the issuance of Perpres 125 of 2016 is a gap for these immigrants to get asylum rights in Indonesia. In addition, several factors underlying the occurrence of criminal people smuggling will also be discussed in this paper.
IMMIGRATION EXAMINATION APECT REVIEWED FROM IMO FAL CONVENTION Gunawan Ari Nursanto
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.55

Abstract

Indonesia is an archipelago (Archipelago Country) that has territorial borders with other countries covering land, sea or air. As an archipelagic country, Indonesia has regulations regarding the entry and exit of a person, both Indonesian citizens and foreigners. The gate through which someone enters or exits the territory of Indonesia or what is called the Immigration Checkpoint is a crossing place for everyone. With the existence of the Immigration Checkpoint as a means to anticipate threats, obstacles and disruptions to the territorial sovereignty of the Republic of Indonesia. Institutionally the Immigration Checkpoint is the work scope of the Directorate General of Immigration. In terms of the sea area there are international conventions that regulate the law of the sea which have an impact on immigration regulations that have a role in the Sea the Immigration Checkpoint namely the Cofference of Facilitation of Maritime Traffic, the convention on the ease of international maritime traffic held by the International Maritime Organization (IMO) in London. This Convention aims to harmonize government regulations with international regulations. The IMO FAL Convention was not fully adopted by Indonesia due to regulatory differences. The adoption of the IMO FAL Convention standard into regulations in Indonesia has a good influence on immigration as a standard for immigration checks for sea transport crews.
INDONESIAN LEGAL POLITICAL POLICIES ON IMMIGRATED CRIMINAL ACTION IN THE ERADICATION AND PREVENTION OF PERSONAL TRADE ACT: NORMATIVE –EMPIRIC AXIOLOGY Muhammad Azzam Alfarizi
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.56

Abstract

Transnational crime has great potential in Indonesia, which is a developing country. Transnational crime is not only driven by free trade factors or weak law enforcement in Indonesia, but also by Indonesia's geographical area itself. In the midst of the nation's problems that are happening today are very much and require serious attention, one of the things that is of serious concern is People smuggling or human smuggling. This research is a normative legal research used in an effort to analyze legal materials by referring to legal norms set forth in statutory regulations. The results of the research show about how the criminal act of human smuggling is regulated in positive law in Indonesia and how the criminal responsibility for those who commit human smuggling crimes. From the research results, it can be concluded that the international community, including Indonesia, views people smuggling as a transnational organized crime that can threaten state security. The crime of human smuggling is regulated in the Immigration Law Number 6 of 2011. Criminal Liability for the Crime of People Smuggling is in accordance with Law Number 6 of 2011 Article 120.

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