Journal of Law and Border Protection
An objective of JLBP: Journal of Law and Border Protection is to promote the wide dissemination of the results of systematic scholarly inquiries into the broad field of migration research. JLBP: Journal of Law and Border Protection is intended to be the journal for publishing articles reporting the results of research on migration studies. JLBP: Journal of Law and Border Protection invites manuscripts in the areas: Migration Studies; Border Studies; Law Studies; Administrative Law; Transnational Organized Crime; Labor Mobility and Employment; Territorial Disputes; Refugees And Asylum Seekers. JLBP: Journal of Law and Border Protection 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 JLBP: Journal of Law and Border Protection 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.
Articles
132 Documents
<![CDATA[REINFORCEMENT THE ROLE OF INTELLIGENCE THROUGH SURVEILLANCE POSTS IN EACH WORK AREA OF THE IMMIGRATION OFFICE ]]>
<![CDATA[Achmad Setiawan S]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.153
<![CDATA[Indonesia is the largest island nation in the world consisting of 17,508 islands spread from sabang to merauke. This area of course in addition to having a positive impact in the maritime sector can also be a threat to the sovereignty of the country. With the continued increasing flow of international migration comparable to the level of immigration violations that occur. Therefore, this article will discuss the effectiveness of the implementation of immigration intelligence tasks and functions in Indonesia. The research uses qualitative approach by using secondary data that includes books, laws and regulations, and scientific journals as well as various other literature. The results showed that immigration intelligence carries out the duties and functions of intelligence investigation and security. The implementation of intelligence tasks and functions carried out by the Directorate General of Immigration and the Immigration Office upt in general is quite good, but sometimes there are still some violations that escape surveillance. Therefore, in an effort to optimize the role of immigration intelligence, it is considered necessary to establish intelligence posts in each area of work of the immigration office for the effectiveness of the implementation of intelligence officers in the field.]]>
<![CDATA[Implementation of Immigration Supervision Refugees at Community House In Under Control Supervision of Immigration Detention House Jakarta ]]>
<![CDATA[Asto Yudho Kartiko]]>;
<![CDATA[Jennifer Cecilia Telaumbanua]]>;
<![CDATA[Tsaltsa Syah Putri]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.154
<![CDATA[Indonesia is one of the countries that has not ratified the 1951 Convention on refugees but that does not prohibit refugees from coming and getting protection in Indonesia because based on the prevailing constitution, Indonesia has the responsibility to handle refugees and carry out immigration control over them. With the existence of Government Regulation Number 125 of 2016 concerning Handling of Refugees from Abroad, immigration plays a role in collecting data, placing, monitoring, and returning refugees to their home countries or third countries. Supervision is an important action taken in dealing with refugees while in Indonesia. Refugees who have received approval from UNHCR and have special needs will be placed in the Community House. The formulation of the problem in this study is how to implement immigration control for refugees in the Jakarta Community House and what obstacles are found in conducting surveillance. The purpose of this research is to find out how the implementation of immigration control carried out on refugees in Community House Jakarta. The research method used is normative empiris, using primary and secondary data, studying and evaluating phenomena about refugees and legal norms related to refugees and immigration control obtained from literature and law, then analyzed to get conclusions. So it can be explained that the implementation of immigration control of refugees at the Jakarta Community House is carried out by means of attendance and data collection on refugee identification cards and stamps and signatures of Jakarta Rudenim officers. The obstacle to monitoring at the Community House is that there is still conflict between the refugees and the refugee's poor health condition.]]>
<![CDATA[Immigration Detention Supervision Urgency ]]>
<![CDATA[Cinde Salsabiil]]>;
<![CDATA[Dwi Nuryani]]>;
<![CDATA[Happy Herlambang]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.155
<![CDATA[World War II was a war between the Allied Powers and the Axis Powers, both of which had extraordinary military power. Seeing the post-World War II conditions, many people lost their homes and families so that in order to realize human rights, the international community agreed to form the United Nations (UN) or the United Nations (UN) with the aim of strengthening international cooperation and preventing conflicts. upcoming conflict. In terms of protecting refugee rights, the United Nations established the legal basis for the Geneva Convention 1951 which is a guideline for the international community in providing protection for refugees. Australia was one of the countries that took part in ratifying the Geneva convention of 1951, while Indonesia was not one of the countries that ratified the convention. However, due to the geographic location of Indonesia as opposed to Australia, Indonesia has had the impact, namely the number of asylum seekers waiting for their refugee status and some of them are not clear because they are not included in the category of refugees by UNHCR. So that the author will explain how important the supervision of refugees in Indonesia is by the Immigration Detention Center or often referred to as Rudenim. In the Duties and Functions of Rudenim there is already a supervisory function but the subject of such supervision is detainees, while in Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Abroad, Rudenim has the duty to supervise refugees in Indonesia, so that there are discrepancies between the regulations of the Rudenim Administration and the legal basis governing the handling of these refugees.]]>
<![CDATA[Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years ]]>
<![CDATA[Fachrizza Sidi Pratama]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.156
<![CDATA[Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function. Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.]]>
<![CDATA[The Phenomenon of People Smuggling in the Lens of Indonesian Immigration: Efforts for Handling and Collaborating with Institutions in Handling it ]]>
<![CDATA[Hana Farah Dhiba]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.157
<![CDATA[People Smuggling or also known as human smuggling is a crime against humanity that is increasingly happening. Indonesia is one of the countries with a high number of people smuggling crimes and it is very potential. The phenomenon of People smuggling in Indonesia is closely related to immigration. This is because the crime of people smuggling involves immigration factors including traffic entering and leaving Indonesia, foreign citizens, Indonesian citizens and State sovereignty. Therefore, the importance of law enforcement and optimal eradication efforts need to be done by realizing various collaborations between institutions and between ministries so that people smuggling crime practices in Indonesia can be suppressed and minimized for the realization of national and state security guarantees. The research method used is descriptive qualitative research and normative juridical approach. From the research results, it can be seen that the People Smuggling Crime is a transnational crime that threatens the country from two sides, from outside and inside. From the outside, human smuggling is carried out by illegal foreign immigrants who make Indonesia a transit area. Meanwhile, the internal threat is the practice of people smuggling carried out by Indonesian citizens who want to work as Migrant Workers abroad through illegal channels or also known as Non-Porsedural TKI or Illegal Migrant Workers (TMI). With these two threats, it is necessary to pay more attention to eradicating these crimes. The implementation of cooperation between institutions is one of the answers to existing problems.]]>
<![CDATA[Prevention and Deterrence of Foreigners who Violate Immigration Regulations ]]>
<![CDATA[I Gusti Putu Anom Kresna Wardana]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.158
<![CDATA[Indonesia in dealing with the traffic of people into and out of its territory applies the Immigration Selective Policy Theory. This theory has the principle that only foreigners can provide benefits for the welfare of the people, nation and state, do not endanger security and order, and are not hostile towards the people who can enter and leave the territory of Indonesia. The formulation of the problem examined in this paper is how to prevent and deter foreigners who violate immigration regulations and how the concept of prevention and deterrence is in immigration control. The research method used is qualitative normative legal research and mixed logic (deductive and inductive). From the results of the research it can be seen that the efforts made by Indonesia in the prevention and deterrence of foreigners who violate the Immigration regulations by applying the provisions of article 75 point 2 of Law no. 6 of 2011 can be in the form of inclusion in the list of Prevention or deterrence, restrictions, changes, or cancellation of Stay Permits, prohibition of being in one or several certain places in the Indonesian Territory, the obligation to reside in a certain place in the Indonesian Territory, the imposition of fees , and / or deportation from the territory of Indonesia.]]>
<![CDATA[APPOINTMENT OF DIPLOMATIC HEAD AND STAFF ON IMIRGATION ATTACHES ABROAD ]]>
<![CDATA[Jayadi Al Amien]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.159
<![CDATA[As technology advances and it is easy for humans to move from one region to another, the flow of migration is getting faster and more intense. Of course, the role of the Asian government is very significant in terms of the entry and exit of people in the Territory of the Republic of Indonesia. In making it easier to carry out the Immigration function, it is necessary to establish Immigration representatives abroad, namely the Immigration Attaché and Immigration Technical Staff at the Representative Office of the Republic of Indonesia. Through normative research, the author aims to explain the duties and functions of the Immigration Attache and Immigration Technical Staff at the Indonesian Representative Office and their position as a representative of the Regional Office. The national interest of a country needs to have a relationship between countries in order to create social welfare. The researcher conveys the position of technical attaché and technical staff from an international legal point of view in order to place the duties and functions of the regional offices in the Representatives of the Republic of Indonesia Abroad.]]>
<![CDATA[Deportation of Foreign Nationals Residing in Indonesian Territory from Human Rights Perspective ]]>
<![CDATA[Lisa Arianti Kusuma Dewi]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.160
<![CDATA[A country has the power to refuse entry or deport any foreign citizen who is in the territory of the country. However, the existence of this power does not necessarily make the state arbitrarily treat everyone. There are limits that must be considered, namely the existence of human rights that must be protected and upheld. This paper is written with the intention of examining the implementation of deportation of foreign nationals in Indonesian territory from a human rights perspective. This paper is designed using qualitative data analysis with data collection methods in the form of literature or literature studies.]]>
<![CDATA[Optimization Of Employee Civil Servants Investigations In Handling Case Of Immigrated Criminal Acts ]]>
<![CDATA[Muhammad Azzam Alfarizi]]>;
<![CDATA[Ridha Nikmatus Syahada]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.161
<![CDATA[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]]>
<![CDATA[The role of Immigration of Indonesia in facing Terrorism ]]>
<![CDATA[Muhammad Muqtadir Drajad Lokanasaputra]]>
<![CDATA[ Journal of Law and Border Protection Vol 1 No 1 (2019): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v1i1.162
<![CDATA[This paper describes the role of Indonesian Immigration in facing terrorism. One of them is the role of Immigration Intelligence set out in Law number 6 of 2011 concerning Immigration. Here the role of intelligence in following up an investigation, security, and raising, ranging from granting visas, granting DPRI, to the Immigration office and at the Immigration Checkpoint (TPI). Terrorism is a crime against humanity and civilization and is a serious threat to the sovereignty of a country. The author tries to discuss the roles of Indonesian Immigration in its efforts to deal with the problem of terrorism that has plagued various countries in the world. The role of Immigration Intelligence plays an important role in dealing with this problem if viewed from the role of Immigration Intelligence, immigration should be in terms of traffic in and out of people both Indonesian and foreigners in Indonesia.]]>
