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M. Alvi Syahrin
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INDONESIA
Journal of Law and Border Protection
Published by Politeknik Imigrasi
ISSN : -     EISSN : 27985563     DOI : https://doi.org/10.52617/jaim
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 132 Documents
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Duties and Functions of Immigration Attache and Immigration Technical Staff Asto Yudho Kartiko; Anita Herlina
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.165

Abstract

The era of Globalization has a possibility for us as a human an easy way and flexibility almost in every kind of sections. It is also made things easier for us in benefit of technology advance in every sections. After that, one of our convenience is that we could stay or live in another country. When it comes to live in another country we as a foreigner is far from reach of our homeland, in other words we’re not under our homeland protection no more. Therefore, there’s Embassy as a representation of a foreign country in another nation. Besides, Embassy also needs an expert on every sections. Because of that, it is need an officials that have an expert on specific sections that called Embassy Attaché. One of those sections that has an officials or Embassy Attaché is Immigration’s section. Immigration section’s Attaché had a spesifical task and function simply and solely is on Immigration things such a passport services, self reporting, also Official Passports renewal.
(Analysis of Stateless Person and Dual Nationality Children in the Perspective of Indonesian Immigration) Della Palupi Anggraeni; Tony Mirwanto
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.170

Abstract

Citizenship is the right of everyone without exception. With citizenship, a person will get certainty and protection from a country. The nationality of a person has been recognized in international conventions. With the convention, there should be no individual who lives without citizenship status or is commonly referred to as a stateless person. However, even though there has been an international agreement regulating the status of a Stateless Person according to international rules, the existence of a permanent stateless person inhabits the sovereign area of a country. Even the rights they have to become a Stateless Person are often violated by the country where the Stateless Person is located. Apart from stateless persons, another problem regarding citizenship is the existence of dual citizenship or what is called a bipartite. In Indonesia, there is no dual citizenship, but limited dual citizenship. This has been regulated in Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia. Stateless persons and children with dual nationalities are often problems that need attention.
Case Of Disclosure Of Human Smuggling Network By Police In Dumai In The Lens Of Immigration Crackdown Fachrizza Sidi Pratama; Anindito R. Wiraputra
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.171

Abstract

Globalization has an influence on the implementation of relations between countries, between peoples, and between individuals become closer, influenced and dependent so as to create a condition of the borderless world. This is reinforced by the emergence of a crime phenomenon that crosses the borders of a country, known as Transnational Organized Crime. One form of transnational crime that became the main discussion in this journal is Smuggling of Migrants or Human Smuggling conducted in the territory of Indonesia. The cases raised are implementation and handling, especially those that have been implemented by the Police of the Republic of Indonesia in Dumai in 2017 which will be based on the point of view of immigration enforcement.
The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia Faridh Al Wajidi; M. Alvi Syahrin
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.172

Abstract

The existence of a conflict that occurs in a country makes the citizens of the country feel uncomfortable with their country so that some of them decide to run for protection. The flight has an influence on the State of Australia because it is one of the countries that are the destination countries for Asylum Seekers and so on. This then made the State of Australia make a policy in terms of maintaining sovereignty and fighting human rights crimes such as trafficking and people smuggling. The policy is Operation Sovereign Borders which turns out to experience a conflict harvest because it is not in accordance with the requirements of international law. The ratification of this policy aims at how to handle protection seekers in accordance with the requirements of International Law and law enforcement in the event of a violation based on the Operation Sovereign Borders policy. Writing KTI uses the normative juridical method. The specifications used are descriptive-analytic. Then the data used is secondary data. In its implementation, Operation Sovereign Borders is still inappropriate so that it violates the sovereignty of the Republic of Indonesia and violates the ethics of neighboring countries (good neighborliness), besides that it also violates the principles of international law contained in the 1952 Convention and instruments of International Human Rights (non-refoulement principle)
Immigration Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions Ridha Nikmatus Syahada; Muhammad Azzam Alfarizi
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.173

Abstract

Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order
Actualization Of Indonesian Immigration Policy Related To Human Rights For Refugees In Indonesia Melina Tri Asmara; M. Alvi Syahrin
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.174

Abstract

Over the past three decades, the nationality of eradicating its Rohingya, a persecuted discrimination against the Rohingya, who are a Muslim minority in Myanmar, has forced thousands of people to seek safety in countries such as Indonesia, Malaysia, Bangladesh and Thailand.. At its peak in 2015 Thailand, Malaysia, and Indonesia initially encouraged refugees who had already reached the coast, but with the work of local and international organizations, Indonesia, Malaysia and Thailand then held a consultation meeting in Putrajaya, Malaysia. During these negotiations, Indonesia and Malaysia finally agreed to provide humanitarian assistance to 7,000 illegal immigrants who were illegal to stay for one year (Ministerial Meeting, 2015). According to data from the Ministry of Foreign Affairs of the Republic of Indonesia, 1,346 refugees from Myanmar and Bangladesh entered Indonesian waters in May 2015. The refugees were resettled in two places in the Aceh region.UNHCR (United Nations High Commissioner for Refugees) appreciates the intention of Indonesia and Malaysia for their willingness to help temporarily accommodate their Rohingya refugees. Based on the change in attitudes of Indonesia and Malaysia, a statement has emerged regarding the welfare and safety of Rohingya refugees for the next few years and how Indonesia can handle problems with third countries for its Rohingya refugees. The lack of solutions related to systematic violence, denial of citizenship for the Rohingya people, and the absence of a cohesive regional framework for migration means that there is a lack of protection space regarding refugees in the protection of their social status. Therefore there is a need for a solution in the future in dealing with several policies that are only temporarily intended as a weak solution related to overcoming the prolonged situation of Rohingya refugees
LAW ENFORCEMENT EFFORTS AGAINST IMMIGRATION CRIMES Nilam Rizky Anugerah; Surya Pranata
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.175

Abstract

the development of information technology, communication and transportation are tendency in terms of increasing relations between nations globally which drives human traffic between countries, giving rise to the complexity of the problems of human mobility between countries. Based on selective policy that upholds the value of human rights, regulated entry of foreigners into the territory of Indonesia, so also for foreigners who obtain a residence permit in the territory of Indonesia must be in accordance with the intent and purpose of being in Indonesia. Immigration crime is basically in addition to its nature as an international and transnational crime and is carried out individually or in an organized manner, it is also very detrimental and endangering to the community so that a severe criminal threat is needed in order to provide a deterrent effect for foreigners who commit violations. forms of supervision of foreigners, namely, supervision of foreigners, field supervision, immigration detention centers, and prevention and deterrence.
Implementation of Normative Intelligence Policy In Immigration View Olyvia Sindiawaty; Mercy Marvel
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.176

Abstract

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.
IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS Rahma Iria Mayang Anggreini; Anita Herlina
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.177

Abstract

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of crimes that can occur to migrant workers, considering that they are non-procedural migrant workers who are not bound and protected by the law that works on Indonesian Migration Workers, namely Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the low level of public understanding of the law, and the consequences of its mistakes and weak law enforcement are the main causes of the circulation of non-procedural migrant workers which eventually become victims of crimes that may occur such as exploitation, abuse, national, persecution, smuggling, and human trafficking to become victims of murder. Immigration as a government agency associated with indonesian migrant worker carries out its function partly as public and legal service. Law enforcement carried out by immigration officials, namely monitoring to providing criminal acts, is a form of law enforcement carried out by immigration to provide protection to PMI and prevent non-procedural PMI sending.
Government Institution Collaboration In Efforts To Handling Criminal Acts Of Human Trafficking In Indonesia Case Study: Literature Study For The Area Of East Nusa Tenggara Province Tunggal Bayu Laksono; Maidah Purwanti
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.178

Abstract

Trafficking in persons is a criminal act of organized crime that occurs internationally. Indonesia, as one of the countries with the fourth largest population, has experienced this crime. One of the provinces that is the center of this biggest crime is East Nusa Tenggara. In this case, the Indonesian government through existing state institutions coordinates to eliminate the crime of trafficking in persons. Immigration as one of the agencies that deals with immigration traffic problems plays a major role in efforts to deal with the Crime of Trafficking in Persons. Coordination between one party and another is carried out by the provincial government of East Nusa Tenggara. However, improving coordination is a key point of success in handling the Crime of Trafficking in Persons. This research was conducted by conducting a literature case study which aims to find out more about the crime in question. This writing is done with a descriptive research method by describing the research results in a case study literature from various literatures used by the author.

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