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[IDENTIFY ABUSE STAY PERMIT BY FOREIGNERS IN INDONESIA ]]>
<![CDATA[Annisa Niazela]]>;
<![CDATA[Anita Herlina]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.179
<![CDATA[Abuse is applying something that is not what it should be. Foreigners often try this matter by violating the provisions of the time limit for a stay permit (overstay). Immigration law enforcement in this matter must really be enforced so that this matter does not happen again. Based on Law No. 6 of 2011 on Immigration, to prevent abuse of residence permits and law enforcement against foreigners who violate the requirements of a residence permit, monitoring of administrative completeness is intended for foreign citizens who enter Indonesian territory and take administrative actions. as well as legal remedies through a legal panel process. In this matter, it means to improve Human Resources (HR) in all aspects of immigration]]>
<![CDATA[Analysis of the Implementation of Criminal and Administrative Offenses in the Perspective of Immigration Law Number 6 of 2011 (Case Study Djoko Soegiarto Tjandra) ]]>
<![CDATA[Bima Yosua A Tarigan]]>;
<![CDATA[Faridh Al Wajidi]]>;
<![CDATA[K Karina]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.180
<![CDATA[Criminal action is an act that violates the rules and punishable by crime, while the immigration administrative action is an administrative sanction given to foreigners outside the judicial process. One of the cases that have been in the public spotlight is the criminal case of Cessie Bank Balicorruption and bribery related to the deletion of the wanted list (DPO) by Djoko Tjandra. This study uses a qualitative empirical normative legal approach with data collection in the form of library materials which include statutory regulations, books, papers, and other sources. The formulation of the problem discussed in this study is how the application of criminal acts and Immigration Administrative Measures (TAK) in Law Number 6 Of 2011 concerning Immigration which is charged against Djoko Tjandra. The purpose of this research is to find out the criminal acts and administrative immigration actions given to Djoko Tjandra who was an Indonesian fugitive for many years. Based on the data analysis carried out, it was concluded that criminal and administrative actions ensnared Djoko Tjandra and the elements who helped him in accordance with the applicable rules, namely as the provisions written in the Criminal Code, Law Number 20 Of 2001 concerning the Eradication of Corruption Crime, and Law Number 6 Of 2011 concerning Immigration.]]>
<![CDATA[LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS ]]>
<![CDATA[Brian Dananjaya]]>;
<![CDATA[Lidya Marsaulina]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.181
<![CDATA[The purpose of this study is to determine and analyze the legal protection of Indonesian citizens working abroad from the perspective of domestic law and international law. The research method used is descriptive research methods and qualitative analysis techniques. The results obtained from this study indicates that human trafficking is a growing human rights problem in the international community, with a focus on prostitution involving women and children. Over time, changing times and increasing demand, human trafficking is no longer only in the field of prostitution, but also used in the form of forced labor, slavery, and the sale of organs. To regulate the protection of migrant workers, the United Nations General Assembly passed Case No. 45/158 in New York on December 18, 1990 which became the legal umbrella by issuing it. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The problem of migrant workers working abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal is to protect the entire nation carried out. Protection in the form of a legal norm from Indonesia and legal entities abroad is an important factor to support the protection of migrant workers. With the direction of international and national law, Indonesian goverments puts out every effort to carry out legal protection optimally.]]>
<![CDATA[The Role of ASEAN in Tackling the Main Issues of Transnational Crime in the Southeast Asia Region ]]>
<![CDATA[Felix Ferdin Bakker]]>;
<![CDATA[Andhika Parama Putra]]>;
<![CDATA[Respati Triana Putri]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.182
<![CDATA[Southeast Asia, a strategic region with a large border area, makes it an area prone to transnational crimes, especially terrorism, drug trafficking and human trafficking. This article aims to determine the role of ASEAN in tackling the main issues of transnational crime in the Southeast Asian region. International crimes in Southeast Asia are increasingly common. This research study uses normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes, especially human smuggling, can be presented comprehensively and informatively. In dealing with this problem, ASEAN must play an active role by taking strategic steps through cooperating with other countries such as the United States and agreeing on various policies with ASEAN member countries related to handling transnational crimes, especially crimes of terrorism, drug trafficking and human trafficking.]]>
<![CDATA[IMMIGRATION POLICY IN EFFORTS TO ERADICATION AND PREVENTION OF HUMAN TRAFFICKING ]]>
<![CDATA[Fikri Madani Tara Putra]]>;
<![CDATA[Anindito R. Wiraputra]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.183
<![CDATA[The large potential for transnational crime in Indonesia is a problem that needs to be addressed. In this case it is a problem of human trafficking, these problems are very complex and complicated to solve. This trafficking is usually aimed at children and women. There are so many modes used by these perpetrators, one of them is through sending illegal Indonesian Workers. The government began to move specifically in the field of immigration in carrying out efforts to combat human trafficking in violation of human rights, because immigration is the front guard in examining people who leave or enter Indonesian territory. Selective policy helps immigration parties in the Immigration Examination Site in selecting foreigners who enter the territory of Indonesia. And immigration also supervises the sending of Indonesian Workers abroad. This supervision is intended to avoid sendingillegal Indonesian Workers.]]>
<![CDATA[Overload in Immigration Detention Houses ]]>
<![CDATA[M. Ridwan Ari Hermawan]]>;
<![CDATA[Devina Yuka Utami]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.184
<![CDATA[Implementation of Standard Operating Procedure for Immigration Detention Center (Rudenim) is still not running smoothly or less effective. This is due to the confusion and contradictions in the statement of basic measures and policy objectives which have resulted in disciplinary regulations that intersect with Standard Operating Procedures regarding temporary exit permits for Deteni without escort. The level of supervision carried out by Rudenim is not optimal. The existing regulations have not been able to provide effective supervision so that violations may occur. If there is no current supervision of asylum seekers outside the shelter, it is possible that other bad things will happen, so there is a need for a good formulation of the Code of Conduct. And also the lack of rudenim at the Immigration Office in Indonesia which causes overload, resulting in unwanted cases.]]>
<![CDATA[IMMIGRATION PROVISIONS AGAINST THE TRAFFIC OF PEOPLE ENTERING / EXITING THE REGION OF INDONESIA ]]>
<![CDATA[Norbertus Oriwardana]]>;
<![CDATA[Devina Yuka Utami]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.185
<![CDATA[This paper is based on CHAPTER III Law no. 6 of 2011 concerning Immigration "Entering and Exiting the Territory of Indonesia". Every foreigner or citizen who wants to enter or leave the territory of Indonesia must go through the Immigration Checkpoint (TPI), if there is a discrepancy and doubt about the validity of the travel document, the immigration officer has the right to refuse to give the person entry or exit stamp. Therefore, immigration has a very vital role in maintaining the country's sovereignty, immigration officers are required to be competent in carrying out their duties. Maintaining state sovereignty through selective policies must be maximized. The need to guard the door of state sovereignty to avoid potential threats that come from various angles.]]>
<![CDATA[International Law Policy Against Illegal Migration in Efforts to Eradicate and Prevent Trafficking in Persons ]]>
<![CDATA[Norbertus Oriwardana]]>;
<![CDATA[Maidah Purwanti]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.186
<![CDATA[Thisiarticle describes the problems of crimes against humanity, namely human trafficking and peopleismuggling that occuriin Indonesia. Thereiareithreeicomponents thatiwillibeitheisubject ofithisiarticle.iFirst,ithisiarticleiwillianalyzeitheicausesiofihumanitraffickingiand peopleismuggling in Indonesia. Second,ithisiarticle will examine human traffickingiin Indonesia,iwhich,iasiitiis known,iis a transit country for those who intend to commit transnational crimes. Third, the Indonesian government's efforts to combat human trafficking and people smuggling are viewed from the aspects of international law and immigration crimes. As is well known, from most cases of human trafficking and people smuggling that have occurred, the majority are women and children. Therefore, the crime of smuggling and trafficking in personsiisiaireflectioniofitheiIndonesianigovernmentiwhich does not yet fully have a permanent andibindingilawirelateditoipolicies regulating the movement of people in this case.]]>
<![CDATA[Indonesia's Selective Policy Against Illegal Immigrants In The Framework Of Asean Cooperation ]]>
<![CDATA[Respati Triana Putri]]>;
<![CDATA[Nanda Bayu Pamungkas]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.187
<![CDATA[The chaos that has occurred in several countries has resulted in population displacement aimed at finding new safe and conducive places to live. For example, this chaos is like war, bloody conflict, genocide, and so on. So that many people from conflict countries migrate to other countries to achieve a better standard of living. However, sometimes they do the migration without following the procedure or they are called illegal immigrants. Indonesia is one of the developing countries and transit countries where the geographical condition of Indonesia which is in the form of an archipelago makes access to and out of the country more freely and open. With this, the potential for transnational (transnational) crime increases. The potential of the Indonesian state in the occurrence of transnational crimes is an interesting matter to discuss. In this paper, the authors use normative legal research methods with qualitative data collection juxtaposed with descriptive analysis techniques so that the existing problems regarding transnational crimes can be presented comprehensively and informatively. So to deal with this problem, countries in ASEAN are demanded to be able to play an active role in taking preventive steps to prevent and minimize transnational crime in ASEAN countries and Indonesia.]]>
<![CDATA[Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling ]]>
<![CDATA[Doniar Andre Vernanda]]>;
<![CDATA[Tony Mirwanto]]>
<![CDATA[ Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v2i1.189
<![CDATA[Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law]]>
