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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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PERAN INTELEJEN KEIMIGRASIAN DALAM UPAYA PENCEGAHAN KEJAHATAN TANSNASIONAL DI INDONESIA Adhitya Antomarta; Wilda Ramadhani Mansur
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.275

Abstract

Crime is increasing in this day and age. Not only a crime in the real world but also in cyberspace such as hacking, cyber crime, and others. Which in the end has the potential to give birth to a sense of discomfort in social life. Indonesia as a sovereign country, the drafting of government regulations is based on the 1945 Constitution of the Republic of Indonesia. As a sovereign country, the Republic of Indonesia in its legal development cannot be separated from the laws governing foreigners, besides that it also regulates Indonesian citizens. The immigration control function plays an important role in maintaining the security and security of the country from all forms of internal and external disturbances. In this study, we will discuss the role of Immigration Intelligence in monitoring foreigners and the obstacles and steps that must be faced by the Directorate General of Immigration in carrying out the function of Immigration Intelligence. In this study, the author uses a qualitative approach by collecting and utilizing information and data related to the problems discussed. The role of intelligence in the supervision of foreigners is certainly in line with the immigration function, namely supervision where this is due. In connection with this supervision, some of the obstacles experienced become obstacles, namely the UPT which is still not developed evenly in every cross-border city in Indonesia, the quality of the employees who are also still not good at carrying out the assigned tasks, regulations that are still incomplete in carrying out the tasks assigned to them. manage foreigners. With some of these obstacles, it is not an excuse for the Directorate General of Immigration to supervise foreigners, the Directorate General of Immigration also takes steps in an effort to supervise foreigners by issuing policies called selective policies. With these policies, it is hoped that the supervision of foreigners in immigration intelligence can run well and all existing obstacles will be overcome. Suggestions that can be conveyed by the author is the supervision of the implementation of the policies issued and the improvement of human resources.
OPTIMIZATION OF IMMIGRATION FUNCTIONS ON HUMAN TRAFFICKING THROUGH SELECTIVE POLICY Esla Wira Yustisia Putri; Mita Apriyana Sari; M Arief Hamdi
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.276

Abstract

Indonesia is involved in accelerating the mobilization of people between countries as a result of the rapid growth of globalization. However, the circulation of the world's population raises some serious problems, one of which is human trafficking. Human trafficking has become a successive problem in the international arena that has not been found to be resolved. International conventions and the Indonesian government have issued several regulations that are used to combat human trafficking. World problems that occur especially in border areas involve the role of immigration in neutralizing world crime, in this case the problem of human trafficking, which is reflected in the immigration function in Law No. 6 of 2011. This cross-border crime is a crucial problem that poses a challenge to immigration in particular. Indonesian immigration authorities in optimizing the selective policy. Selective Policy is one of the implementations of the immigration function in maintaining state security and upholding state sovereignty. This selective policy is used by immigration officers in carrying out their duties and functions to regulate the entry and exit of a person from a country, especially Indonesia.
Implementation of Selective Policy in Granting State Enterprises License Calling Visa in Anticipating Immigration Violations at Immigration Examinations Ale Alfero Deputra; Bima Yosua A Tarigan
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.277

Abstract

State guests from calling visa countries come to Indonesia through the Immigration Checkpoint without a visa and are granted an entry permit on condition that they have clear recommendations. This policy is given based on the consideration of the competent authorities in order to support good bilateral cooperation between countries. The research method used is empirical normative legal research which is descriptive qualitative in nature by collecting data by collecting legal materials by identifying and analyzing laws and regulations, field data, library materials (books, scientific papers, articles), and other sources. other legal materials that are still relevant in this study. This research was conducted to determine the implementation of selective policies in granting entry permits for state guests (VVIP and VIP) from calling visas in anticipation of immigration violations at the Immigration Checkpoint and to find out the relationship between the selective policy and the applicable law. From the results of the study, it was found that the selective policy as a principle in granting entry permits for state guests calling visas still pays attention to the balance between the security approach and the welfare approach where the procedure is contained in the Regulation of the Minister of Law and Human Rights.
Enforcement of Immigration Law Against Human Smuggling Especually Illegal Foreign Labor in Indonesia : Normative – Empiric Axiology Fajar Dimas N. I; M Irfan Singke
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.278

Abstract

Transnational crime has the potential to occur in Indonesia, which is a developing country. Transnational crime is not only driven by the free trade factor and weak law enforcement in Indonesia, but also by the geographical area of ​​Indonesia itself. In the midst of many national problems that are currently happening and require serious attention, one of the serious concerns is people smuggling or people smuggling. Law enforcement against immigration crimes, especially the problem of misuse of foreign workers' residence permits by law enforcement officers, especially PPNS investigators is still very weak. This can be seen in the development of the issue of illegal foreign workers which is being discussed in the community. This situation needs serious attention from the government, especially law enforcement. Enforcement of illegal foreign workers can be carried out administrative actions in the form of paying fees/fines, deportation, revocation of business licenses, and if the conditions for employing foreign workers are not met, the licensing agency can repatriate foreign workers to their countries of origin, and deterrence or criminal sanctions with the threat of imprisonment. The policy of determining in the future should stipulate a special minimum and a special maximum in criminal sanctions, in addition to mapping the division of roles so that there is no generalization of the imposition of criminal sanctions accompanied by the determination of criminal rules that are oriented towards smugglers and the people being smuggled.
Optimization of Strategic Policy for the Prevention and Law Enforcement of the Crime of People Smuggling Wilda Ramadhani Mansur; Adhitya Antomarta
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.279

Abstract

People smuggling as one of the transnational crimes that threatens Indonesia is still a global problem that is still difficult to find a way out. In addressing this issue, Indonesia must adhere to the precautionary principle but still prioritize state security. This study aims to determine the practice of people smuggling in Indonesia, how to regulate criminal acts and the formulation of policies related to people smuggling in Indonesian national law. This writing uses a juridical-normative approach through collecting data and library materials relevant to the topic of this research. From the results of the study, it was found that border control policies, deportation policies and legalization policies, as well as inspection policies on work locations, raids, and strict sanctions against perpetrators of people smuggling agents need to be carried out in the context of law enforcement against people smuggling crimes. In this case, the government through immigration as the relevant agency needs to conduct a study and draft special legal rules for people smuggling in Indonesia.
IMMIGRATION LAW PERSPECTIVE ON FOUNDED CHILD WHO COMPLETE IMMIGRATION CRIME IN INDONESIA Muhammad Alvi Ghazy Ghazy; Sania Nizar Putri Ashari
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.280

Abstract

One of the impacts of the decline in community morale is characterized by the rise of promiscuity which results in more and more babies born out of wedlock. In this regard, the main issue that will be discussed here is the concept of children found from the perspective of immigration law and its implications. According to Islamic law, the child found can be associated with the person who found it by means of confession so that the child found becomes a legitimate child like his own child. Especially for a child found by a girl, guardianship remains with the person who found and recognized it and if the child wants to marry then the guardian is the one who finds and recognizes it. However, its implementation still raises questions about the status of granting immigration documents such as passports or other immigration documents if the child found wants to leave Indonesia.
URGENCY OF LEGAL CONSEQUENCES TO THE ABSENCE OF PROVISIONS FOR THE PERIOD OF IMPLEMENTATION OF DEPORTATIONS IN IMMIGRATION LAW asto yudho kartiko; Muhammad Azzam Alfarizi
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.281

Abstract

Deportation is an act of expelling foreigners who violate the law in order to maintain the sovereignty of the country. however, article 85 of Law Number 6 of 2011 concerning Immigration is not regulated regarding the period of deportation. This is by the National Legal Development Agency of the Ministry of Law and Human Rights of the Republic of Indonesia in the Final Report on the Evaluation of Immigration Law in 2020. The formulation of the problem of this study is how the legal consequences are on the absence of provisions governing the period of deportation. The research method used is a qualitative-normative metde with a conceptual approach. The results of this study are due to the law, namely the occurrence of overcapacity, there are detainees who have served more than 10 years of detention, and the occurrence of conflicts of detention with officers and between detainees. The advice that can be given is to immediately make provisions for the period of implementation of deportation.
HANDLING OF FOREIGN REFUGEES IN PANDEMIC TIMES IN CRIMINOLOGICAL THEORY PERSPECTIVE (CASE STUDY OF THE ENVIRONMENT OF SIRIH GARDEN, JAKARTA Fachrizza Sidi Pratama; Hana Farah Dhiba; Rafsanjani Ismarus
Journal of Law and Border Protection Vol 3 No 2 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.282

Abstract

In Indonesia, more than 13,645 confirmed cases and the death toll reached 959 victims. In suppressing the number of spreads, the government has issued various policies with WHO standards, one of which is large-scale social restrictions (PSBB) by limiting community activities and movements as an effort to quarantine a region's health while still mobilizing basic needs for Indonesian citizens (WNI) and other citizens. affected foreigners. In the midst of the condition of the spread of the Covid-19 virus, which does not look at who will be infected, there is a group of people who have been neglected and have not been touched by much assistance from the government. They are refugees and asylum seekers residing in Indonesian territory. Being a complex problem, in the absence of domestic laws that regulate the problem of handling refugees, as well as the condition of refugees who have a high level of infection with Covid-19, this causes an anomaly in the enforcement of human rights (HAM). The Indonesian government in handling the Covid-19 pandemic should ensure that all levels of society are made a top priority, including refugees. The provision of access to social assistance is also considered, such as the provision of adequate shelter rooms, food supplies, personal protective health equipment (masks, antiseptics), as well as medical services and facilities.
ANALYSIS OF THE APPLICATION OF LABELLING THEORY IN INDONESIAN IMMIGRATION GLASSES: A CASE STUDY OF NIGERIAN DIPLOMATS WHO ARE SUSPECTED TO BE VICTIMS OF "MURSERY" BY THE IMMIGRATION OFFICERS IN SOUTH JAKARTA Hana Farah Dhiba; Fachrizza Sidi Pratama; Rafsanjani Ismarus
Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.283

Abstract

The misunderstanding of the video footage of Immigration officers checking Nigerian foreigners which went viral on social media which then created various speculations and misunderstandings in the community. However, the circulating footage only shows when the officers fought and defended themselves against the foreigner and the foreigner shouted "I can't breathe, I can't breathe" thus making the atmosphere cloudy. The case of alleged mistreatment of Nigerian diplomats by unscrupulous immigration officers has attracted public attention and has become a trending topic in various media. This indirectly causes various versions of the series of events that appear on social media. Our society and Indonesian immigration officers are applying the theory of labeling sequentially, the process starts with the primary deviance, namely by naming Nigerian citizens as rioters or perpetrators of violations and secondary deviance applies because since the label was given to Nigerian citizens, the level of crimes committed has increased and always there every year. the second reaction is that the community is against it, this happens because they have a negative stigma and give a bad label to black citizens including Nigerian citizens. Therefore, they confirmed that in handling and securing the Nigerian citizens, immigration officers had to use violence for fear of unwanted things such as the WN running away, rebelling and the like.
HANDLING OF REFUGEES AND ASYLUM SEEKERS AT IMMIGRATION DETENTION HOUSES IN INDONESIA BASED ON INTERNATIONAL REFUGE LAW PROVISIONS Muhammad Azzam Alfarizi; Asto Yudho Kartiko; Dwi Nuryani
Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i2.284

Abstract

Refugees and asylum seekers are often the topic of problems between the receiving State and the United Nations High Commissioner for Refugees (UNHCR) as a mandate from the United Nations (UN) to protect refugees and help refugees find solutions to their situation. In order to minimize the impact of the existence of foreigners as illegal immigrants who later declare themselves as asylum seekers and refugees, it is necessary to have arrangements that provide equality and uniformity of direction in immigration handling and treatment. The implementing provisions of these regulations are derived from the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.05.IL.02.01 of 2006 concerning Rudenim which regulates temporary shelters for foreigners who violate applicable laws and regulations, especially in the field of immigration. For example, the protection status of Rohingya refugees in Indonesia. This research uses a statutory approach, a conceptual approach, and a case approach.

Page 6 of 14 | Total Record : 132

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