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[IMMIGRATION ADMINISTRATIVE ACTION LEGAL PORTRAIT ]]>
<![CDATA[I Gusti Putu Anom Kresna]]>;
<![CDATA[Ridha Nikmatus Syahada]]>;
<![CDATA[M Azzam Alfarizi]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.285
<![CDATA[The increasing era of globalization which causes traffic flow of people entering and leaving the territory of Indonesia. Selective Policy is one way to overcome the problem of traffic in people where this policy only allows foreign nationals who can provide benefits and do not interfere with state security who are allowed to enter Indonesian territory. To ensure that it is more effective, it is also necessary to implement a policy of providing appropriate Immigration Administrative Actions to suppress the increase in cases of immigration violations. This study, entitled Portrait of Immigration Administrative Action Law, will discuss the types of Immigration Administrative Actions and law enforcement efforts against immigration administrative actions. The purpose of this study was to determine the types and efforts of law enforcement against Immigration Administrative Actions. In this study using normative research methods because it is only aimed at written regulations so that this writing is very closely related to the library. This study explains that there are various types of Immigration Administrative Actions that are adapted to the types of violations committed by Foreign Citizens and the law enforcement efforts provided can be classified into two, namely in addition to being subject to Immigration Administrative Actions, immigration crimes can also be imposed to provide a deterrent effect to violators]]>
<![CDATA[POLICY ANALYSIS OF FOREIGN DENTENCES AT IMMIGRATION CHECKPOINT: THE DILEMMA OF RESPONSIBILITY BETWEEN IMMIGRATION AND AIRLINES ]]>
<![CDATA[Rafsanjani Is Ma’rus]]>;
<![CDATA[Fachrizza Sidi Pratama]]>;
<![CDATA[Hana Farah Dhiba]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.286
<![CDATA[In Annex 9 of ICAO, airlines as passenger facilitators have obligations and responsibilities to pre-flight, flight, and after-flight passengers. The after-flight obligation of the airline also includes the consequences for the passenger if immigration is refused in the destination country. During a temporary detention, the airline must pay attention to and take care of the passenger's needs. The immigration detention room at the TPI is a place used by the immigration authorities as a place of detention because it still requires further supervision and investigation of the foreigner.After the immigration authorities have completed the detention, at the first opportunity the foreigner is placed on the transportation means (airplane) that carries him and becomes the responsibility of the person in charge of the transportation means (the airline) and all costs incurred are borne by the person in charge of the transportation means. This study uses a descriptive qualitative method with a normative juridical approach. The normative juridical approach is a research that begins deductively with an analysis of the provisions in the laws and regulations governing problems related to the implementation and analysis of the detention policy of foreigners at immigration checkpoints. It is hoped that this responsibility dilemma can be resolved with the existence of a legal basis in the form of regulations and SOPs related to the detention of foreigners at the TPI. In order to avoid overlapping authority in terms of fulfilling the rights of foreigners by the airline in the immigration area.]]>
<![CDATA[REALIZATION OF EXTRADITION BASED ON UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE ROLE OF IMMIGRATION IN IMPLEMENTATION ]]>
<![CDATA[Dwi Nuryani]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.287
<![CDATA[Extradition is a path taken by countries that want to return criminals to the locus delicti country. Extradition is carried out based on an extradition treaty bilaterally or multilaterally, if there is no agreement, extradition can be carried out on the basis of good relations and if the interests of the country so desire. There are several guiding principles in the implementation of extradition in Indonesia, which are contained in Law no. 1 of 1979 concerning extradition. In addition, Indonesia is also one of the countries that ratify UNCATOC which in article 16 regulates or discusses extradition. The Directorate General of Immigration is a government agency that has duties and functions in terms of traffic of people leaving or entering the territory of Indonesia, in the implementation of these duties and functions there are intersections or benefits in the implementation of extradition which can provide information on Indonesian citizens or foreigners in terms of traffic of people. entering and leaving the territory of Indonesia, providing assistance in the form of travel letters to suspected perpetrators of crimes, including them on the list of prevention and deterrence, coordinating with state representatives abroad or immigration attaches in the diplomatic process, and much more. There for immigration is an institution that has an important role in the implementation of extradition because it relates to other countries which are included in the duties, functions, and powers of immigration.]]>
<![CDATA[SUPERVISION OF FOREIGNERS ACCORDING TO THE IMMIGRATION LAW IN FACING POTENTIAL THREATS TO INDONESIA'S NATIONAL SECURITY ]]>
<![CDATA[Ghozy Prananda Fakhruddin]]>;
<![CDATA[Ale Alfero Deputra]]>;
<![CDATA[Adhitya Antomarta]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.288
<![CDATA[This paper aims to find out the national security threats that may occur with the presence of foreigners in Indonesia and the supervision of foreigners according to the immigration law in the face of potential national security threats in Indonesia. The writing of this paper uses a normative juridical approach, which is a method for studying theories, legal principles, and laws and regulations relevant to research. The data collection method used is literature study. The author conducted a literature study of laws and regulations, immigration journals, and books related to immigration. Data analysis uses qualitative normative data analysis techniques. The results of this study show that the potential security threat of Indonesia with foreigners is a form of transnational organized crime (TOC), such as Cyber Crime, Human Trafficking, terrorism, drug trafficking, and money laundering (Money Laundry). The form of immigration supervision that can be carried out due to the potential threat is administrative supervision and field supervision. In addition, to develop the advancement of science and technology, the existence of a Foreigner Reporting Application (APOA) is targeted at hotel or lodging management to provide their access waivers. APOA serves to provide reports regarding the presence of foreigners to the local immigration office. Another form of immigration supervision is the presence of the TIMPORA ForeignEr Supervision Team assigned with the aim of supervising and cracking down on foreign nationals in indonesia's administrative regions]]>
<![CDATA[THE PROBLEMS OF HUMAN TRAFFICKING AS TRANSNATIONAL CRIMES IN THE PERSPECTIVE OF IMMIGRATION AND INTERNATIONAL LAW ]]>
<![CDATA[Respati Triana Putri]]>;
<![CDATA[Felix Ferdin Bakker]]>;
<![CDATA[Dhea Chairunnisa]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.289
<![CDATA[Globalization on an international scale has an impact on progress in the fields of information technology, communication, and transportation, making borders between countries depleted or borderless. This has become a principle in the international legal order, especially regarding the concept of state sovereignty. Every country in various parts of the world has been guaranteed in international law and has the exclusive right to exercise the sovereignty of its country without being able to be intervened by other countries or any party. The sovereignty of a country is an absolute thing that cannot be ignored, because sovereignty is a sign of an independent and sovereign country. International migration that occurs has a positive impact, but sometimes creates a new problem. Like Human Trafficking or human trafficking. The author will discuss Human Trafficking in the perspective of immigration and international law, including the function of immigration as a government agency that oversees the traffic of people in and out of Indonesian territory in order to maintain state sovereignty. This research itself is based on juridical and empirical normative research, namely by elaborating each material followed by observing the study of existing policies and regulations. This is intended so that this crime, namely human trafficking, can be elaborated with existing national and international legal policies and from an immigration perspective.]]>
<![CDATA[THE ROLE OF INDONESIAN GOVERNMENT DIPLOMACY AND INTERNATIONAL LAW IN BUSINESS PROVIDING PROTECTION FOR INDONESIAN MIGRANT WORKERS ]]>
<![CDATA[Felix Ferdin Bakker]]>;
<![CDATA[Muhammad Brian Dananjaya]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 1 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i1.290
<![CDATA[With a population that is above average, Indonesia has a high number of migrant workers residing abroad. This happens because of the impact of globalization and is also one of Indonesia's ways to reduce unemployment in the country. It is undeniable that from this, there will be problems and obstacles that approach. The problem of migrant workers who are abroad is currently a special concern of the Indonesian government as a guarantee that the state's goal to protect the entire nation is carried out. By using descriptive research methods obtained from various sources listed, the authors get the data that will be presented in this paper. This writing also uses a normative juridical approach. Protection in the form of a legal umbrella from Indonesia and Indonesian legal entities abroad is an important factor as a support for protecting migrant workers. With a focus on international and national law, Indonesia tries its best to carry out this protection optimally.]]>
<![CDATA[ANALYSIS OF FOREIGN SUPERVISION POLICY THROUGH APLIKASI PELAPORAN ORANG ASING (APOA) IN NON TPI BOGOR I CLASS IMMIGRATION OFFICE) ]]>
<![CDATA[W Wilonotomo]]>;
<![CDATA[Koesmoyo Ponco Aji]]>;
<![CDATA[M Alvi Syahrin]]>
<![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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<![CDATA[Bogor Districts and Bogor City are central tourism areas for International visitors. Various visitors attractions in both regions attract foreign tourists to visit so that the growth of accommodation business also increases. Increasing the growth of accommodation businesses needs to be integrated with foreign reporting applications. This writing aims to analyze the foreign reporting application policy at the immigration office using literature and field observation methods. The writing results show that the number of accommodation businesses is not proportional to the number of reporters. If further reviewed, it is necessary to update the foreign control system policy mechanism and carry out integration between foreign reporting application applications for accommodation business licensing services.]]>
<![CDATA[Review Of The Implementation Of Immigration Operation Of Foreigners Free Visa Holder Who Travel Domestically In Class I Immigration Office Tpi Mataram Relation To Legal Compliance ]]>
<![CDATA[Adelia Rabilatun]]>;
<![CDATA[Maidah Purwanti]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 2 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i2.357
<![CDATA[Foreigners who use free visa facility can freely travel domestically to other provinces in Indonesian. That condition affects the implementation of immigration operation which further has implications for legal compliance. This research aims to explain the implementation of immigration operation for foreigners using free visa facility who travel domestically in the area of Immigration Office Mataram. Moreover, the relation between the legal compliance and the implementation of immigration operation for foreigners who travel domestically to minimize immigration violations. This research uses a socio- legal research method that has similarities to empirical method. The results are the implementation of immigration operation for foreigners who travel domestically conducted in administrative or field (routine activities and joint operations) by Immigration Office Mataram. The relation between the legal compliance and the implementation of immigration operation is marked with the issues and factors that implicate forigners’s self-awareness who using free visa facility which create non- compliance or immigration violations. Furthermore, the compliance of forigners who using free Visa facility is connected to the compliance indicators and made in the scheme of compliance by emphasizing three elements. They are compliance of stakesholders, Registration of foreigners traveling domestically, and mapping the immigration operation areas.]]>
<![CDATA[Optimization Of Passport Issuance Rules For Prospective Indonesian Migrant Workers In The Formal Sector (Case Study In Class I Immigration Office Non-Tpi Tangerang) ]]>
<![CDATA[Dino Fahrenzky]]>;
<![CDATA[Anita Herlina]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 2 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i2.358
<![CDATA[The high number of unemployed in the Tangerang area and the increased demand forincreasedonesian Migrant workers from the count having a cooperation contract with the Indonesian side that people are willing to become PMI with the auto. Types of Indonesian Migrant Workers in the formal sector are classified into the types of Indonesian Migrant Workers who work for employers who are legal entities. The rules governing passport issuance requirements for prospective Indonesian migrant workers are regulated in the Minister of Law and Human Rights Regulation Number 8 of 2014 concerning Ordinary Passports and Travel Letters. Like PassportsA recommendation letter for issuing passports from the Manpower Office is one requirequirementgiving ta ticket fovisato stive, Indonesian migrant workers. Still, in its implementation at the Immigration Office Class I NoNon-Non-TPIgerangrospective, Indonesian migrant workers, especially in the formal sector, often do not take care of issuing recommendation letters for issuing passports from the Manpower Office for various reasons. Therefore, it is explained that the implementation of regulations for PMI candidates who register for passport issuance at the Class I Non-TPI Tangerang Immigration Office is explained whether the rules for PMI candidates in the formal sector are optimal. Therefore, it is necessary to optimize the laws governing the requirements for issuing passports for prospective Indonesian migrant workers, especially in the illegal industry, whiwhiwhicis optimal. This can be seen from the immigration system at the time of data entry; only prospective migrant workers in the informal sector are required to input PMI ID, while profuturedonesian migrant workers in the formal sector do not enter PMI I, D so the data entry process can continue. Thereforeurgente copy of the recommendation letter for passport issuance from the Manpower Office is only focused on prospective Indonesian migrant workers in the informal sector, not on prospfuturenesian migrant workers in the formal sector.]]>
<![CDATA[Harmonization of ASEAN Policy in Responding to the Phenomenon of Migration and Prevention of Transnational Crime ]]>
<![CDATA[Felix Ferdin Bakker]]>;
<![CDATA[Respati Triana Putri]]>;
<![CDATA[Ale Alfero Deputra]]>
<![CDATA[ Journal of Law and Border Protection Vol 4 No 2 (2022): JLBP : Journal of Law and Border Protection ]]>
Publisher : <![CDATA[Polteknik Imigrasi ]]>
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DOI: 10.52617/jlbp.v4i2.359
<![CDATA[The existence of migration and technological developments at present make the boundaries between countries even more invisible. ASEAN's position in Southeast Asia is becoming increasingly problematic. Currently, the development of crimes in the Southeast Asian region which is increasingly widespread makes it necessary to strengthen cooperation between countries through the ASEAN organization. Until now, the ASEAN Ministerial Meeting on Transnational Crimes (AMMTC) has not been able to equalize perceptions between ASEAN countries in formulating policies. This research itself is based on these problems with research based on juridical normative research methods. Normative legal research is also called doctrinal legal research, library research, or documentary studies. It is hoped that with an organization that brings together elements of border and security in ASEAN, policies can be more focused. Besides, Indonesia's position as a large country in ASEAN is also required to play a more active role in solving this problem.]]>
