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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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Citizenship In Immigration Perspective Yogi Prabowo; Taufiqurrohman Syahuri
Journal of Law and Border Protection Vol 4 No 2 (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.v4i2.360

Abstract

Citizenship shows the relationship between the state and citizens. The right to citizenship is the basic right of every person. However, the state absolutely can determine the principles in determining citizenship. Indonesia has made arrangements for citizenship through Law Number 12 of 2006 regarding Citizenship of the Republic of Indonesia. This research uses normative legal analysis because the object of this research is the legislation which has permanent and binding legal force. Conceptually, Indonesia makes Pancasila as its own views, ideas, and ideals about ideal citizenship. In determining citizenship status, Indonesia adheres to the ius sanguinis principle and the ius soli principle to a limited extent. Basically, Indonesia applies single citizenship, but children can be given limited dual citizenship for the sake of fulfilling human rights and protection. With the regulation of citizenship both in national and international law, in fact there are still stateless people. Indonesia is also inseparable from the existence of stateless people. In line with the regulation of citizenship in Indonesia, Immigration is here to provide services and protection to the status of Indonesian citizenship, as well as to ensure the existence and activities of foreign nationals in the territory of Indonesia in order to guarantee the potential, dignity and worth of every person in accordance with human rights based on Pancasila and The 1945 Constitution of the Republic of Indonesia.
Factors Analysis Of Decision Consideration Of The Class I Immigration Office Banda Aceh On The Immigration Administrative Action In The Case Of Yousuf Karim M. Al Mudawar
Journal of Law and Border Protection Vol 4 No 2 (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.v4i2.361

Abstract

Law enforcement is a matter of applying the law from the basis of legal actions and legal relations in the life of society and the state. Law enforcement can be used both as a major and a narrow one, so that in general all legal subjects are involved in all legal actions. Any individual or legal entity that adopts a common legal basis. Basically, law enforcement against Yousuf Karim is regulated based on immigration criminal provisions in article 113 and article 126 letter c, but the reality on the ground is that Yousuf Karim is subject to Immigration Administrative Action sanctions in the form of an obligation to reside in the territory of Indonesia and detention in the Detention Room. Immigration Kanim Banda Aceh. Basically the role of law enforcement in the Yousuf Karim case is very important because there are office holders who have the authority and policies taken against a case for reasons of consideration and application of criminal acts as an effort to apply the last legal sanctions. based on explaining and knowing the reasons and considerations of the Immigration Office Class I TPI Banda Aceh providing Immigration Administrative Actions against Yousuf Karim Immigration law enforcement begins with important matters regarding immigration instruments, namely immigration matters which consist of a series of supervision of the crossing of people entering and leaving the territory of Indonesia. and a series of surveillance of foreigners in the territory of Indonesia, then the Immigration Officer has the right of authority in terms of giving Immigration Administrative sanctions against foreigners who are in the territory of Indonesia who carry out dangerous activities and are reasonably suspected of endangering security and public order or not respecting or disobeying the law enforcement
Study About The Establishment Of Immigration Office Unit In Gadjah Mada University Before And After Authorized Decision Letter By The Director General Of Immigration Number: Imi-0003.Pb.02.09 2021 Olivia Bianca Chintya Bellisima; Maidah Purwanti; M. Alvi Syahrin
Journal of Law and Border Protection Vol 4 No 2 (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.v4i2.362

Abstract

Immigration Office Unit in Gadjah Mada University is one of the breakthroughs in helping Immigration duties and Immigration functions by Class I Immigration Office Yogyakarta. Immigration services at that Immigration Office Unit has started since November 25th 2020 (soft launching). Nevertheless, from November 25th 2020 until June 3rd 2021 the authorized decision letter by the director general of immigration related to establishment of Immigration Office Unit in Gadjah Mada University based on article 8 section 1 letter h Director General Immigration Regulations Number: IMI-0746.OT.01.01 2017 about Technical Procedure Establishment of Immigration Office Unit has not been released. Hereafter, this research is to find out how is the role of Immigration Office unit in Gadjah Mada University to support immigration services in Class I immigration Office Yogyakarta and how is the legality of the immigration documents which have been released. The research method is using normative-empirical. As the result, the immigration documents which have been released by that Immigration Office Unit at that period didn’t disturb the legality of documents. However, to make sure that conclusion is strong enough, thing that needed to be done is changing the authorized decision letter about Immigration Office Unit in Gadjah Mada.
The Role Of Immigration Civil Servant Investigator In The Legal History Of Indonesia Yogi Prabowo
Journal of Law and Border Protection Vol 4 No 2 (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.v4i2.363

Abstract

To deal with the excesses of the flow of cross-border human movement, immigration is present as an apparatus in regulating the traffic of people in and out of the territory of Indonesia, monitoring the presence and activities of foreigners while in Indonesia, as well as carrying out law enforcement activities in a sustainable and intensive manner. The legal history of Indonesia records that at first the immigration crime was a general crime which later turned into a special crime. With this paradigm change, of course, the authority of the Immigration Civil Servant Investigator will change in carrying out law enforcement. The research used in the preparation of this journal is normative legal research. Normative legal research, which can also be called doctrinal legal research, usually only uses secondary data sources, namely laws and regulations, court decisions, legal theory, and the opinions of leading scholars. Analysis of the data used is normative legal analysis because the object of this research is legislation that has permanent and binding legal force. There are 3 (three) laws and regulations that mention the role of Immigration Civil Servant Investigator in conducting criminal investigations. Immigration, namely through Emergency Law Number 8 of 1955 regarding Immigration Crimes, Law Number 9 of 1992 regarding Immigration and Law Number 6 of 2011 regarding Immigration. In each period of enactment of this regulation, the role of Immigration Civil Servant Investigator in carrying out law enforcement is increasing. It is hoped that with the increase in duties and authorities, Immigration Civil Servant Investigator can become independent Investigator in investigating immigration crimes.
Overview Of Home Ownership Law For Foreigners In The Context Of A Second Home In Indonesia Apriansyah Abdullah N; Ridwan Nirwana; Anita Kamilah
Journal of Law and Border Protection Vol 4 No 2 (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.v4i2.389

Abstract

The presence of Act Number 11 of 2020 concerning Job Creation provides several changes in several sectors including in the field of immigration which provides opportunities for foreigners to live in the framework of a second home with a residence permit period of 5 to 10 years and can be extended. The purpose of the study is to find out the conditions that must be met by foreigners to get a second home in Indonesia, and the legal basis for owning a second home from foreigners in Indonesia. The approach method used in normative juridical research is to provide legal certainty of land ownership for foreigners in the context of a second home while living in Indonesia. The results of the study are that foreigners who are permitted to obtain residential property in Indonesia are foreign nationals whose existence provides benefits, conducts business, works, or invests in Indonesia, and has a residence permit in accordance with the provisions. As for the dwellings that can be owned by foreigners in the context of a second house, they consist of landed houses which are on the right of use on state land or landed houses which are above the right of use on land with ownership rights or management rights, as well as flats located on above the right of use or right to build on land with management rights and above the right of use or right to build on land with ownership rights.
ANALYSIS AND INITIATION OF EFFORTS TO EXTERMINATE ILLEGAL INDONESIAN MIGRANT WORKERS SYNDICATE THROUGH COLLABORATION OF THE INDONESIAN MIGRANT WORKERS PROTECTION AGENCY AND THE DIRECTORATE GENERAL OF IMMIGRATION Atsil Syah Gibran; M Fadly Khusairy
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.414

Abstract

The Indonesian Migrant Worker Protection Agency (BP2MI) has made efforts to combat illegal placement of PMIs through outreach and regulatory adjustments. The number of PMI placements continued to increase, with 25,973 placements in May 2023 compared to 11,022 in May 2022 and 6,264 in May 2021. The majority of PMI placements in May 2023 were in the formal sector (55%) compared to the informal sector (45%). Efforts to impose sanctions BP2MI head of BP2MI has proposed firm action against illegal PMI placement syndicates, including cooperation with the immigration agency and the use of a special identity in PMI passports. Further research is needed to analyze and initiate efforts to eradicate illegal PMI syndicates through a review of the role of immigration, in order to address the challenges faced by PMI and the role of immigration authorities in combating illegal placements.
THE IMPACT OF WHV (WORK HOLIDAY VISA) ON INTERNATIONAL LAW M. Rizky Zain
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.415

Abstract

The Minister of Trade, Enggartiasto Lukita held a collaboration program with the Australian Minister of Trade, Simon Birmingham, the Indonesia-Australia Comprehensive Trade Agreement (IA-CEPA). One of the results of the signing of a free trade agreement namely Australia with Indonesia is the addition of working and holiday visa quotas in Australia for eligible Indonesian youth. The Australian Government has confirmed that there will be an increase in the number of Working Holiday Visa (WHV) quotas prepared as part of the agreement. The total quota will reach 4,100 from the previous 1,000 in the first year, with an increase of 5,000 in six years. There are no research results that explain how the WHV is against the perspective of international law because this is a new thing. This is a challenge to discuss and how it affects the world. The method used in the preparation of this journal is the normative-juridical method. The program must be utilized properly because it will have a positive impact on Indonesia and notify the public, especially young Indonesians who want to go to Australia in order to take education and work
LAW ENFORCEMENT OF ILLEGAL FISHING IN THE IMMIGRATION PERSPECTIVE IN THE WORKING AREA OF BELAWAN IMMIGRATION OFFICE Muhammad Alvi Syahrin; Tony Mirwanto; Cornelius Agatha Gea
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.416

Abstract

The abundance of natural resources and the vast area of ​​the ocean in Indonesia are an attraction for the surrounding countries. This makes the case of Illegal fishing a case that is often found in Indonesian seas. One of the affected areas is Belawan seas. Based on the supervision carried out by the Ministry of Maritime Affairs and Fisheries (KKP), it is stated that illegal fishing violations often occur in EEZ (Exclusive Economic Zone) seas. One of the institutions authorized to enforce the law on illegal fishing is immigration. This study aims to see the implementation of law enforcement and immigration law strategies against foreigners who commit illegal fishing crimes in the work area of ​​the Belawan Immigration Office. This research is structured using a combination of normative and empirical research with qualitative methods using the basic theory of State Sovereignty and Effectiveness (Enforcement) of Law. The results of the study found that the Belawan Immigration Office carried out law enforcement in the form of Immigration Administration Actions namely deportation, some of the obstacles encountered in law enforcement were the lack of infrastructure in the form of ships and the limited detention room at the Medan Immigration Detention Center. The researchers also found that the legal strategy efforts carried out by the Belawan Immigration Office were preventive and repressive strategies. With Preventive Strategies in the form of coordination with Foreign Surveillance Team and Foreign Embassies, Repressive Strategies in the form of strengthening the intensity of Immigration Administrasion Action and Investigations.
JURIDICAL STUDY OF STATE ADMINISTRATIVE COURT RULING RELATED TO IMMIGRATION PREVENTION (CASE STUDY NUMBER: 219/G/2017PTUN-JKT SETYA NOVANTO VS. DIRECTOR GENERAL OF IMMIGRATION) Yogi Prabowo; Taufiqurrohman Syahuri
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.417

Abstract

Prevention means temporary prohibition of person from exiting from the Territory of Indonesia based on particular Immigration reasons or others prescribed by the Law. In the case of immigration prevention against Setya Novanto ordered by the Chairman of the Corruption Eradication Commission (KPK), a lawsuit was filed to the Administrative Court and recorded in Decision Number: 219/G/2017/PTUN-JKT. This research was conducted to answer the following questions: 1) What were the legal considerations of the Judges in issuing Decision Number: 219/G/2017/PTUN-JKT? 2) How was the analysis of the State Administrative Court Decision Number: 219/G/2017/PTUN-JKT? and 3) What were the recommendations for resolving legal issues in administrative disputes within the Directorate General of Immigration? This study used a normative legal research approach, analyzing secondary data in the form of legislation and literature. The research results concluded that the Prevention carried out by the Director General of Immigration was in accordance with the authority specified in legislation and had fulfilled the General Principles of Good Governance. Therefore, the Judges rejected the Plaintiff's lawsuit in its entirety. However, the Defendant's exception was not fully accepted by the Judges, highlighting the need for improvement in resolving administrative disputes within the Directorate General of Immigration to achieve greater quality and professionalism
ASEAN POLICIES IN RESPONDING TO MIGRATION PHENOMENA AND PREVENTING TRANSNATIONAL CRIME Ferdyan Samuel Karunia; Regita Cahyani Rahmat; Ajeep Akbar Qolby; Adira Khansa Ayu Herdian
Journal of Law and Border Protection Vol 5 No 1 (2023): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v5i1.418

Abstract

Migration and transnational crime are global phenomena that affect this study. The aims of this study are to identify and analyze the policies adopted by ASEAN in dealing with the phenomenon of migration and prevention of transnational crime which is a global problem. This policy has a significant impact on security and stability in the ASEAN region. Through evaluating the effectiveness of their implementation, this study also aims to evaluate the extent to which these policies have been successful in maintaining peace and security in the region. By extending this abstract, this research will investigate the strategy, legal framework, and concrete steps taken by ASEAN to address the challenges of transnational migration and crime. This analysis is expected to provide in-depth insight into the role and impact of ASEAN policies in dealing with this problem, as well as provide recommendations for future policy improvements.

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