Ridwan Arifin
Immigration Polytechnic

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Evaluasi Kebijakan Cap Elektronik Keimigrasian, Data Biometrik, dan Mesin Autogate Dalam Konsep Geopolitik Gede Maha Aditya Pramana; Intan Nurkumalawati; Ridwan Arifin
Jurnal Ilmiah Kebijakan Hukum Vol 16, No 1 (2022): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.41-60

Abstract

Immigration Border Control (TPI) at Bali Ngurah Rai Airport adopts electronic entry sticker, biometric data collection, and autogate machines called the Immigration Movement Application System (APK). The system is equipped with a scanner that records facial biometric data and fingerprints of foreigners upon arrival. However, there are problems in implementing this system at the related TPI. This study evaluates immigration inspection policies, especially the process of taking biometric data, giving electronic entry stamps, and autogate machines at TPI Ngurah Rai Airport. This research uses qualitative research method with a public policy evaluation approach based on observations and document analysis. The results of this research show that the concept of biometric border control at TPI is not fully relevant to the concepts in the international provisions of ICAO Doc 9303 and ICAO TRIP Guide 2018. The Ministerial Regulation Number 28 of 2018  on Immigration Stamp and Circular Letter No. IMI.1-UM.01.01-5.7755 needs to be evaluated and revised to include four stages of checking with electronic stamps and system synchronization with autogate machines. This immigration clearance model at TPI applies a geopolitical concept that focuses on territorial/regional borders rather than a biopolitical concept that focuses on security risks for individuals.
Disparitas Sistem Pidana dalam Undang-Undang Keimigrasian Indonesia Tahun 2011 Dista Dewi Rahayu; Ridwan Arifin; Luby Lukman Zakaria
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.25-40

Abstract

The Criminal Provisions in Indonesian Immigration Law of 2011 are designed as acts of legislation for preventing transnational organized crimes in Indonesia. This law has existed for more than 10 years and has been no critical evaluation of the immigration criminal provisions. The construction of the criminal system has a non-uniform pattern of penal policy formation. This research employed the doctrinal research method with deductive reasoning that analyzed Articles on immigration criminal provisions from the perspective of Jeremy Bentham’s theory of punishment analyzing the quality of criminal Articles. The results indicate that there are reactive and not pre-empting immigration criminal provisions, poor criminal provisions during immigration examinations, disparities in Judge’s decisions at courts, varied patterns of punishment and sanctions, and inconsistency of criminal liability arrangements against corporations. Reconstruction of immigration criminal Articles is urged to achieve Bentham’s principles and objectives of the law in sentencing. Criminal Articles should be dominated to prevent cross-border crimes during immigration clearance.