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All Journal Journal of Indonesian Legal Studies Law Research Review Quarterly
Syahrin, Muhammad Alvi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Application of the Authority of Civil Servant Investigators in Conducting Immigration Criminal Investigations Syahrin, Muhammad Alvi
Law Research Review Quarterly Vol 4 No 1 (2018): L. Research Rev. Q. (February 2018) "Law Enforcement of the Control of Illegal Im
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i01.25555

Abstract

Article 105 of Law Number 6 of 2011 concerning Immigration, states that Immigration Civil Servant Investigators (PPNS) are authorized as investigators of Immigration offenses carried out in accordance with the provisions. The results of this study are (i) enforcement of immigration law carried out one of them by investigating the perpetrators of violations of the Immigration Act. The process of investigating perpetrators of violations of the Immigration Act is carried out based on the provisions in the Criminal Procedure Code as a lex generalis and the Immigration Act as a lex specialis. In this study, law enforcement has been carried out against participating in the crime of trafficking in blank immigration document / passport documents by providing invalid data or inaccurate information to the Immigration officer to obtain the Republic of Indonesia's travel documents for himself. (ii) in carrying out immigration law enforcement functions there are still obstacles faced by the Immigration PPNS including lack of knowledge, lack of operational funds, lack of public participation in reporting the presence of foreigners in their environment, weak coordination with other legal apparatus and obstacles stemming from factors law.
The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law Syahrin, Muhammad Alvi
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.43350

Abstract

The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the international protection system for refugees and asylum seekers and cannot be distracted by states in international relations. International organizations also recognize and apply the principle of non-refoulement consistently. The consequence is that states, both invidually and collectively, must not violate this principle. Based on legal procedures, a country can take different actions with the obligation to implement the non-refoulement principle.
The Immigration Crime and Policy: Implementation of PPNS Authorities on Investigation Syahrin, Muhammad Alvi
JILS (Journal of Indonesian Legal Studies) Vol 3 No 2 (2018): Crimes and Society: General Issues on Criminal Law in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v3i02.27512

Abstract

Immigration crime and criminal law are one of the interesting studies not only seen in terms of law enforcement but also criminal law politics and authority arrangements in immigration. For Indonesia, the problem of immigration is a challenging problem, not because it is only the location of Indonesia that is vast and has many access points for immigrants, but also the authority between institutions. Article 105 of Law Number 6 Year 2011 on Immigration, states that the Immigration Civil Servant Investigator is authorized as an Immigration criminal investigator conducted in accordance with the provisions. The results of this study are: (1) enforcement of immigration law conducted one of them with the investigation of perpetrators of violations of the Immigration Act. The process of investigating the perpetrators of violation of Immigration Law is based on the provisions of the Criminal Procedure Code as lex generalis and Immigration Law as lex specialis. In this research, law enforcement has been carried out in order to participate in trading fake immigration/passport travel documents by providing unauthorized data or incorrect information to the Immigration officer to obtain travel documents of the Republic of Indonesia for himself, (2) in implementing immigration law enforcement function there are still obstacles faced Immigration Civil Servant Investigator include low knowledge, lack of operational fund, lack of public participation in reporting the existence of foreigner in their environment, weakness of coordination with other law apparatus and obstacle from law factors.
The Principle of Non-Refoulement as Jus Cogens: History, Application, and Exception in International Refugee Law Syahrin, Muhammad Alvi
JILS (Journal of Indonesian Legal Studies) Vol 6 No 1 (2021): Human Rights Issue in Various Context: National and Global Perspective
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v6i1.43350

Abstract

The existence of the principle of non-refoulement is a necessity and has been institutionalized in the various international legal instruments such as conventions, declarations and in customary international law. Non-refoulement principle is a fundamental concept and considered as the backbone for the entire international refugee legal system. That principle is an international legal norm that has been recognized and affirmed by the international community in multilateral international conventions and other relevant international legal instruments. This principle is very basic in the international protection system for refugees and asylum seekers and cannot be distracted by states in international relations. International organizations also recognize and apply the principle of non-refoulement consistently. The consequence is that states, both invidually and collectively, must not violate this principle. Based on legal procedures, a country can take different actions with the obligation to implement the non-refoulement principle.
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