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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat Jurnal Penelitian Hukum De Jure Jurnal Ilmiah Kebijakan Hukum SEIKO : Journal of Management & Business Lex Librum: Jurnal Ilmu Hukum Journal of Humanities and Social Studies Repertorium: Jurnal Ilmiah Hukum Kenotariatan Jurnal Legal Reasoning Jurnal Thengkyang Jurnal Akta Yudisia Majalah Hukum Nasional Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Jurnal Ilmiah Kajian Keimigrasian (JIKK) Jurnal Abdimas Imigrasi (JaIM) Journal of Law and Border Protection JUSTICIA SAINS: Jurnal Ilmu Hukum Journal of Administration and International Development
Syahrin, Muhammad Alvi
Politeknik Imigrasi
Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Ilmiah Kajian Keimigrasian (JIKK)

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URGENCE OF IMPLEMENTATION OF THE IMMIGRATION FORENSIC SECTION AS A PREVENTIF EFFORTS: CASE STUDIES OF MALAYSIAN FAKE PASSPORT EXAMINATION ON THE NAME OF SELVARASA KRISNHA PILLAI M. Alvi Syahrin; Yusuf Sadewa
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.26

Abstract

Increased flow of traffic in and out of Indonesia, creates a variety of immigration crime rates. Passport forgery as a crime committed by changing, changing part or all of a passport or using false information to receive a passport has now become a serious problem. At present, almost all fake passport verification processes are carried out at the Immigration Forensic Laboratory at the Directorate of Immigration Intelligence. The formulation of the problems examined in this paper are (1) how does the function of the Immigration Forensic Laboratory function function as a preventive measure? (2) How does the function of the Immigration Forensic Laboratory function function in handling Malaysian national fake passport inspection cases on behalf of Selvarasa Krishna Pillai ?. Based on the results of the study, it can be seen that the Immigration Forensic Laboratory Section plays a role in implementing immigration preventive efforts. Preventive efforts carried out by the Immigration Forensic Laboratory Section include training in fake passport detection techniques, information exchange with other countries, and the dissemination of the latest information regarding immigration. Examination of fake immigration documents The Immigration Forensic Laboratory section plays a role in carrying out its functions by conducting fake passport checks in this case.
LEGAL ACTION ON NIGERIAN WHO EXTENDS LIMIT OF IMMIGRATION RESIDENCE PERMIT: CASE STUDIES IN IMMIGRATION OFFICE OF WEST JAKARTA M. Alvi Syahrin; Anindito Rizki Wiraputra; Dwi Septianto
Jurnal Ilmiah Kajian Keimigrasian Vol 1 No 2 (2018): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v1i2.34

Abstract

The increasing migration of Nigerian citizens in Indonesia has a mixed impact. Not only the economic sector, but also the increasing number of violations and immigration crimes. The Immigration Office of West Jakarta, which is the jurisdiction of the distribution of Nigerian residences, faces quite difficult problems. The formulation of the problems to be examined in this paper are as follows: (1) How do immigration actions carried out by Immigration Office of West Jakarta in resolving cases of Nigerian citizens who exceed the immigration residence permit time limit and (2) What are the obstacles faced by Immigration Office of West Jakarta in resolving the case. The research method used is qualitative empirical legal research. Based on the results of the discussion, the following legal facts are obtained. The efforts made by Immigration Office of West Jakarta in overcoming abuse of immigration permits by Nigerian citizens are divided into 2 (two) parts, namely preventive efforts and repressive efforts. Preventive efforts carried out by the Immigration Office of West Jakarta are well underway and in accordance with existing regulations. The preventive efforts are realized in 2 (two) systems, namely administrative supervision and field supervision. In addition, these preventive efforts have proven effective with quite a number of Nigerians who abuse immigration permits by the Immigration Office of West Jakarta. Then the existing repressions are felt to require changes in the granting of actions / punishments against Nigerian people who abuse immigration permits. The change is in the form of providing legal action for investigating the violators to take precedence. Because all this time what happened in the field of giving immigration action was prioritized in giving action to Nigerian people who misused immigration permits. Even though the provision of immigration actions does not give a deterrent effect to these actors. So that the impact of these actors will do the same thing again. In practice, in the field of supervision and repression of Nigerian citizens who abuse immigration residence permits carried out by the Immigration Office of West Jakarta, there must be various problems. These problems are divided into 2 (two) factors, namely from the outside and from within. The external factor itself consists of the motives of some Nigerian citizens who came to Indonesia. Then there is a fictitious sponsor that increasingly makes it difficult to trace the perpetrators of abuse of immigration permits. Furthermore, the imbalance between the area of ​​West Jakarta's work area and the number of personnel and equipment that does not support this. Then from the point of view of internal factors which are the obstacles is the lack of supporting factors in carrying out supervision and repression of Nigerian citizens who abuse immigration permits. Finally, the attitude of the immigration officers was less assertive in giving action to Nigerian citizens who committed abuse of immigration permits.
DISCOURSE OF REFUGEES OPERATION SCHEME AFTER ISSUANCE OF PRESIDENTIAL DECREE NUMBER 125 OF 2016 ON THE TREATMENT OF FREIGN REFUGEES IN IMMIGRATION PERSPECTIVE M. Alvi Syahrin; Bangun Widodo Pangestu
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.41

Abstract

As a state of law, Indonesia places legal norms as the fundamental foundation of the state. The issuance of Presidential Regulation No. 125 of 2016 on the Treatment of Foreign Refugees, has provided guidelines for Indonesia to deal with the existence of asylum seekers and refugees. The formulation of the problem studied is how the refugee control scheme after the issuance of Presidential Regulation No. 125 of 2016 in the immigration perspective. The research method uses normative legal research. The monitoring of refugees in Indonesia, which is imposed on the Immigration Detention Centre, has been well implemented. The monitoring scheme at the time it was found, at the shelter, outside the shelter, was dispatched to the destination country, voluntary repatriation, and at the time of deportation did not answer the problems related to the presence and activities of refugees while in Indonesia. Although the operation scheme has been clearly provided in Presidential Regulation No. 125 of 2016, it needs to be refined with technical regulations, such as the Standard Operating Procedure that regulates the mechanism of controlling refugees for all Immigration Detention Centre. Another issue of concern is the issue of funding, officials in charge of refugee control, and the imposition of sanctions if there is negligence in the case of such operation.
LEGAL INTERPRETATION OF DIRECTORATE GENERAL OF IMMIGRATION DECREE NUMBER IMI-0352.GR.02.07 OF 2016 CONCERNING THE HANDLING OF ILLEGAL IMMIGRANTS THAT SELF DECLARED AS AN ASYLUM SEEKERS OR REFUGEES IN IMMIGRATIVE SELECTIVE POLICY: HIERARCHY THEORY OF LEGAL M. Alvi Syahrin; Brianta Petra Ginting
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 1 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i1.47

Abstract

Displacement is a form of population movement that has different characteristics than other forms of population movement. The movement of population, both in the national territory and those that have crossed national borders, is an event that has long existed in human history and is increasingly happening now. The increasing number of asylum seekers and refugees to the territory of Indonesia, has caused social disturbances, political security, and even order in the community. The number of their arrival is not proportional to the completion rate or placement to the recipient country (Australia). To deal with the problem of asylum seekers and refugees entering and residing in the territory of Indonesia, the government issued a Director General of Immigration Decree Number: IMI-0352.GR.02.07 of 2016 concerning the Handling of Illegal Immigrants who Self Declare as Asylum Seekers and Refugees. This regulation not only affirms Indonesia's position in favor of refugee humanitarian policies, but also makes it incompatible with the legal principles of establishing legislation. The formulation of the problem examined in this paper is how the legal position of Director General of Immigration Decree in the immigration selective policy with a hierarchical theory approach to legal norms. The research method used is normative legal research that is qualitative in nature with mixed logic (deductive and inductive). From the results of the study can be known several legal facts as follows. The legal status of Director General of Immigration Decree Number: IMI-0352.GR.02.07 in 2016 creates disharmony in the legal order (immigration) in Indonesia. Article 7 of Law Number 12 of 2011 has established a sequence of laws and regulations which form the basis for the implementation of all legal regulations in Indonesia. The provisions of this article are in line with the Hierarchical Theory of Legal Norms (Hans Kelsen) which explains that lower norms, valid, sourced and based on higher norms. However, this theory is not negated in the formation of these regulations, where in the body the norms conflict with each other with higher legal norms above. The existence of this regulation has created norm conflicts that lead to the absence of legal certainty. As for the higher regulations that contradict these regulations are as follows: The 1945 Constitution of the Republic of Indonesia, Law Number 6 of 2011 concerning Immigration, Government Regulation Number 31 of 2013 concerning Regulations for Implementing Law Number 6 of 2011 concerning Immigration, and Regulation of the Minister of Law and Human Rights Number M.HH-11.OT.01.01 of 2009 concerning Organization and Work Procedures of Immigration Detention Houses. Conflicting legal norms include: Definition of Detention Center, Determinant Definition, Refugee Handling, UNHCR and IOM Authority in Refugee Handling, Discovery, Collection, Immigration Oversight, Funding, and Sanctions.
THE VALIDITY OF CRIMINAL OFFENDER ARREST IN THE IMMIGRATION AREA AS A REASON FOR EXIT BAN TO LEAVING THE TERRITORITY OF INDONESIA -CASE STUDIES OF RATNA SARUMPAET M. Alvi Syahrin; Rio Restu Prabekti
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.57

Abstract

Arrest is an act of the investigator to temporarily restrict the freedom of the suspect or accused if there is sufficient evidence for proposes of investigation or prosecution and/or adjudication in matters and by means regulated in the law. One of the cases that has caught the public's attention is the prevention and arrest of Ratna Sarumpaet who is a suspect in the case of spreading hoaxes in the immigration area of Soekarno-Hatta International Airport. This research has the formulation of the problem whether the prevention of going abroad and the arrest of suspect Ratna Sarumpaet in the immigration area is in accordance with applicable regulations. The purpose of this study is to determine whether the forced efforts made in this case the arrest and prevention of Ratna Sarumpaet violates the rules or not. This research is a normative study using several problem approaches which include the Law approach and analysis approach. The data sources used are secondary data, namely library materials which include library books, legislation, and others. Data will be analyzed by normative analysis method. The theoretical basis used is the rule of law theory, the theory of state sovereignty, the theory of law enforcement and the theory of criminal law. Based on the data analysis, it was concluded that the prevention of leaving the Territory of Indonesia and the arrest of Ratna Sarumpaet which was a forced attempt by the police in coordination with the immigration party were in accordance with applicable regulations, namely as stipulated in the Criminal Procedure Code, Law Number 6 2011 concerning Immigration and Government Regulation Number 31 of 2013 concerning Regulations for the Implementation of Law Number 6 of 2011 concerning Immigration.
THE IMPLEMENTATION OF ASYLUM SEEKERS DAN REFUGEES LAW ENFORCEMENT IN INDONESIA AFTER PRESIDENTIAL DECREE NUMBER 125 OF 2016 ON THE TREATMENT OF FOREIGN REFUGEES M. Alvi Syahrin; Yusa Shabri Utomo
Jurnal Ilmiah Kajian Keimigrasian Vol 2 No 2 (2019): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v2i2.60

Abstract

The movement of population was only a domestic issue of a country, but along with the number of countries that paid attention to Asylum Seekers and Refugee so that these issues become worldwide problem. In International law the existence of these refugee protected by the 1951 Refugee Convention and 1967 Refugee Protocol about Refugee. The Indonesian state did not ratify the Protocol so that Indonesia was not obliged to accept the asylum seekers and refugee. However, Indonesia’s strategic position makes Indonesia become a transit country for those who want to continue into the destination country. Therefore, the Government of Indonesia issued a Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees. The problem research is how to handling asylum seekers and refugee after the publication of Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees. This research is used empirical-normative research methods. Thus, the Government of Indonesia already has a legal basis to handle these asylum seekers and refugees. Indonesia is expected can be more instrumental in addressing the problem of asylum seekers and refugees internationally even thought Indonesia has not ratified the 1951 Convention and the 1967 Protocol. However, in its implementation Presidential Decree Number 125 of 2016 concerning Handling of Foreign Refugees did not run smoothly. It’s because a lot of their handling has not yet referred to the Presidential Regulation.
Construction of Legal Norm on Reporting of Multiple Positions for Foreign Workers Atika Saraswati; M. Alvi Syahrin
Jurnal Ilmiah Kajian Keimigrasian Vol 3 No 1 (2020): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v3i1.113

Abstract

Year 2020 is the beginning of years for The Directorate General of Immigration to start its strategic planning for the next 5 (five) years compiled as document of Directorate General of Strategic Plan of 2020-2024. The Directorate General's Strategic Plan comply The Ministry of Justice and Human Rights Strategic Plan which sets to document of RPJMN-IV determined in accordance to the Vision and Mission of the Elected President. Reflected by the Vision, Mission and also the Government's Strategic/ National Priorities for the next 5 (five) years, President Jokowi hoped for development acceleration especially in aspects of human resource and regional development. Some methods are by inviting as much investment as possible and implementing bureaucratic reforms in governance. Sinergyzing with the Vision of the President, the Directorate General of Immigration formulated the direction with a change in its focus. Formerly, in year 2015-2015, focus of immigration policies are to strengthen immigration public service and law enforcement while for the next 5 years the focus is aimed to be slightly change to the effort to strengthen state security and facilitate public welfare development. Therefore this paper will describe efforts planned to be taken to strengthen immigration function as facilitator of public welfare development. Based on the description as mentioned before, the Research Question for this paper is : “How will the function of immigration as the facilitator of public welfare development will be directed in the strategic planning of the Directorate General of Immigration for 2020-2024?". The aim is to study and analyze immigration policy and its strategic objectives. This study uses descriptive qualitative method with the using of primary and secondary data gathered by the author.
Law Enforcement of Immigrated Administrative Actions on Visa Exemption Subjects (Study of Tangerang Immigration Office) Marhala Sinaga; M. Alvi Syahrin
Jurnal Ilmiah Kajian Keimigrasian Vol 3 No 2 (2020): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v3i2.115

Abstract

This research was conducted to determine the role of the Class I Non TPI Tangerang Immigration Office in enforcing the law of immigration administrative actions against visa-free subjects in their working areas, as well as knowing the impact of enforcing the law on immigration administrative actions against visa-free subjects from an immigration perspective. This study used a qualitative normative method with a normative juridical and sociological juridical approach. This method is used to find data and describe systematically as well as factual about the form of law enforcement of immigration administration actions against visa-free subject visits. Administrative action law enforcement against visa-free subjects for visitation provided by the Class I Non TPI Tangerang Immigration Office is in the form of prevention or deterrence, imposition of fees and deportation as regulated in Law No. 6 of 2011 concerning Immigration and its derivative regulations.
DIALECTICS OF DETENTION IMPLEMENTATION IN THE IMMIGRATION INVESTIGATION PROCESS OF OAC CS CASE Yasser Bagas Sentono; M. Alvi Syahrin
Jurnal Ilmiah Kajian Keimigrasian Vol 4 No 1 (2021): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v4i1.217

Abstract

Pendetensian merupakan bagian dari tindakan adiministratif keimigrasian yang dilakukan oleh seorang Pejabat Imigrasi berdasarkan UU No. 6 Tahun 2011 tentang Keimigrasian. Sedangkan penahanan merupakan bagian dari proses peradilan tindak pidana yang dilakukan oleh seorang PPNS keimigrasian berdasarkan hukum acara pidana. Pendetensian dan penahananmerupakan dua hal yang berbeda. Belum ada peraturan yang secara khusus mengatur masalah tersebut, sehingga pelaksanaan keduanya seringkali menimbulkan perdebatan. Dalam pelaksanaan proses penyidikan OAC cs. dijumpai beberapa kendala, yaitu belum adanya peraturan yang mengatur masalah pelaksanaan pendetensian pada proses penyidikan. Pelaksanaan pendetensian pada OAC cs merupakan bagian dari diskresi seorang Pejabat Imigrasi dikarenakan pelaksanaan penahanan tidak dapat dilakukan karena ancaman hukumannya dibawah 5 (lima) tahun. Lamanya masa pendetensian tidak mengurangi dari masa tahanan dari pidana yang dijatuhkan kepada terdakwa. Pada hakikatnya pendetensian memiliki tujuan yang sama dengan penahan yaitu membatasi kebebasan dari subjeknya dengan berada di suatu tempat tertentu menurut peraturan perundang-undangan.
REFORMULASI SANKSI PIDANA DALAM PASAL 116 JUNCTO PASAL 71 HURUF B UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN Fatwa Fitraziah Desiaz Zein; Muhammad Alvi Syahrin; Tony Mirwanto
Jurnal Ilmiah Kajian Keimigrasian Vol 5 No 1 (2022): Jurnal Ilmiah Kajian Keimigrasian
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jikk.v5i1.326

Abstract

Hukum Keimigrasian adalah bagian dari Hukum Administrasi Negara karena pada Undang-Undang Nomor 6 Tahun 2011 tentang Keimigrasian banyak mengatur tentang Hukum administrasi. Dalam undang-undang tersebut selain memuat aturan yaitu memuat sanksi, berupa Tindakan Adnimistratif Keimigrasian dan Tindakan pidana dengan Penyidikan sesuai dengan Hukum Acara Pidana. Pada perkembangannya terdapat hal yang tidak sesuai dengan prisip asas Ultimum remedium khususnya pada perbuatan yang sejatinya adalah pelanggaran namun menggunakan Pidana sebagai saran penyelesaian perkaranya. Terdapat pada Pasal 116 UU Nomor 6 Tahun 2011 tentang Keimgirasian. Dalam penerapannya banyak ditemukan pelanggaran pasal tersebut namun dalam penegakannya terkadang dirasa birokrasi yang harus ditempuh terlalu berbelit untuk menyelesaikan perkara yang dapat dikatakan ringan. Seharusnya perkara Pasal 116 dapat diselesaikan dengan Tindakan Administratif Keimigrasian melalui biaya beban, deportasi, dan lainnya. Sehingga Penegakan Hukum Pasal 116 dapat dilakukan secara maksimal.
Co-Authors adm-jurnal adm-jurnal Anindito Rizki Wiraputra Arief Febrianto Atika Saraswati Bangun Widodo Pangestu Bima Yosua A Tarigan Brianta Petra Ginting Cornelius Agatha Gea Dwi Septianto Faridh Al Wajidi Fatwa Fitraziah Desiaz Zein Felix Ferdin Bakker Happy Herlambang M. Aidil Al Apip M. Ibnu Abil M. Judo Ramadhan Sumantri M. Rafly Qalandy Maidah Purwanti Marhala Sinaga Melina Tri Asmara Okta Tri Kurniawan Olivia Bianca Chintya Bellisima Raditya Putra Manda Ridha Nikmatus Syahada Riki Dwi Kurniawan Rio Restu Prabekti Setiawan Saputra Tony Mirwanto Yasser Bagas Sentono Yusa Shabri Utomo Yusuf Sadewa