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Journal : Journal of Law and Border Protection

The Handling Impact Of Foreigners Seeking Protection According To Australian Policies And Its Impact On Indonesia Faridh Al Wajidi; M. Alvi Syahrin
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.172

Abstract

The existence of a conflict that occurs in a country makes the citizens of the country feel uncomfortable with their country so that some of them decide to run for protection. The flight has an influence on the State of Australia because it is one of the countries that are the destination countries for Asylum Seekers and so on. This then made the State of Australia make a policy in terms of maintaining sovereignty and fighting human rights crimes such as trafficking and people smuggling. The policy is Operation Sovereign Borders which turns out to experience a conflict harvest because it is not in accordance with the requirements of international law. The ratification of this policy aims at how to handle protection seekers in accordance with the requirements of International Law and law enforcement in the event of a violation based on the Operation Sovereign Borders policy. Writing KTI uses the normative juridical method. The specifications used are descriptive-analytic. Then the data used is secondary data. In its implementation, Operation Sovereign Borders is still inappropriate so that it violates the sovereignty of the Republic of Indonesia and violates the ethics of neighboring countries (good neighborliness), besides that it also violates the principles of international law contained in the 1952 Convention and instruments of International Human Rights (non-refoulement principle)
Actualization Of Indonesian Immigration Policy Related To Human Rights For Refugees In Indonesia Melina Tri Asmara; M. Alvi Syahrin
Journal of Law and Border Protection Vol 1 No 2 (2019): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v1i2.174

Abstract

Over the past three decades, the nationality of eradicating its Rohingya, a persecuted discrimination against the Rohingya, who are a Muslim minority in Myanmar, has forced thousands of people to seek safety in countries such as Indonesia, Malaysia, Bangladesh and Thailand.. At its peak in 2015 Thailand, Malaysia, and Indonesia initially encouraged refugees who had already reached the coast, but with the work of local and international organizations, Indonesia, Malaysia and Thailand then held a consultation meeting in Putrajaya, Malaysia. During these negotiations, Indonesia and Malaysia finally agreed to provide humanitarian assistance to 7,000 illegal immigrants who were illegal to stay for one year (Ministerial Meeting, 2015). According to data from the Ministry of Foreign Affairs of the Republic of Indonesia, 1,346 refugees from Myanmar and Bangladesh entered Indonesian waters in May 2015. The refugees were resettled in two places in the Aceh region.UNHCR (United Nations High Commissioner for Refugees) appreciates the intention of Indonesia and Malaysia for their willingness to help temporarily accommodate their Rohingya refugees. Based on the change in attitudes of Indonesia and Malaysia, a statement has emerged regarding the welfare and safety of Rohingya refugees for the next few years and how Indonesia can handle problems with third countries for its Rohingya refugees. The lack of solutions related to systematic violence, denial of citizenship for the Rohingya people, and the absence of a cohesive regional framework for migration means that there is a lack of protection space regarding refugees in the protection of their social status. Therefore there is a need for a solution in the future in dealing with several policies that are only temporarily intended as a weak solution related to overcoming the prolonged situation of Rohingya refugees
CONDITIONS, PROBLEMS, AND SOLUTIONS OF ASSOCIATES AND INTERNATIONAL REFUGEES IN INDONESIA IN THE PERSPECTIVE OF NATIONAL LAW AND INTERNATIONAL LAW Bima Yosua A Tarigan; M. Alvi Syahrin
Journal of Law and Border Protection Vol 3 No 1 (2021): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v3i1.205

Abstract

This paper discusses that Indonesia which is not a contracting state to the 1951 Refugee Convention and 1967 Protocol, but still respect human rights of asylum seekers and international refugees on the principle of non-refoulement. By being unable to refuse the asylum seekers, it will result in the accumulation of those who have the potential to disturb the security and order of the Indonesian people. This paper aims to identify conditions, problems, and provide solutions for asylum seekers and refugees in Indonesian territory from the perspective of national law and international law. This writing uses a normative research method with a juridical-normative approach, which refers to the prevailing laws and regulations. The solution that can be provided is the establish regulations regarding the handling of asylum seekers and refugees, improving communication with the main destination countries, conduct training for officer in dealing with asylum seekers and refugees, and optimally applying the Global Compact on Refugee concept. The results of this paper indicate that national law and international law can provide protection for asylum seekers and refugees.
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.
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.