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Analysis of the Implementation of Criminal and Administrative Offenses in the Perspective of Immigration Law Number 6 of 2011 (Case Study Djoko Soegiarto Tjandra) Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
Journal of Law and Border Protection Vol 2 No 1 (2020): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v2i1.180

Abstract

Criminal action is an act that violates the rules and punishable by crime, while the immigration administrative action is an administrative sanction given to foreigners outside the judicial process. One of the cases that have been in the public spotlight is the criminal case of Cessie Bank Balicorruption and bribery related to the deletion of the wanted list (DPO) by Djoko Tjandra. This study uses a qualitative empirical normative legal approach with data collection in the form of library materials which include statutory regulations, books, papers, and other sources. The formulation of the problem discussed in this study is how the application of criminal acts and Immigration Administrative Measures (TAK) in Law Number 6 Of 2011 concerning Immigration which is charged against Djoko Tjandra. The purpose of this research is to find out the criminal acts and administrative immigration actions given to Djoko Tjandra who was an Indonesian fugitive for many years. Based on the data analysis carried out, it was concluded that criminal and administrative actions ensnared Djoko Tjandra and the elements who helped him in accordance with the applicable rules, namely as the provisions written in the Criminal Code, Law Number 20 Of 2001 concerning the Eradication of Corruption Crime, and Law Number 6 Of 2011 concerning Immigration.
THE IMPORTANCE OF IMPLEMENTATION FOREIGNER REPORTING APPLICATION (APOA) IN ORDER TO IMMIGRATION CONTROL TO FOREIGNERS Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
Journal of Law and Border Protection Vol 2 No 2 (2020): JLBP : Journal of Law and Border Protection
Publisher : Polteknik Imigrasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52617/jlbp.v2i2.193

Abstract

Immigration control is an activity of collecting, processing, and presenting immigration data and information in order to ensure compliance with immigration laws. Foreigner Reporting (APOA) is an innovation of the Directorate General of Immigration in the implementation of immigration control which is oriented towards the function of law enforcement and state security. However, there are still some obstacles and constraint in the implementation of reporting foreigners through APOA. The formulation of problems examined in this paper is how the implementation of immigration control, reporting procedures, and constraints and obstacles in the implementation of reporting through APOA. This writing uses a qualitative research method with a qualitative descriptive approach through data collection by identifying laws and regulations and collecting some library materials relevant to the topic of this research. From the research results, it was found that there were still many inn owners or managers and the community who had not reported the presence of foreigners in their area. In this case, the Directorate General of Immigration must be able to optimize the implementation of reporting on foreigners so that it makes it easier for immigration officers to carry out immigration control, especially for foreigners.
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.
TOWARDS A NEW NORMAL ERA: IMPLEMENTATION OF IMMIGRATION FUNCTION DURING THE COVID-19 PANDEMIC IN INDONESIA Bima Yosua A Tarigan; Faridh Al Wajidi; K Karina
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.v3i1.206

Abstract

Immigration functions include immigration services, law enforcement, state security, and facilitating community welfare development. The implementation of these functions is carried out by the Directorate General of Immigration, which carries out the task of guarding the country's gates. However, during the Covid-19 pandemic, the Directorate General of Immigration is expected to be able to carry out the immigration function without neglecting the spread of the Covid-19 virus that is currently sweeping the world. Not to mention that there are problems that can threaten state security and national sovereignty as well as the decline in the country's economy during this pandemic. The formulation of the problem that will be examined in this paper is what forms of immigration function carried out by the Directorate General of Immigration and how the implementation of the implementation of the immigration function carried out during the Covid-19 pandemic. This writing uses a qualitative research method with a qualitative descriptive approach with combined data collection (inductive/qualitative). From the research results, it is known that the Covid-19 pandemic resulted in various policy changes that had an impact on the implementation of the immigration function. This issue must encounter by Directorate General of Immigration as an institution that is authorized to carry out the immigration function in Indonesia.
Implementation of Selective Policy in Granting State Enterprises License Calling Visa in Anticipating Immigration Violations at Immigration Examinations Ale Alfero Deputra; Bima Yosua A Tarigan
Journal of Law and Border Protection Vol 3 No 2 (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.v3i2.277

Abstract

State guests from calling visa countries come to Indonesia through the Immigration Checkpoint without a visa and are granted an entry permit on condition that they have clear recommendations. This policy is given based on the consideration of the competent authorities in order to support good bilateral cooperation between countries. The research method used is empirical normative legal research which is descriptive qualitative in nature by collecting data by collecting legal materials by identifying and analyzing laws and regulations, field data, library materials (books, scientific papers, articles), and other sources. other legal materials that are still relevant in this study. This research was conducted to determine the implementation of selective policies in granting entry permits for state guests (VVIP and VIP) from calling visas in anticipation of immigration violations at the Immigration Checkpoint and to find out the relationship between the selective policy and the applicable law. From the results of the study, it was found that the selective policy as a principle in granting entry permits for state guests calling visas still pays attention to the balance between the security approach and the welfare approach where the procedure is contained in the Regulation of the Minister of Law and Human Rights.