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PENEGAKAN HUKUM TERHADAP WARGA NEGARA ASING YANG MENYALAHGUNAKAN IZIN KEIMIGRASIAN YANG SAH Fernando Yongky Ambat; Tri Sulistyowati
Reformasi Hukum Trisakti Vol. 3 No. 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Every foreigner who enters Indonesian territory must have an immigration permit. Immigration permits for foreign nationals are issued by Immigration Officials based on the results of examinations on foreigners who will enter Indonesian territory through the Immigration Checkpoints (TPI), people who abuse immigration permits are included in immigration violations as happened in the case of the Sukabumi District Court Decision Number 98/Pid.Sus/2021. The problems are how did the immigration crime by Echendu Michael Chinda occur in Indonesia, and whether law enforcement for the immigration crime committed by Echendu Michael Chinda was in accordance with Law-No. 6 of 2011 concerning immigration. The answers to the two main issues above are obtained in a juridical-normative manner which is descriptive in nature based on secondary data which is analyzed qualitatively by drawing conclusions using deductive logic.

PENETAPAN ORIENT SEBAGAI CALON BUPATI SABU RAIJUA UU NO 8 TAHUN 2015 Relliano Yopaca Fajrul Falaakh; Tri Sulistyowati
Reformasi Hukum Trisakti Vol. 4 No. 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

The procedure for holding regional elections, which is expressly outlined in the law and runs from the registration stage to the inauguration stage, is undoubtedly not a guarantee for the smooth operation of democracy during the holding of regional elections. The issue is formulated as to what the Law No. 1 of 2015's requirements and procedures are for selecting candidates for regents, as well as what the Law No. 12 of 2006's citizenship provisions mean for the Orient Patriot Riwu Kore and the implications of those provisions for his selection as a candidate for regent. Research technique using secondary legal normative data. Deductive logic is used to draw conclusions after a qualitative analysis of the data. The findings of the study, discussion, and conclusion show that Orient citizenship status, which has two (two) nationalities, has been automatically lost and to be determined as a candidate for regent null and void. This is based on the most important requirements for running for office, namely being an Indonesian citizen and having to fulfill other requirements and procedures in accordance with regulations. It is hoped that the Pilkada will follow the rules and satisfy the demands of the Governor, the Regent, or the Mayor as set forth in Law No. 1 of 2015.

PENEGAKAN HUKUM KEPADA WARGA NEGARA ASING TERKAIT TINDAK PIDANA KEIMIGRASIAN DOKUMEN PALSU Dimas Refaldy; Tri Sulistyowati
Reformasi Hukum Trisakti Vol. 5 No. 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15426

Indonesian Immigration is regulated by Law no. 6 of 2011 concerning Immigration, which is carried out by the Directorate General of Immigration in accordance with Article 1 paragraph (6). Problems: how did the violation of the use of fake immigration documents by Muhammad Habib a Bangladesh citizen occur and how was the supervision of foreigners who used fake documents in Indonesia, and was the District Court Decision Number: 172/Pid.B/2020/Pn.Tsm against Muhammad Habib is in accordance with the law on Immigration. This research is normative, descriptive in nature, uses secondary data, analyzed qualitatively, conclusions are drawn using a deductive method. Research results: Muhammad Habib made a mistake by submitting fake identity documents. Supervision of foreigners is carried out in accordance with a selective policy which aims to ensure that foreign nationals come to Indonesia to bring benefits to Indonesia.

PENEGAKAN HUKUM TERHADAP WARGA NEGARA ASING YANG MENYALAHGUNAKAN IZIN KEIMIGRASIAN YANG SAH Fernando Yongky Ambat; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 3 No 4 (2021): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i2.13605

Every foreigner who enters Indonesian territory must have an immigration permit. Immigration permits for foreign nationals are issued by Immigration Officials based on the results of examinations on foreigners who will enter Indonesian territory through the Immigration Checkpoints (TPI), people who abuse immigration permits are included in immigration violations as happened in the case of the Sukabumi District Court Decision Number 98/Pid.Sus/2021. The problems are how did the immigration crime by Echendu Michael Chinda occur in Indonesia, and whether law enforcement for the immigration crime committed by Echendu Michael Chinda was in accordance with Law-No. 6 of 2011 concerning immigration. The answers to the two main issues above are obtained in a juridical-normative manner which is descriptive in nature based on secondary data which is analyzed qualitatively by drawing conclusions using deductive logic.

PENETAPAN ORIENT SEBAGAI CALON BUPATI SABU RAIJUA UU NO 8 TAHUN 2015 Relliano Yopaca Fajrul Falaakh; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 4 No 3 (2022): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v4i5.15100

The procedure for holding regional elections, which is expressly outlined in the law and runs from the registration stage to the inauguration stage, is undoubtedly not a guarantee for the smooth operation of democracy during the holding of regional elections. The issue is formulated as to what the Law No. 1 of 2015's requirements and procedures are for selecting candidates for regents, as well as what the Law No. 12 of 2006's citizenship provisions mean for the Orient Patriot Riwu Kore and the implications of those provisions for his selection as a candidate for regent. Research technique using secondary legal normative data. Deductive logic is used to draw conclusions after a qualitative analysis of the data. The findings of the study, discussion, and conclusion show that Orient citizenship status, which has two (two) nationalities, has been automatically lost and to be determined as a candidate for regent null and void. This is based on the most important requirements for running for office, namely being an Indonesian citizen and having to fulfill other requirements and procedures in accordance with regulations. It is hoped that the Pilkada will follow the rules and satisfy the demands of the Governor, the Regent, or the Mayor as set forth in Law No. 1 of 2015.

PENEGAKAN HUKUM KEPADA WARGA NEGARA ASING TERKAIT TINDAK PIDANA KEIMIGRASIAN DOKUMEN PALSU Dimas Refaldy; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 5 No 1 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i1.15426

Indonesian Immigration is regulated by Law no. 6 of 2011 concerning Immigration, which is carried out by the Directorate General of Immigration in accordance with Article 1 paragraph (6). Problems: how did the violation of the use of fake immigration documents by Muhammad Habib a Bangladesh citizen occur and how was the supervision of foreigners who used fake documents in Indonesia, and was the District Court Decision Number: 172/Pid.B/2020/Pn.Tsm against Muhammad Habib is in accordance with the law on Immigration. This research is normative, descriptive in nature, uses secondary data, analyzed qualitatively, conclusions are drawn using a deductive method. Research results: Muhammad Habib made a mistake by submitting fake identity documents. Supervision of foreigners is carried out in accordance with a selective policy which aims to ensure that foreign nationals come to Indonesia to bring benefits to Indonesia.

MASUKNYA 34 WARGA NEGARA ASING ASAL CHINA DITINJAU DARI PERMENKUMHAM NOMOR 27 TAHUN 2021 Erry Daffa Ramadhan; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.17222

The Government of the Republic of Indonesia implemented the PPKM policy to limit Foreign Citizens to suppress the spread of COVID-19. In August 2021, 34 people originating from China entered Indonesian territory. The problem of this research is how did 34 foreign nationals from China violate PPKM restrictions against the provisions of PermenKumHam No. 27 of 2021 and what are the efforts made by the government in resolving the case of the entry of the 34 foreign nationals from China. This research is a juridical research that is analytical descriptive. Secondary data is data that is used with qualitative and deductive analysis as a method to draw a conclusion. The conclusion of this study is that the entry of 34 people originating from China entering Indonesian territory via Soekarno-Hatta International Airport does not violate the provisions in the Regulation of the Minister of Law and Human Rights Number 27 of 2021 which provides an exception for holders of Limited Stay Permits (ITAS). Completion efforts made by the government are to provide quarantine for 8 days and must show a complete vaccine dose certificate

PENEGAKAN HUKUM PEMALSUAN DOKUMEN KEIMIGRASIAN OLEH WNA MENGACU PADA UU NO. 6/2011, STUDI PUTUSAN NO. 292/PID.SUS/2021/PN BTM: Aden Alfiansyah; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 5 No 4 (2023): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i4.18696

This research examines the principles, legal norms, and concepts within the Immigration Law in Indonesia. It focuses on the case of document forgery by a foreign national, MYAT THIT alias MUHAMMAD, a Myanmar citizen in Batam. The defendant was arrested at Pantai Stress, Batu Ampar, for not having a Myanmar passport and residence permit. The research problem formulation is: What is the role of the immigration office in supervising Foreign Nationals in Batam? And how is the law enforced against immigration offenses committed by Myanmar citizens? The research method used is normative juridical, drawing conclusions through deductive logic. The research results reveal that the concept and mechanism of supervision over foreign nationals (FN) in Batam are still unclear and cannot be implemented effectively.

ANALISIS KEWENANGAN GUBERNUR DKI JAKARTA DALAM MENETAPKAN KEPUTUSAN UPAH MINIMUM PROVINSI TAHUN 2022: Analysis of the Authority Governor of DKI Jakarta in Provincial Minimum Wage Decision for the Year 2022 Sandy Maulana Yusuf Saidi; Tri Sulistyowati
Reformasi Hukum Trisakti Vol 6 No 2 (2024): Reformasi Hukum Trisakti
Publisher : Fakultas Hukum Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v6i2.19988

This study is based on previous work by the Governor of DKI Jakarta, who, in his 2021 Decree No. 1359, first decided on a minimum salary by looking at government regulations pertaining to salaries. Afterwards, Decree Number 1517 superseded it, disregarding the applicable government wage regulations. Examining whether or not Governor DKI Jakarta's Decision Number 1517 of 2021, which sets the minimum salary for 2022, conforms with legal requirements, and whether or not the Governor has the jurisdiction to decide minimum wage choices based on extant legislation are the problems that this study seeks to address. Using secondary data culled from a variety of sources, including main legal resources like statutes and secondary legal materials like books and journals, this study takes a descriptive-analytical method. Qualitative research and inference led to the conclusion that Law 23 of 2014 on Regional Governments grants the Governor of DKI Jakarta the authority to establish the provincial minimum salary for 2022. Unfortunately, this decision was not made in accordance with the processes laid forth in Law No. 12 of 2011 on the Formation of Legal standards.

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