Immigration Supervision Model for Detainees Living Outside Immigration Detention Centers: Case Study of Detainees for More Than Ten Years in Indonesia
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Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute
Asian Institute of Research, Journal Publication, Journal Academics, Education Journal, Asian Institute

Journal of Social and Political

Sciences

ISSN 2615-3718 (Online)

ISSN 2621-5675 (Print)

asia insitute of research, journal of social and political sciences, jsp, aior, journal publication, humanities journal, social journa
asia insitute of research, journal of social and political sciences, jsp, aior, journal publication, humanities journal, social journa
asia insitute of research, journal of social and political sciences, jsp, aior, journal publication, humanities journal, social journa
asia insitute of research, journal of social and political sciences, jsp, aior, journal publication, humanities journal, social journa
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Published: 03 June 2024

Immigration Supervision Model for Detainees Living Outside Immigration Detention Centers: Case Study of Detainees for More Than Ten Years in Indonesia

Tony Mirwanto, M. Alvi Syahrin, Koesmoyo Ponco Aji, Anindito Rizki Wiraputra, Devina Yuka Utami, Tantyo Arie Yudhana

Polytechnic of Immigration (Indonesia), Directorate General of Immigration (Indonesia)

journal of social and political sciences
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doi

10.31014/aior.1991.07.02.495

Pages: 152-169

Keywords: Detainees, Immigration Supervision, Immigration Detention Centre, Ten Years

Abstract

Article 85 of Law Number 6 Year 2011 on Immigration stipulates that detention of foreigners can be carried out until the detainee is deported. However, in the event that the deportation cannot be carried out, the detention may be carried out for a maximum period of ten years. The designated Immigration Officer may remove the detainee from the Immigration Detention Centre if the ten-year period is exceeded and allow the detainee to stay outside of the Immigration Detention Centre by stipulating the obligation to report periodically. To date, there are eight detainees who have been placed outside the Jakarta Immigration Detention Centre due to their detention period of more than ten years. Some of them have even worked and married Indonesian citizens. This social fact needs to be seriously examined, as it has the potential to cause social patololgy in the community. The formulation of the problems to be discussed in this research are as follows (1) How is the supervision of detainees who are more than ten years outside the Jakarta Immigration Detention Centre? (2) What is the effective form of field supervision for detainees who are more than ten years outside the Jakarta Immigration Detention Centre? The research method used in this research is normative-empirical legal research which is analysed with the Theory of Law Enforcement Effectiveness and Legal Certainty. Based on the results of the research, it can be concluded that the supervision of detainees who are more than ten years outside the Immigration Detention Centre has not been implemented optimally. The implementation of field supervision of detainees has not been carried out due to the absence of rules or mechanisms related to field supervision of detainees who are more than ten years outside the Jakarta Immigration Detention Centre. In fact, the supervision carried out so far has only been carried out administratively and the field supervision, especially for officers, has not been carried out thoroughly for the detainees. In this case, the importance of field supervision is to see that the reported report is in accordance with what they reported, starting from the change of address, status to activities carried out and to control the condition of detainees who are outside living with the general public. This supervision needs to be done in order to avoid any violation of the law by the detainees in social life with the surrounding community.

References

  1. Afirda, I., Hasyim, S. and Ulfah, S., 2022. The Function of Immigration Detention Centres in Fulfilling the Rights of Foreign Refugees. Qawanin Journal of Legal Science, 3(1).

  2. Ahmad, R.S. and Sa'adah, N., 2021. Analysis of the Role and Strategy in Carrying out Immigration Supervision and Enforcement against Foreigners. Legal Spectrum, 18(1).

  3. Al-Asfahani, N.Z., Sohirin, S. and Wibowo, S.M., 2022. Improving Immigration Supervision of Foreigners through the Implementation of Selective Policy in the Era of Covid-19 Pandemic. Scientific Journal of Economics and Taxation, 2(2), pp.26-29.

  4. Anjasmara, A.A., Feryasa, A. and Palandi, J.J., 2022. The Influence of Immigration Supervision in National Development. Media Bina Ilmiah, 17(2), pp.225-234.

  5. Bahri, I., 2013. Immigration Supervision of Foreigners in the Context of Deportation in Review of Law Number 6 Year 2011 on Immigration (Study at Immigration Office Class I Polonia Medan). USU Law Journal, 1(1), p.14189.

  6. Benuf, K. and Azhar, M., 2020. Legal Research Methodology as an Instrument to Unravel Contemporary Legal Issues. Gema Keadilan, 7(1), pp.20-33.

  7. Darmawan, Oksimana. 2016. Implementation of Standard Norms in Jakarta Detention Centre in an Effort to Prevent Conflict between Detainees. Scientific Journal of Legal Policy, 10(1), pp.71-86.

  8. Duantara, H., Sharyanto, S. and Sudarsono, B.G., 2023. Design of Detainee Deportation Tracking System at Jakarta Immigration Detention Centre. Journal of Engineering, Technology and Computing (JETCom), 2(1), pp.11-17.

  9. Hartono, B., 2012. Law Enforcement Efforts Against Immigration Crimes. Progressive Justice, 3(1).

  10. Hasan, A., 2015. Immigration Supervision and Enforcement for Foreigners Who Exceed the Time Limit of Stay Permit in Indonesia. Lex et Societatis, 3(1).

  11. Hendrawan, H., Siregar, L.M. and Shatrya, M., 2022. The Role and Supervision of Immigration in Facing the Threat of State Sovereignty. JIIP-Scientific Journal of Education Science, 5(12), pp.5534-5543.

  12. Hermawan, M. Ridwan Ari and Utami, Devina Yuka. 2020. Overload in Immigration Detention Houses. Journal of Law and Border Protection, 2(1).

  13. Indah, F.T., 2019. Fulfilment of the Rights of Child Refugees in Indonesia in View of International Law (A Study of the Rights of Child Refugees in the Kalideres Immigration Detention Centre, Jakarta) (Doctoral dissertation, Universitas Jenderal Soedirman).

  14. Indonesia. Law Number 9 of 1992 concerning Immigration.

  15. Indonesia. Law Number 6 of 2011 on Immigration.

  16. Indonesia. Decree of the Minister of Justice and Human Rights No. M.01.PR.07.04 of 2004 on the Organization and Working Procedures of Immigration Detention Centres.

  17. Indonesia. Regulation of the Director General of Immigration Number F-1002.PR.02.10 of 2006

  18. Indonesia. Government Regulation Number. 31 of 2013 on the Implementation Regulation of Law No. 6 of 2011 on Immigration.

  19. Indonesia. Government Regulation Number. 4/2017 on Immigration Supervision Procedures.

  20. Jazuli, Ahmad. 2018. The Existence of Foreign Workers in Indonesia From the Immigration Law Perspective. Scientific Journal of Legal Policy, 12(1).

  21. Kurnia, Asep. 2019. The Role of Immigration Detention Centre in Immigration Law Enforcement System.

  22. Lathif, N., 2017. Legal Theory as a Tool to Renew or Engineer Society. Palar (Pakuan Law Review), 3(1).

  23. Mayang, D., Wani, P. and Ambia, W., 2021. Immigration Supervision Strategies and the Role of Immigration Law in Facing Threats to State Sovereignty in Indonesia. Journal of Research Science, 11(1), pp.44-56.

  24. Morradi, V.F., 2015. The Role of Immigration Detention Centre in the Protection of Human Rights of Asylum Seekers. Pandecta Research Law Journal, 10(1).

  25. Muharam, A., Butar, P.R.B. and Wibawanto, M.R.Y., 2022. Implementation of Immigration Function in State Security. Al-Manhaj: Journal of Islamic Law and Social Institutions, 4(2), pp.573-582.

  26. Muhlisa, A.N. and Roisah, K., 2020. Immigration Law Enforcement Against Abuse of Visit Stay Permit Visa Through the Time Limit (Overstay) on Foreign Citizens. Journal of Indonesian Legal Development, 2(2), pp.145-157.

  27. Nugroho, T.A. and Wahyudi, T., 2018. The Role of Immigration Intelligence in Anticipation of Potential Insecurity Caused by Foreigners in Indonesian Territory. Scientific Journal of Legal Policy, 12(3), pp.275-293.

  28. Pertiwi, A., Tarigan, B.Y.A. and Sianturi, B.B., 2023. Mechanisms and Provisions of Immigration Supervision at Indonesian Immigration Checkpoints in an Effort to Improve Community Welfare. JIIP-Scientific Journal of Education Science, 6(1), pp.114-120.

  29. Qamar, N. and Rezah, F.S., 2020. Legal Research Methods: Doctrinal and Non- Doctrinal. Social Politic Genius (SIGn).

  30. Ryanindityo, M., Gandul-Cinere, K.D. and Purnomo, A.S., 2019. A Human Rights Perspective on the Omission of Stateless Persons in Indonesia (Case Study: Danko Nizar Zlavic). Scientific Journal of Immigration Studies, 2(1), pp.93-100.

  31. Sagala, D.K.H.M., Kurniawan, R.D. and Devi, S., 2021. Optimisation of Immigration Supervision and Law Enforcement Against Foreigners. Civitas Academica: Student Scientific Journal, 1(1), pp.98-106.

  32. Sande, Junior Prime. 2020. Indonesia's Selective Immigration Policy towards Foreigners from Calling Visa Countries. Indonesian Perspective, 5(1).

  33. Santoso, M. Iman. 2004. Immigration Perspectives in Economic Development and National Resilience. University of Indonesia.

  34. Sentono, Y.B. and Syahrin, M.A., 2021. Dialectics Of Detention Implementation In The Immigration Investigation Process Of Oac Cs Case. Scientific Journal of Immigration Studies, 4(1), pp.61-73.

  35. Sukananda, S., 2018. Progressive Legal Theory Approach in Answering Legal Gaps in Indonesia. Journal of Sharia Economic Law, 1(2), pp.135-158.

  36. Surbakti, C.E., Pratama, D.A. and Asgar, F., 2021. Implementation of Immigration Supervision and Law Enforcement in Overstay Immigration Offences. Scientific Journal of Batanghari University Jambi, 21(3), pp.1264-1270.

  37. Syahputra, Reza. 2019. Implementation of Foreigner Supervision Administration. Asia-Pacific Journal of Public Policy, 5(1).

  38. Syahrin, M.A., 2017. Legal Application of Stateless Detainees Detained for More than 10 (Ten) Years in Jakarta Immigration Detention Centre. Fiat Justicia, 3(2).

  39. Syahrin, M. Alvi. 2018. Measuring State Sovereignty in the Perspective of Immigration. Journal of Legal Research De Jure 18, No. 1.

  40. Tan, D., 2021. Legal Research Methods: Exploring and Reviewing Methodology in Conducting Legal Research. Nusantara: Journal of Social Sciences, 8(8), pp.2463-2478.

  41. Widyaningrum, R.D., Tandipayuk, Y.H. and Siriyey, Y.A., 2021. Implementation of the SOP Policy at the Tanjung Pinang Central Immigration Detention Centre in an Effort to Maximise the Duties and Functions of Detention Law Number 6 Year 2011. Civitas Academica: Student Scientific Journal, 1(1), pp.214-219.

  42. Widyanto, Guntur and Ardyaningtyas, Riri. 2020. Selective Policies in the Immigration Sector Facing the Covid-19 Global Pandemic. Scientific Journal of Immigration Studies of Immigration Polytechnic, 3(2).

  43. Wilis, Ratna. 2009. Immigration Supervision and Enforcement of Foreigners' Stay Permit in Indonesia (Study of Immigration Office Class I Special Medan) (Doctoral dissertation, University of North Sumatra).

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