scholarly journals Immigration Civil Service Investigator Authority in Implementing Investigation and Investigation as Law Enforcement Efforts on Immigration Criminal Actions

2019 ◽  
Vol 1 (2) ◽  
pp. 59-71
Author(s):  
Ridha Nikmatus Syahada ◽  
Muhammad Azzam Alfarizi
Keyword(s):  
Law Enforcement ◽  
Analytical Study ◽  
Human Mobility ◽  
Civil Servant ◽  
Legal Order ◽  
Immigration Law ◽  
Vital Function ◽  
Cross Border ◽  
International Human ◽  
National Police

Monitoring international human mobility through cross-border countries in terms of immigration has various implications for a country's survival. Immigration has a vital function in supervising and implementing the law on the traffic of foreign nationals and inhabitants of their own country in order to compensate for the threat that enters a country's territory. Immigration law enforcement is carried out both administratively and pro-judicially in its application. An Immigration Civil Servant Investigator (PPNS) is constituted in the Immigration Office to carry out its role and to deal with immigration offences that arise. This study is a descriptive analytical study of the flaws discovered with the juridical normative method employed by gathering and analyzing the literature sources gathered. Immigration Civil Servant Investigators are legally liable for their investigative acts in line with the applicable rules and regulations when conducting investigations, while official responsibilities are carried out hierarchically. Article 105 of Law Number 6 of 2011 establishes the presence of civil servant investigators, which certifies that immigration investigators are authorized to examine immigration offences committed in line with the terms of this Law. However, in its implementation, PPNS Immigration can collaborate with the National Police to carry out supervision, investigation, and investigation to optimize its supervisory and law enforcement tasks in order to help carry out both preventive and repressive law enforcement in order to build a conducive legal order

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Policy Formulations of the Fisheries Criminal Act: An Investigation of the Authority of the Criminal Justice System in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 165
Author(s):  
Deassy J. A. Hehanussa ◽  
Koesno Adi ◽  
Masruchin Ruba’i ◽  
Pridja Djatmika
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Procedure ◽  
Civil Servant ◽  
Maritime Security ◽  
Public Prosecutor ◽  
Procedure Code ◽  
National Police

Law enforcement implementation of fisheries criminal act especially for investigation based on Article 73 (1) of Law No. 45 of 2009 is executed by Fishery Civil Servant Investigator (PPNS), Investigator of Indonesian Navy officer and/or Investigator of Indonesian National Police. This investigation authority is called as attribution authority meaning that the authority is granted by the order of law. This regulation grants the same authority to these three institutions to investigate and submit their investigation report to public prosecutor without any cohesive system in its implementation. If it is linked to Law No. 8 of 1981 as an illustration of criminal justice system of Indonesia which is referred as the basis of common and specific criminal law enforcement, it emerges juridical weakness as a consequence of regulation inconsistency including conflict of norm between Criminal Procedure Code (KUHAP) and Fisheries Act. This inconsistency emerges conflict of authority among those investigators and emerges law indeterminacy. Hence, reformulate investigation authority of fisheries criminal act needs to be conducted along with paying attention on waters territory of Indonesia upon Law No. 6 of 1996 about Waters Territory of Indonesia despite law enforcement mechanism which had to be enforced corporately. This study result concludes that inconsistency of investigation authority formulation in fisheries criminal act in criminal justice system not only emerges fuzziness of norm but also conflict of norm between Law No. 8 of 1981 about Criminal Procedure Code and Law No. 45 of 2009. This emerges because there is an overlapping of investigation authority among 3 institutions, i.e., Fishery Civil Servant, Indonesian Navy and the Police. Formation team of Indonesian Maritime Security Coordinating Board (Bakorkamla) only has an authority as coordinating function. Hence, to maximize the law enforcement in the ocean, function of Indonesian Maritime Security Coordinating Board should be improved as a coordinator of law enforcement in ocean territory of Indonesia.

scholarly journals PENEGAKAN HUKUM TERHADAP PELANGGARAN HAK MEREK DI KOTA MAKASSAR

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
St. Nurjannah
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
The Law ◽  
The Republic ◽  
National Police ◽  
The City

AbstractThe form of law enforcement against brand violations in the city of Makassar has been regulated in Law No. 20 of 2016 that has been good and perfect because it has gone through several revisions and in practice, law enforcement against these violations has been carried out well by investigators of the civil service Ministry of Law and Human Rights who work closely with the Republic of Indonesia National Police investigators and Public Prosecutors. But it is needed addition to the number of civil servant investigators in the scope of ministries that specifically deal with violations of brand rights and IPR as a whole so that enforcement and implementation of the Law / 20 of 2016 is more maximal. The stipulation of laws concerning brands which constitute complaint offenses must be changed to the usual offense of enforcement of violations of Brand Rights which can be immediately processed by the authorities without waiting for a complaint.Key Words: Law Enforcement, Brand RightsAbstrakBentuk penegakan hukum terhadap pelanggaran merek di kota Makassar telah diatur didalam UU No. 20 Tahun 2016 yang telah bagus dan sempurna karena telah melalui beberapakali revisi dan dalam prakteknya, penegakan hukum terhadap pelanggaran ini telah dijalankan dengan baik oleh penyidik pegawai negeri sipil kementerian Hukum dan Ham yang berkerja sama dengan penyidik Kepolisian Negara republik Indonesia serta Penuntut Umum. Namun, diperlukan penambahan jumlah penyidik pegawai negeri sipil dilingkup kementrian yang khusus menangani pelanggaran hak merek dan HKI secara keseluruhan agar penegakan dan penerapan UU/20 tahun 2016 lebih maksimal. Penetapan UU tentang merek yang merupakan delik aduan harus diubah menjadi delik biasa sehingga penegakan terhadap pelanggaran Hak Merek dapat segera diproses oleh pihak yang berwajib tanpa menunggu adanya aduan.Kata Kunci: Penegakan Hukum, Hak Merek

scholarly journals THE IMPLEMENTATION OF REGIONAL CIVIL SERVANT INVESTIGATOR IN LAW ENFORCEMENT IN KUNINGAN DISTRICT, INDONESIA

2019 ◽  
Vol 6 (1) ◽  
pp. 23
Author(s):  
Ade Suhendra ◽  
Haris Budiman ◽  
Erga Yuhandra
Keyword(s):  
Law Enforcement ◽  
Civil Service ◽  
Civil Servant ◽  
Analytical Research ◽  
National Police ◽  
General Technical ◽  
Legal Entities

This research aims to analyze the regulation of Civil Servant Investigator based on Regional Regulation No. 6 of 2005 and the implementation of Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit. This descriptive-analytical research applied a normative juridical approach. The results showed that based on Regional Regulation No. 6 of 2005, Regional Civil Servant Investigator has the duties of conducting investigation on violations of Regional Regulations in which each Regional Civil Servant Investigator must be equipped with an investigation warrant signed by the supervisor of the Regional Civil Servant Investigator in conducting the investigation. Besides, Regional Civil Servant Investigator also has the duties of providing coaching which includes general, technical, and operational coaching for Civil Servant Investigator. Further, regarding the implementation of Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit, the Regional Civil Servant Investigator generally has carried out its duties in conducting investigation and inspection towards illegal buildings, places of business and business activities; conducting investigation and inspection towards community, apparatus or legal entities violating regional regulations, head district regulations, and head district decisions; and preparing material to be submitted to the National Police regarding follow up actions towards community, apparatus or legal entities violating regional regulations, head district regulations, and head district decisions. Thus, it can be concluded that, in general, Regional Regulation No. 6 of 2005 concerning Regional Civil Servant Investigator at Office of Kuningan District Civil Service Police Unit has been implemented well.Tujuan penelitian ini yaitu untuk mengetahui Penyidik Pegawai Negeri Sipil berdasarkan Peraturan Daerah Nomor 6 Tahun 2005 dan implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol Polisi Pamongpraja Kabupaten Kuningan. Spesifikasi penelitian yang digunakan adalah penelitian bersifat deskriptif-analitis dengan pendekatan yuridis normatif. Hasil penelitian menunjukkan bahwa pengaturan Penyidik Pegawai Negeri Sipil berdasarkan Peraturan Daerah Nomor 6 Tahun 2005 dijelaskan bahwa Penyidik Pegawai Negeri Sipil Daerah mempunyai tugas melakukan penyidikan atas pelanggaran Peraturan Daerah; setiap Penyidik Pegawai Negeri Sipil Daerah dalam menjalankan tugas penyidikan harus dilengkapi dengan surat perintah penyidikan yang ditanda tangani oleh atasan Penyidik Pegawai Negeri Sipil Daerah; serta pembinaan terhadap Penyidik Pegawai Negeri Sipil meliputi: pembinaan umum, pembinaan teknis, dan pembinaan operasional. Selanjutnya implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol PP Kabupaten Kuningan secara umum Penyidik Pegawai Negeri Sipil Daerah telah melaksanakan penyelidikan, penyidikan, dan pemeriksaan terhadap bangunan, tempat-tempat usaha dan kegiatan usaha tanpa izin; melaksanakan penyelidikan, penyidikan, dan pemeriksaan terhadap masyarakat, aparatur atau badan hukum yang melakukan pelanggaran atas peraturan daerah, peraturan bupati, dan keputusan bupati; dan menyiapkan bahan koordinasi kepada Keolisian Negara mengenai tindak lanjut berita acara pemeriksaan warga masyarakat, aparatur atau badan hukum yang melakukan pelanggaran atas peraturan daerah, peraturan bupati, dan keputusan bupati. Kesimpulan penelitian yaitu implementasi Peraturan Daerah Nomor 6 Tahun 2005 tentang Penyidik Pegawai Negeri Sipil Daerah di Kantor Satpol Polisi Pamongpraja Kabupaten Kuningan secara umum sudah dilaksanakan dengan baik.

scholarly journals The Issue of Authority Between the National Police Republic of Indonesia and National Narcotics Agency in Handling The Case of Narcotics

2018 ◽  
Vol 7 (4) ◽  
pp. 435
Author(s):  
Isya Nalapraja
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Servant ◽  
Police Force ◽  
Legal Research ◽  
The Poor ◽  
National Police

Narcotics eradication is carried out by the National Narcotics Agency based on Law Number 35 of 2009 concerning Narcotics concerning investigations, and narcotics precursor accompanied by wiretapping. In addition to the National Narcotics Agency in Law Number 2 of 2002 concerning the Police that Police Investigators and Civil Servant Investigators have the same authority in combating narcotics. This will lead to a mechanism duet against law enforcement in the framework of eradicating narcotics. This study uses normative legal research methods that depart from the existence of conflicting norms between the authority of the Police and the National Narcotics Agency. Due to the occurrence of authority disputes between the National Narcotics Agency and the Police Force, law enforcement has been ineffective because of the poor coordination of the two institutions and Agency, resulting in competing for authority and causing abuse of authority.

scholarly journals The Immigration Crime and Policy: Implementation of PPNS Authorities on Investigation

2018 ◽  
Vol 3 (02) ◽  
pp. 175-194
Author(s):  
Muhammad Alvi Syahrin
Keyword(s):  
Law Enforcement ◽  
Policy Implementation ◽  
Public Participation ◽  
Criminal Law ◽  
Civil Servant ◽  
Immigration Law ◽  
Challenging Problem ◽  
Procedure Code ◽  
The Republic ◽  
Incorrect Information

Immigration crime and criminal law are one of the interesting studies not only seen in terms of law enforcement but also criminal law politics and authority arrangements in immigration. For Indonesia, the problem of immigration is a challenging problem, not because it is only the location of Indonesia that is vast and has many access points for immigrants, but also the authority between institutions. Article 105 of Law Number 6 Year 2011 on Immigration, states that the Immigration Civil Servant Investigator is authorized as an Immigration criminal investigator conducted in accordance with the provisions. The results of this study are: (1) enforcement of immigration law conducted one of them with the investigation of perpetrators of violations of the Immigration Act. The process of investigating the perpetrators of violation of Immigration Law is based on the provisions of the Criminal Procedure Code as lex generalis and Immigration Law as lex specialis. In this research, law enforcement has been carried out in order to participate in trading fake immigration/passport travel documents by providing unauthorized data or incorrect information to the Immigration officer to obtain travel documents of the Republic of Indonesia for himself, (2) in implementing immigration law enforcement function there are still obstacles faced Immigration Civil Servant Investigator include low knowledge, lack of operational fund, lack of public participation in reporting the existence of foreigner in their environment, weakness of coordination with other law apparatus and obstacle from law factors.

scholarly journals Interdicting International Drug Trafficking: a Network Approach for Coordinated and Targeted Interventions

2021 ◽  
Author(s):  
Luca Giommoni ◽  
Giulia Berlusconi ◽  
Alberto Aziani
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Network Approach ◽  
Targeted Interventions ◽  
Cross Border ◽  
Edge Betweenness ◽  
Different Types ◽  
Social Network Approach ◽  
The Impact ◽  
International Trafficking

AbstractThere is a relative dearth of literature on both the effects of cross-border interdictions and the impact of different types of interventions on international drug trafficking. This study identifies the main trafficking routes for cocaine and heroin, along with comparing the disruptive effects induced by targeted and non-coordinated interventions. It adopts a social network approach to identify the routes along which cocaine and heroin are trafficked, and then simulates the impact of different interdiction strategies on these two trafficking networks. The findings indicate that targeting countries based on their respective positions in the networks, as opposed to on the basis of the quantity of drugs exchanged, is more likely to disrupt drug flows. More specifically, concentrating law enforcement resources on countries with several incoming or outgoing trafficking connections, or those countries that mediate between producer, transit and consumer countries, would appear to be particularly effective in this regard. Interventions focused on specific trafficking routes are also likely to be effective if these routes have high edge betweenness centrality scores. This study contributes to extant understanding on the vulnerability of cocaine and heroin international trafficking networks, and, moreover, demonstrates that empirically-driven strategies are potentially more effective at interdicting international trafficking than non-strategic and non-coordinated interventions.

Kontrol Keimigrasian terhadap Kunjungan Orang Asing di Provinsi Aceh

2019 ◽  
Vol 5 (1) ◽  
pp. 1-16
Author(s):  
Safrida Safrida
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Immigration Law ◽  
Limited Budget ◽  
Aceh Province ◽  
Directorate General ◽  
The Government ◽  
Supervisory Staff ◽  
And Control ◽  
Staff Number

The government, through the Directorate General of Immigration, an Indonesian government agency under the Ministry of Law and Human Rights, has carried out one of its duties and functions, namely the supervision and control of foreigners residing in Indonesian territory, based on Law Number 6, 2011 concerning Immigration. The supervision or control is carried out to enforce the law, especially the immigration law. The class II Lhokseumawe Immigration Office in the Aceh province, which is the technical implementation unit for immigration in the region, has carried out its duties and functions of monitoring and controlling foreigners in its working area since the release of regulation No. 6, 2011. The results of this study reported that the implementation of supervision of foreigners at the Lhokseumawe Immigration Office has been carried out properly based on the regulation concerning Immigration and Regulation of the Minister of Law and Human Rights. But some constraints are still encountered, particularly lack of supervisory staff number, the width of the working area, and the limited budget. The author's suggestion should be that the implementation of supervision and control of foreigners at this working area should be carried out as often as possible and at the same time, the stakeholder (government) should resolve the obstacles met by staffs so that the immigration law enforcement can be achieved and improved.

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