Immigration crime is very detrimental and endangers the community so that threats and criminals are needed to provide a deterrent effect for foreigners who commit violations, besides that immigration crime is one of the international crimes, therefore supervision of foreigners is needed, including supervision of foreigners, field supervision, immigration detention centers, prevention and deterrence.
Immigration crime is an act prohibited by immigration law and anyone who violates it is threatened with criminal sanctions stipulated in the regulation itself (Abdullah Sjahriful, 1992: 112)
According to article 113 chapter 11 of the Immigration Law, any person who intentionally enters or leaves Indonesian Territory who does not go through inspection by an Immigration Officer at the Immigration Checkpoint as referred to in Article 9 paragraph (1) shall be punished with a maximum imprisonment of 1 (one) year and/or a maximum fine of Rp100,000,000.00 (one hundred million rupiah).
Case in point:
The Head of the Immigration Office Class II TPI Bengkalis along with all Immigration Intelligence and Enforcement (Inteldakim) staff conducted a press release of cases of human trafficking and/or immigration crimes at the Bengkalis Police Station on Thursday, 29/09/2022. Also present were the Bengkalis Police Chief, Kasat Reskrim, and Bukit Batu Police Chief.
The modus operandi of the case is the smuggling of 10 Indonesian Citizens (WNI) and 43 Foreign Citizens (WNA), out of the territory of the Republic of Indonesia to Malaysia through unofficial / illegal channels.
The chronology of the incident is, on Monday, September 26, 2022, at around 21.00 WIB, members of the Bukit Batu Police received information about the presence of 43 foreigners from Bangladesh and 10 Indonesian Migrant Workers (PMI) who would leave for Malaysia through sea waters, Tanjung Leban Village, Bandar Laksmana District, Bengkalis Regency. With this information, members of the Bukit Batu Police Station and TIM visited the crime scene, and found that there were foreigners and migrant workers on the coast of Tanjung Leban Village. Furthermore, officers interrogated and secured the perpetrator who accommodated 43 foreigners and 10 Indonesian citizens on behalf of EDWARD at his house located on Jl. Arifin Ahmad Selinsing, Medang Kampai District.
Perpetrators are subject to Article 2 Paragraph (1) of Law of the Republic of Indonesia Number 21 of 2007 concerning the Eradication of Trafficking in Persons and/or Article 120 paragraph (1) of Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration Minimum threat of imprisonment for a minimum of 3 (three) years and a maximum of 15 (fifteen) years and a fine of at least Rp. 500,000,000.00 (five hundred million rupiah) and a maximum of Rp. 1,500, 000,000,00 (one billion five hundred million rupiah).
Other forms of immigration crime
| No | Cases of Immigration Violations by Foreigners |
| 1 | There are 8 (eight) illegal workers from China secured on June 2016 because he did not have official documents in Galang Village Batang, Kijang District, Bintan, Riau Islands |
| 2 | In 2017 foreign nationals of Nigerian origin were protected or hidden by Indonesian citizens and assisted also by immigration people. However, Indonesian citizens who protect foreign nationals are difficult to trace because the solidarity of Nigerian citizens is quite strong. Of these cases, there are 25 people including Nigerian and South African nationals. |
| 3 | Deportation of 20 (twenty) Chinese nationals due to misusing an expired temporary resident visa (overstay) at a company in Cilegon, Banten in February 2016; |
Strict security is needed in immigration within a country, the presence of foreigners in Indonesia is regulated in article 24 of the Law, namely:
- Every foreigner residing in Indonesian territory must have an immigration permit.
- The permit as referred to, consists of:
- Layover Permit;
- Visit Permit;
- Limited Stay Permit;
- Permanent Stay Permit
TBrights is an integrated business service in Indonesia that will assist you to settle and grasp a lot of opportunities in Indonesia.
by Tommy HO – Managing Partner TBrights
Reference:
Immigration Law Chapter 11- Criminal Provisions
Law 39 of 2021
Anugerah, N. R., &; Pranata, S. (2019). The Position of Immigration Law in the Indonesian Legal System (Law Enforcement Efforts Against Immigration Crimes). Journal of Law and Border Protection, 1(2), 85-101.
Muharam, A., Butar, P. R. B., & Wibawanto, M. R. Y. (2022). Implementation of Immigration Functions in State Security. AL-MANHAJ: Journal of Islamic Law and Social Institutions, 4(2), 573-582.
https://nasional.kompas.com/read/2022/05/22/03300051/upaya-paksa-kepolisian-dalam-penyidikan-tindak-pidana
