Immigration has a very large role in the dynamics of human mobility, which means that immigration guards the entrance or exit of a person from the territory of a country so that someone has requirements when entering and exiting a country, because foreigners entering a country can have a very large impact both positive and negative impacts in a country. Therefore, immigration is very guarding the gate in the country.
According to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 39 of 2021 about Procedures for Investigating Immigration Crimes. Immigration is a matter of the traffic of people entering or leaving Indonesian territory and its supervision in order to maintain the upholding of state sovereignty. Then, Investigation is a series of investigator’s actions to find and collect evidence which can explain the criminal act that occurred and to find the suspect, in terms and manner regulated in Law Number 8 of 1981 concerning the Code of Criminal Procedure.
Immigration investigations are carried out by immigration officials who are immigration civil servants (PPNS) and the police by conducting supervision, observation, research, and/or examination of indications of immigration criminal events if immigration crimes are found, the process can be continued by conducting pre-investigations. If immigration violations committed by foreigners, and they fall into the category of criminal acts, an investigation process will first be carried out and if indications of criminal acts are found, they will be raised to investigation.
Immigration Criminal Investigation is carried out based on:
- Reports from the public or law enforcement officials that can be submitted orally or in writing
- Caught by the public or law enforcement officials; and/or
- The results of Immigration supervision that have been outlined in the Immigration Report.
Examples of immigration crimes, namely human trafficking, falsification of travel documents, the use of false visas, providing false information and other forms of immigration crimes as stated in the immigration law may be subject to imprisonment and/or fines.
If foreigners are undergoing detention for the purposes of investigation, prosecution, and examination in court proceedings or serving confinement or imprisonment in a judicial institution. While the stay permit is past, there is no obligation to be in Indonesian territory.
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By Olina Rizki Arizal
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.
PRAMANA, A. A. A., &; IMMIGRATION, P. APPLICATION OF IMMIGRATION LAW IN THE FRAMEWORK OF IMMIGRATION SUPERVISION.
REGULATION OF THE MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA NUMBER 39 OF 2021 CONCERNING PROCEDURES FOR INVESTIGATING IMMIGRATION CRIMES
Immigration Law CHAPTER 10-Investigation