PENEGAKAN HUKUMKEIMIGRASIAN TERHADAP KEJAHATAN YANG TERJADI KEPADA PEKERJAMIGRAN INDONESIADALAM PERSPEKTIF KRIMINOLOGI KRITIS

IMMIGRATION LAW ENFORCEMENT REGARDING CRIMES OCCURRING TO INDONESIAN MIGRANT WORKERS FROM A CRITICAL CRIMINOLOGICAL PERSPECTIVE

Authors

  • Masdar Bakhtiar Politeknik Imigrasi
  • Mita Apriyana Sari Politeknik Imigrasi

DOI:

https://doi.org/10.52617/jikk.v6i2.443

Keywords:

Indonesian Migrant Workers (PMI), Law Enforcement, and Critical Criminology

Abstract

Indonesian migrant workers (PMI) are a group that is vulnerable to various risks and crimes during their migration process. Immigration law enforcement in this context is important in protecting the rights and security of PMI. Immigration law enforcement regarding crimes that occur to PMI by viewing them from a critical criminology perspective. The critical criminology approach views human trafficking and immigration-related crimes as complex phenomena influenced by social, economic, and political factors. This journal discusses criminological factors that influence PMI, including economic and social conditions, recruitment and visa systems, working conditions, and inequalities in access to the legal system. In the context of immigration law enforcement, this Journal highlights the possible impacts including criminalization of victims, increased risk, control and domination, as well as a lack of legal alternatives. In striking a balance between law enforcement and human rights protection, this journal raises questions about the effectiveness and fairness of legal responses to immigration crimes. In conclusion, immigration law enforcement against crimes that occur to PMI needs to be seen in a broader context, considering criminological factors and human rights. A holistic and welfare-oriented approach in dealing with this complex problem, by prioritizing the protection and rights of PMI in their migration process

Downloads

Published

2023-12-11

Issue

Vol. 6 No. 2 (2023): Jurnal Ilmiah Kajian Keimigrasian

Section

Articles

License


This work is licensed under a Lisensi Creative Commons Atribusi 4.0 Internasional.

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Lisensi Creative Commons Atribusi 4.0 Internasional that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).