IMPLEMENTATION OF IMMIGRATION FUNCTIONS AS IMMIGRATION LAW ENFORCEMENT IN THE FRAMEWORK OF NONPROCEDURAL MIGRANT INDONESIAN WORKERS

PENERAPAN FUNGSI KEIMIGRASIAN SEBAGAI PENEGAK HUKUM KEIMIGRASIAN DALAM RANGKA PENCEGAHAN PEKERJA MIGRAN INDONESIA NONPROSEDURAL

Abstract

Indonesia is one of the largest contributors to migrant workers in ASEAN. The large number of
Indonesians who have links to become Indonesian Migrant Workers or PMI have started to cause
unrest with the criteria for non-procedural Indonesian migrant worker who work without using valid
or incomplete documents. The existence of non-procedural migrant worker poses a greater risk of
crimes that can occur to migrant workers, considering that they are non-procedural migrant workers
who are not bound and protected by the law that works on Indonesian Migration Workers, namely
Law Number. 18 of 2017. Membership is not the broad coverage of this legal basis, coupled with the
low level of public understanding of the law, and the consequences of its mistakes and weak law
enforcement are the main causes of the circulation of non-procedural migrant workers which
eventually become victims of crimes that may occur such as exploitation, abuse, national,
persecution, smuggling, and human trafficking to become victims of murder. Immigration as a
government agency associated with indonesian migrant worker carries out its function partly as
public and legal service. Law enforcement carried out by immigration officials, namely monitoring to
providing criminal acts, is a form of law enforcement carried out by immigration to provide protection
to PMI and prevent non-procedural PMI sending.