PENEGAKAN HUKUM TERHADAP ORANG ASINGPENGGUNA PASPOR PALSU DI WILAYAH INDONESIA(ANALISIS PUTUSAN NOMOR : 100/PID.B/2016/PN.JKT.SEL)

• Main Author: Eka Putri Ananda Juani Mashyfa, - (Author)
• Format: Book
• Published: 2019-01-11.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/227/1/AWAL.pdf; http://repository.upnvj.ac.id/227/2/ABSTRAK.pdf; http://repository.upnvj.ac.id/227/3/BAB.I.pdf; http://repository.upnvj.ac.id/227/4/BAB.II.pdf; http://repository.upnvj.ac.id/227/5/BAB.III.pdf; http://repository.upnvj.ac.id/227/6/BAB.IV.pdf; http://repository.upnvj.ac.id/227/7/BAB.V.pdf; http://repository.upnvj.ac.id/227/8/DAFTAR.PUSTAKA.pdf; http://repository.upnvj.ac.id/227/9/RIWAYAT.HIDUP.pdf; http://repository.upnvj.ac.id/227/11/LAMPIRAN.pdf; http://repository.upnvj.ac.id/227/10/artikel_skripsi_eka_putri_%20ananda_juani_mashyfa.pdf
• Keywords: K Law (General)

The authenticity and truth of the passports of foreigners in Indonesia is very important in order to protect the public and the state from all crimes that threaten the security and integrity of the sovereignty of the Indonesian state. Law enforcement on the use of fake passports in the territory of Indonesia by foreigners is very important because the determination of an immigration crime or violation case can be solved by criminal or administrative legal process so that the immigration process can be resolved quickly, effectively and efficiently, how in this case the concept of conviction of foreigners who use fake passports according to the Laws and regulations and whether the Judge's decision in the practice of the Court against foreigners using fake passports is in accordance with the applicable Laws and Regulations. This study uses a normative juridical approach and research specifications based on secondary data. The results of the study show that Immigration Crime is implementing an administrative settlement, because immigration is included in the family of Administrative Law so that criminal sanctions are Ultimum Remidium which is exceptional and casuistic, with threats and criminal penalties tending to be mild. Criminalization can be carried out as long as it fulfills the elements of a criminal offense both according to the Immigration Law and the Criminal Code, given that the Criminal Code is a lex generalis from the Immigration Act as lex specialis. In addition to criminal law enforcement, administrative settlement is also called the Immigration Administration Act (TAK) in the form of returning foreigners to their home countries (deportation) and banning, Quarantine in Detention Houses or Detention Rooms