| dc.description.abstract | Accelerating the development of technology that makes it easy for humans to travel through the boundaries of space and territory, as well as facilitate the ongoing people smuggling activities in various parts of the world which resulted in people smuggling became a serious problem faced by many countries in the world. No exception to the State of Indonesia as a big country with a strategic position right in the world of cross traffic, now also face major problems related to people smuggling. The traffic of goods, services and also a very busy man in the country with thousands of islands, now appear like a "double-edged sword". On the one hand, the strategic position has a lot of strategic significance are very favorable for the development and growth of Indonesia. But on the other hand, a strategic position that makes the State of Indonesia as one of the strategic areas of people smuggling operation lines in the world.
This research study focuses on how the Indonesian Government's policy in handling the crime of people smuggling: how law enforcement against the handling of a criminal offense of people smuggling in Indonesia; and how efforts to overcome the obstacles in handling the crime of people smuggling in Indonesia.
The method used is normative, is by examining the sources of literature relevant to the theme of research, including a study of the principles of law, the sources of law, legislation relating to the crime of people smuggling.
The results showed Firstly, the policy pursued by the Indonesian Government in preventing the crime of people smuggling is to implement penal policy and nonpenal. Prevention and mitigation of the crime of people smuggling should be done with an integral and comprehensive approach as well as the balance between means of "penal" and "nonpenal". The penal policy include: investigation and investigation of criminal people smuggling; Prosecution of perpetrators of criminal acts of people smuggling; prosecute perpetrators of people smuggling and prosecute perpetrators of people smuggling in house state prisoners. While nonpenal policy conducted by the
Indonesian Government in handling the crime of people smuggling, among others: a. Regional cooperation such as the implementation of the Bali Process; b. Cooperating handling of smuggling between Indonesia and the Government of Australia; c. Cooperation with the countries in the ASEAN region against people smuggling is happening in the region; and d. Giving authority to the relevant institutions such as police, prosecutors, courts, the military, the Directorate General of Immigration of the Ministry of Justice, Ministry of Foreign Affairs to implement policies in the process of handling the criminal offense of people smuggling. Secondly, enforcement of the law against people smuggling, in principle, has held up well by the Indonesian government law enforcement officials. Law enforcement conducted a comprehensive, in the sense that in addition to enforcing criminal prosecution against perpetrators of people smuggling as well as to give the effect of "deterrence" to the public so that they are not involved in the crime. Indonesia also cooperate with other countries in this aspect of law enforcement, particularly through cooperation to increase the capacity of law enforcement agencies so that it can effectively carry out prevention and early detection of the possibility of people smuggling. Enforcement of the law against the crime of people smuggling in Indonesia starting from: 1). The handling of illegal immigrants which includes handling and inland waters; do persuasion or negotiation in the interception; do pendetensian Immigration; 2). Conducting investigations and inquiries; 3). Prosecution which consists of pre-prosecution stage, the stage of prosecution and the transfer to the court; 4). Examination in court; 5). Execution or punishment in prison or State Prison. Third, In the national level, the efforts made to overcome the obstacles in handling the crime of people smuggling is to improve coordination among related government agencies mainly through P2MP2S Desk (Desk Management Human Trafficking, Refugees and Asylum Seekers), such as at the policy level, the Police play a major role in coordination with the Coordinating Ministry for Political, Legal and Security Affairs, Ministry of Foreign Affairs, and the Ministry of Justice and Human Rights The Directorate General of Immigration. At the operational level, recorded the involvement of TNI, BIN, Police, Immigration and the Attorney. When there is an indication of people smuggling cases related to terrorism, BNPT will be involved in efforts to handle. In the international level, the Indonesian government continues to encourage the strengthening of cooperation between countries, especially through the Bali Process and international organizations such as IOM and UNHCR to ensure the prevention and control of people smuggling comprehensively. As a state party to the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention Against Transnational Organized Crime (UNTOC), Indonesia has always played an active role in the discussion of international efforts abolition of people smuggling. From the results of this study suggest, first, Handling committed by law enforcement officers at the level of the beginning has been optimally performed but lead to the failure of the Criminal Justice System in the handling of these cases were caused by the absence of rules and regulations were standard and specialized in the form Prevention Act and the Eradication of People Smuggling. So it is recommended to the Government and the Parliament to immediately finalize the
Draft Law on the Prevention and Eradication of the Eradication of People
Smuggling. That Indonesia will not be a favorite transit country or country of
destination that will surely cost the country directly or indirectly. Secondly, suggested
to the President of the Republic of Indonesia to issue a Presidential Decree regarding
the prevision of a period of deportation, not to IO {ten) years, as is the case today. If
illegal migrants do not want to be deported, then the illegal migrants can be jailed, as
applicable in the Thailand State. Third, suggested to the Police of the Republic of
Indonesia to build or create a group of volunteers that helps socialize the dangers of
people smuggling and report it to the police in case of criminal acts of people
smuggling in the region are often traversed by smugglers to quickly handle a criminal
offense human trafficking, such as in coastal areas Banten. | en_US |
