THE ROLE OF IMMIGRATION IN GUARDING SEA BORDERS IN THE TERRITORY OF THE REPUBLIC OF INDONESIA

Authors

  • Harjuna Bayu Wicaksono Universitas Krisnadwipayana

Keywords:

Immigration, sea border, Immigration checkpoint, immigration supervisor, immigration, state sovereignty

Abstract

The sea border is a strategic area that is vulnerable to various forms of immigration violations, especially the crime of human smuggling. In this context, Immigration has a central role as the front line in maintaining state sovereignty, especially in terms of monitoring the traffic of foreigners entering and exiting Indonesian territory by sea. This study aims to examine in depth the role of Immigration in maintaining the sea border, especially through a study of Decision Number 278/PID. SUS/2019/PT PBR and Decision Number 2867 K/PID. SUS/2018. Through a normative-juridical approach, this study highlights the importance of the application of Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration in conjunction with Article 55 paragraph (1) 1 of the Criminal Code in strictly ensnaring perpetrators of human smuggling. The results of the study show that weak surveillance in the waters is the main gap for transnational crime perpetrators to carry out their actions. Therefore, improving monitoring technology, strengthening immigration posts, and synergy between Immigration and other law enforcement officials are the main keys in efforts to counter human smuggling. This study concludes that the active and collaborative role of Immigration agencies is indispensable in maintaining the security of Indonesia's maritime borders, in order to support national integrity and human rights protection.

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References

Abdullah Sjahriful, Introducing Immigration Law (Jakarta: Ghalia Indonesia, 1993), pp. 1–2.

National Border Management Agency of the Republic of Indonesia, Grand Design for the Management of State Boundaries and Border Areas in 2011–2025 (Jakarta: BNPP, 2011), pp. 1–5.

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Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration, Part Four concerning the Handling of Victims of Trafficking in Persons and Human Smuggling. This Law does contain provisions regarding the handling of victims of trafficking in persons and human smuggling.

Pekanbaru High Court, Decision Number 278/PID. SUS/2019/PT PBR, regarding the crime of human smuggling as charged under Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration in conjunction with Article 55 paragraph (1) 1 of the Criminal Code.

Supreme Court of the Republic of Indonesia, Decision Number 2867 K/PID. SUS/2018, regarding the crime of human smuggling based on Article 120 paragraph (1) of Law Number 6 of 2011 concerning Immigration

Published

2026-10-29

How to Cite

Wicaksono, H. B. (2026). THE ROLE OF IMMIGRATION IN GUARDING SEA BORDERS IN THE TERRITORY OF THE REPUBLIC OF INDONESIA. JILPR Journal Indonesia Law and Policy Review, 7(1). Retrieved from https://ejournal.aissrd.org/index.php/jirpl/article/view/786