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Research Paper | Law | Indonesia | Volume 9 Issue 8, August 2020

Application of Immigration Law on Foreign Persons of UNHCR Card Holders Criminal Action (Case Study of Tangerang Immigration Office)

Bambang Tri Yudono | Erni Agustina ^[11]

Abstract: The flow of global population migration from the country of origin to other countries, has caused various problems, one of which is about refugees (refugee issues). One cannot get refugee status only based on recognition. Then a mechanism was made to determine the eligibility of a person to accept refugee status. In Indonesia this process is carried out by UNHCR as an institution which is an international mandate to protect cross-border refugees and asylum seekers. This research was conducted to find out 1) How to Refugee Handling Procedures in Indonesia in the Immigration Law Perspective; 2) What is the Efforts to Enforce Immigration Laws Against Foreign Refugee Card Holders (UNHCR) Actors in Criminal Acts in Indonesia To Prevent Increased Criminal Rates By Foreigners. This research method uses a normative juridical approach namely research aimed at policy issues in establishing and formulating the Criminal Acts of UNHCR Card Holders and the application of sanctions. The results of this study can be explained that 1) Article 3 of the Regulation of the Director General of Immigration Number IMI-0352. GR.02.07 of 2016 concerning the Handling of Illegal Immigrants Who Declare as Asylum Seekers or Refugees states that foreigners who have obtained refugee status from UNHCR in Indonesia his residence permit cannot be disputed while in Indonesia as long as it does not violate laws and regulations. In the event of violations or criminal acts related to a person's status as a refugee, the immigration authority has the authority to conduct Oversight and Investigation; and 2) Foreigners who violate the law in Indonesian territory and receive punishment according to court decisions. After undergoing a criminal sentence process a foreigner may be subject to administrative immigration measures in the form of deportation from Indonesian territory. But the implementation of administrative immigration sanctions against Rafael Nadal encountered obstacles because he was a refugee card holder. As a subject of refugee card holders that has been determined by UNHCR, Rafael Nadal is internationally protected. As based on applicable regulations, foreigners holding a UNHCR card are required to comply with the laws and regulations in force in Indonesia.

Keywords: Refugees, Immigration Law, Refugee Card Holders

Edition: Volume 9 Issue 8, August 2020,

Pages: 1342 - 1351

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