Aspek Hukum Pidana Warga Negara Asing ke Negara Kesatuan Republik Indonesia Tanpa Melalui Pemeriksaan Pejabat Imigrasi (Studi Putusan No: 1474/Pid.Sus/2016/PN.Mdn)

Abstract

Immigration related to crime and offenses, and have legal consequences with the imposition of legal sanctions, are better known as immigration crimes. Immigration crime is a form of legal act characterized by the arrival or presence of foreigners in the territory of the Republic of Indonesia and the discharge of Indonesian citizens to the territory of other countries by using or not having immigration travel documents. The problems discussed in the writing of this thesis is how the legal arrangement of foreigners to Indonesia without going through the examination of immigration officials and how law enforcement against foreigners to Indonesia without going through the examination of immigration officials. Methods of data collection is by Library Research (Library Research): In this library research writers do by studying books, scientific articles, magazines and materials that are theoretical that can serve as the basis or foundation of thought in the manufacture of thesis this. Field Research (Field Research): Through this method, the authors will conduct field research to obtain data by conducting direct research to the Medan District Court, and in this case the author will examine the case in accordance with the proposed title. The results of this study of legal arrangements concerning the effect of criminal law of foreign nationals to Indonesia without going through the examination of immigration officials are set forth in the basic provisions of the arrangements in Article 8 and Article 9 of the Immigration Law. 6 Year 2011 and also on Article 3, Article 20 and Article 21 of Government Regulation No. 31 of 2013 on the Implementation of Law Number 6 Year 2011 on Immigration and Regulation of the Minister of Justice and Human Rights of the Republic of Indonesia Number 8 Year 2014 concerning Passport Ordinary And Travel Letters Like Passports. Law enforcement against criminal acts of foreign nationals to Indonesia without going through immigration officer's examination then to the perpetrator may be subject to administrative sanction and criminal sanction that is at Decision No. 1474 / Pid.Sus / 2016 / PN.Mdn, the perpetrators who entered the territory of Indonesia without going through the examination of immigration officials have violated Article 113 of Law no. 6 of 2011 on immigration and sentenced to imprisonment for six months. Immigration policy efforts to regulate the traffic of people in the border region are carried out properly and correctly through a management of border areas.