Analisis Penerapan Sanksi Hukum Terhadap Orang Asing Yang Melakukan Pemalsuan Dokumen (Studi di Kantor Imigrasi Kelas I Khusus Medan)

Abstract

Foreigners who came to Indonesia in particular areas of the city of Medan in nature has a purpose as well as different interests, in addition to travel, visit family and work as well as some for the benefit of the state, the purpose of the arrival of a stranger is beneficial for the Indonesian government. But there are also foreigners who intend to come to Indonesia with a specific purpose that can harm the country as immigration document fraud measures with the aim of crimes ranging from human trafficking to narcotic crime and so on. Formulation of the problem in this study is the first, review the provisions of the law against the perpetrators of the forgery of documents to foreigners. Second, it examines legal considerations in the application of legal sanctions against foreigners who commit forgery of documents at the Office of Immigration Class I Special Medan and examines the obstacles in the implementation of the law against the perpetrators of the forgery of documents to aliens in the Immigration Office class I Special Medan. The type of research in this thesis is the normative legal research supported by empirical juridical method. As for the data collecting tool was carried out by means of field studies and library studies in methods of interviews to Investigator civil servant in the Immigration Office class I Special Medan and analysis of qualitative data. Falsification of documents is a criminal offense according to the Criminal Code Article 263 to Article 276. Then set out in Article 119 paragraph (2), Article 121, Pasal123, Article 126 and Article 127 of Law No. 6 of 2011 immigration officials are given the authority to carry out the deportation of the foreigners who do not obey the laws. As consideration needs to be seen in the political, economic and socio-cultural and security. When the perceived harm one aspect above then the case will be forwarded to the (pro justicia). The internal barriers are lack of civil servant investigators (investigators) and the difficulty of identity disclosure. External barriers are actors do not have the cost to be repatriated to their country of origin or to a third country and the lack of community participation in providing information to investigators to uncover acts of falsification of documents. It needs to make a firm rule about the limitations on the crime of immigration, which should be subjected to administrative action that proceed to immigration and pro justicia process. Need to build an integrated and synchronized system for on-line demographic data among government agencies, especially the Office of Immigration, Department of Civil and Religious Affairs Office. Improved process control spending RI stricter passport at the Immigration Office. Further necessary to build an integrated system between Checkpoint Immigration and Immigration Office on line that can detect foreigners make the effort for a passport of the Republic of Indonesia.