DEPORTASI WARGA NEGARA MALAYSIA OLEH IMIGRASI KABUPATEN AGAM DITINJAU DARI HUKUM INTERNASIONAL

Abstract

ABSTRACT

Deportation is regulated in Article 78 paragraph (3) of Law Number 6 of 2011 concerning Immigration. In International Law, rules regarding deportation that exceed the time limit for a residence permit are contained in Article 13 of the UNCCPR The United Nations Covenant on Civil and Political Rights. On March 15, 2019, an immigration violation case was detected, namely the deportation of Malaysian citizens by the Immigration Class II Immigration Office for Agam Examination because it was past the period of residence permit in Indonesia. Problem formulation: (1) What is the process of deportation of Malaysian Citizens by Immigration Class II Non-Immigration Checkpoints (TPI)?, (2) What are the obstacles faced by Agam Class II Non Immigration Checkpoints (TPI) against Malaysian Citizens?. In this study the authors used a type of sociological legal research. Data sources used are primary data and secondary data. Data collection techniques carried out by interview and document study, the data were analyzed qualitatively. Conclusions of the results of the study: (1) Malaysian citizens have gone through the process of implementing deportation procedures from entering Indonesia to deportation in accordance with the Law, but the Immigration Service has implemented a policy of accelerating the deportation process due to insufficient budget. (2) There are many obstacles in the implementation of the process of deportation of Malaysian citizens, namely in the form of not having a valid passport, the embassy does not recognize his citizenship because the foreign national is found by the immigration to falsify passports and documents, economic factors, limited dual citizenship factors, limited information obtained, and many Malaysians provide information that is poorly understood.

Keyword: Deportation, Malaysian Citizens, Imigration, International Law.