Law Enforcement of Deportation By Medan Immigration Detention Center Against Foreigners Who Commit Immigration Crimes in North Sumatera

Abstract

A country has the right to carry out deportation actions against foreign nationals who are in its territory. However, even though the act of deportation is law enforcement which is a forced action, in practice it cannot violate humanitarian values and human rights. Article 133 of Law Number 6 of 2011 concerning Immigration explains that every person who deliberately enters and exits areas of Indonesia that do not undergo inspection by Immigration Officials at Immigration Checkpoints can be punished with imprisonment for a maximum of 1 (one) year and/or a fine of a maximum of 100,000,000 (one hundred million rupiah). In this journal using qualitative analysis to analyze data obtained from legal materials based on laws and regulations, or the researcher's own opinion. This type of research is normative legal research. This research is a legal application research, which attempts to analyze the application of immigration rules, namely regarding the Enforcement of Deportation Law by the Immigration Detention Center of Medan Against Foreigners Who Commit Immigration Crimes in North Sumatra.  In Indonesia, several reasons that can cause a foreign citizen to be deported include: being listed on a deportation list, not having valid travel documents, having fake immigration documents, not having a visa (except those exempted from visa requirements), providing false information when applying for a visa, suffering from a contagious disease that endangers public health, being involved in international crimes and transnational organized crime, being on a wanted list for arrest by a foreign country, being involved in treason against the Government of the Republic of Indonesia and being involved in a prostitution network, human trafficking, and human smuggling. Deportation is a forced action to remove a foreigner from the territory of Indonesia related to legal issues, so it is necessary to implement immigration prevention and deterrence measures. Prevention and deterrence are special authorities regulated in immigration law, aiming to prevent anyone from leaving the territory of Indonesia and preventing anyone from entering the territory of Indonesia, deportation is also one of the Immigration Administrative Actions that can be taken by Immigration Officers against foreigners outside the judicial process.