Human Smuggling In Immigration Perspective Associated With The Theory Of State Sovereignty

Abstract

Human smuggling is one of the transnational crimes that threatens all countries in the world. Indonesia as a maritime country is often used to smuggle people because of its geographical location and the character of its people. This study discusses in detail the people smuggling that occurs in Indonesia which is then analyzed from an immigration perspective and is linked to the theory of state sovereignty. The type of research used is a qualitative normative legal research. The results showed that people smuggling that occurred in Indonesia began with the emergence of the Kunjuangan Visa Free Policy and changes in the requirements of foreign workers. Illegal immigrants in Indonesia are dominated by Chinese citizens. The handling carried out by the Indonesian government is through the judicial process and immigration actions. In the theory of state sovereignty, people smuggling is regulated in Law No. 6 of 2011 concerning Immigration. The embodiment of state sovereignty can also be explained through the theory of selective immigration policy, namely as a fundamental principle that is widely applied to all countries in the world. The problem of state sovereignty as well as the existence of asylum seekers and refugees in Indonesia cannot be separated from the intervention of international institutions that use human rights as a justification.