This paper aims to examine problems regarding the possible abuse by refugees inconsistent with Indonesia’s laws and regulations. In the context, the government can make efforts to deal with refugees who enter Indonesia illegally and the government can formulate new laws and regulations that can discuss problems caused by refugee actions in more detail, clearly and in detail, starting from the arrest process to the sanctions process that is obtained. Because until now Indonesia has not had this policy. Those refugees' status then serves the purpose to get a decent living in a recipient country such as Australia. Misuse of visas is widely used by refugees because Indonesia implements a visa-free system of visits to 169 countries in the world. Visa-Free Visit Policy based on President Regulation Number 125 of 2016 concerning Visa-Free Visit. In this regard, the country needs to anticipate the increasing number of visa misuse for refugees entry to Indonesian territory by sending them to immigration detention centers as a form of sanctions imposed before returning to their country and making deportation the last step in resolving the visa misuse problem committed by refugees. KEYWORDS: misuse of visa in Indonesia, immigration detention, refugee deportation.
The debate of the decrees of President Soekarno and President Abdurrahman Wahid regarding the constitutional and unconstitutional presidential decree in emergency constitutional law continues to be a controversy that does not end until now because it is still being discussed related to the situation. This paper discusses 2 (two) phenomenal decrees related to constitutional or unconstitutional in terms of emergency constitutional law. By using normative juridical research methods. The approaches used are the statutory approach, the conceptual approach, and the historical approach. This paper discusses 3 (three) main findings, among others: First, the Presidential Decree is de facto and de jure motivated by no recognition of political action or legal action; Second, the decree is formally regulated in Article 12 and Article 22 of the Constitution of the Republic of Indonesia because in the 1945 Constitution it is regulated that if the country is in a state of danger, the president can make decisions in accordance with the authority regulated by laws and regulations; and Third, The decree can be said to be unconstitutional because it is not in accordance with the Indonesian constitution. The decree is not regulated by Indonesian legislation so that formation is considered unconstitutional because it cannot be based on law. However, in the emergency constitutional law, this situation becomes normal because the emergency constitutional law does not use legislation as usual when the country is in normal condition.
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