PART 2 of 3 - Penindakan Keimigrasian Aspek FIlosofis dan Teoritis

Introduction

This tutorial explores the philosophical and theoretical aspects of immigration enforcement based on the video "PART 2 of 3 - Penindakan Keimigrasian Aspek Filosofis dan Teoritis." It aims to clarify the legal foundation for deportation, the state's sovereignty, and the principles governing immigration actions. This guide is particularly useful for law students, immigration practitioners, and anyone interested in constitutional law and human rights.

Step 1: Understand State Sovereignty

• State sovereignty is the fundamental authority underpinning all immigration powers.
• Recognize that countries have the right to control their borders and set regulations regarding who can enter, stay, and exit.
• This principle is vital for maintaining national security and public order.

Step 2: Differentiate Between Administrative and Criminal Immigration Actions

• Immigration enforcement can take two forms:
  1. Administrative Actions: Typically involve processes like visa denials and deportation orders based on regulatory violations.
  2. Criminal Actions: Involves prosecution for illegal entry or overstaying visas, which may lead to fines or imprisonment.
• Understanding these differences helps in navigating the legal landscape of immigration law.

Step 3: Recognize the 'Brake' on Power

• The General Principles of Good Governance (AUPB) serve as a check on immigration authority, preventing arbitrary actions.
• These principles ensure that immigration enforcement is conducted fairly and transparently, protecting individuals' rights.
• Familiarize yourself with these principles to safeguard against potential abuses of power.

Step 4: The Right to be Heard

• Everyone has the right to a fair hearing in immigration proceedings, a universal principle in legal systems.
• This right ensures that individuals can present their case before any adverse actions, such as deportation, are taken.
• Ensure that due process is followed in any immigration-related decisions to protect individual rights.

Conclusion

Understanding the philosophical and theoretical foundations of immigration enforcement is crucial for navigating this complex field. Key takeaways include the significance of state sovereignty, the distinction between administrative and criminal actions, the importance of good governance principles, and the right to due process. For further exploration, consider diving into case studies that illustrate these concepts in action or studying specific legal frameworks governing immigration in various countries.