PART 1 of 3 - Penindakan Keimigrasian Aspek FIlosofis dan Teoritis

Introduction

This tutorial explores the foundations of immigration enforcement, focusing on the philosophical and theoretical aspects of why nations can deport foreign nationals. It is designed for law students, immigration practitioners, and anyone interested in constitutional law and human rights. By understanding these concepts, you will gain valuable insights into the legal frameworks governing immigration actions.

Step 1: Understand National Sovereignty

• Definition: National sovereignty is the authority of a state to govern itself and make laws regarding immigration.
• Importance: It serves as the fundamental basis for all immigration powers, including the right to grant or deny entry and the ability to deport individuals.
• Practical Tip: Research the specific immigration laws of your country to see how sovereignty influences its policies.

Step 2: Differentiate Between Administrative and Criminal Enforcement

• Administrative Enforcement: This route involves managing immigration through policies and procedures without criminal charges.
  • Examples include visa denials and deportation notices.
• Criminal Enforcement: This involves prosecuting individuals for violating immigration laws, which can lead to criminal penalties.
• Common Pitfall: Confusing administrative actions with criminal charges can lead to misunderstandings about rights and processes.

Step 3: Recognize the Limits of Power

• Principles of Good Governance: Understanding the "rem" or limits of governmental power is essential. These principles help prevent arbitrary actions by authorities.
• Importance of AUPB: The Asas-Asas Umum Pemerintahan yang Baik (AUPB) safeguards against abuses of power in immigration enforcement.
• Practical Tip: Familiarize yourself with AUPB principles to better understand the legal standards for immigration actions.

Step 4: Acknowledge the Right to be Heard

• Universal Principle: Every individual has the right to a fair hearing before facing deportation or other immigration penalties.
• Legal Framework: This principle ensures that decisions are made transparently and fairly, respecting due process rights.
• Common Pitfall: Not asserting your right to legal representation can result in unfavorable outcomes during immigration proceedings.

Conclusion

Understanding the philosophical and theoretical frameworks behind immigration enforcement is crucial for anyone involved in this field. By grasping concepts like national sovereignty, the distinction between administrative and criminal actions, the limits of government power, and the right to a fair hearing, you can better navigate the complexities of immigration law. As you prepare for practical applications, consider further research into your specific jurisdiction's laws and regulations.