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Immigration Supervision Model for Detainees Living Outside Immigration Detention Centers: Case Study of Detainees for More Than Ten Years in Indonesia

Tony Mirwanto, M. Alvi Syahrin, Koesmoyo Ponco Aji, Anindito Rizki Wiraputra, Devina Yuka Utami, Tantyo Arie Yudhana

Polytechnic of Immigration (Indonesia), Directorate General of Immigration (Indonesia)




Article 85 of Law Number 6 Year 2011 on Immigration stipulates that detention of foreigners can be carried out until the detainee is deported. However, in the event that the deportation cannot be carried out, the detention may be carried out for a maximum period of ten years. The designated Immigration Officer may remove the detainee from the Immigration Detention Centre if the ten-year period is exceeded and allow the detainee to stay outside of the Immigration Detention Centre by stipulating the obligation to report periodically. To date, there are eight detainees who have been placed outside the Jakarta Immigration Detention Centre due to their detention period of more than ten years. Some of them have even worked and married Indonesian citizens. This social fact needs to be seriously examined, as it has the potential to cause social patololgy in the community. The formulation of the problems to be discussed in this research are as follows (1) How is the supervision of detainees who are more than ten years outside the Jakarta Immigration Detention Centre? (2) What is the effective form of field supervision for detainees who are more than ten years outside the Jakarta Immigration Detention Centre? The research method used in this research is normative-empirical legal research which is analysed with the Theory of Law Enforcement Effectiveness and Legal Certainty. Based on the results of the research, it can be concluded that the supervision of detainees who are more than ten years outside the Immigration Detention Centre has not been implemented optimally. The implementation of field supervision of detainees has not been carried out due to the absence of rules or mechanisms related to field supervision of detainees who are more than ten years outside the Jakarta Immigration Detention Centre. In fact, the supervision carried out so far has only been carried out administratively and the field supervision, especially for officers, has not been carried out thoroughly for the detainees. In this case, the importance of field supervision is to see that the reported report is in accordance with what they reported, starting from the change of address, status to activities carried out and to control the condition of detainees who are outside living with the general public. This supervision needs to be done in order to avoid any violation of the law by the detainees in social life with the surrounding community.


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