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Legal Analysis of the Deportation Process for Final Rejected Persons: Dialectics of International Refugee Law and Indonesian Immigration Law

Sohirin Sohirin, M. Alvi Syahrin, Koesmoyo Ponco Aji, Tony Mirwanto, Anindito Rizki Wiraputra, Radiyta Putra Manda

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

Final Rejected Person (FRP) is a foreigner whose refugee status application is rejected. FRPs are asylum seekers whose refugee status applications are case closed by UNHCR and cannot appeal. Basically, when there is a final rejection of an asylum claim, the subject to FRP has the obligation to leave the territory of the country. But in reality, many problems arise in the implementation of FRP deportations. In the context of carrying out deportations to FRP, many countries also experience difficulties in handling them. The purpose of this study is to determine immigration law enforcement in deportation to FRP by the Jakarta Immigration Detention Center, as well as obstacles in the implementation of immigration law enforcement. The method to be used is normative-empirical. The results of this study explain that law enforcement in the form of deportation of FRP by the Jakarta Immigration Detention Center has not been in accordance with the theory of sovereignty because it is limited by human rights and technical obstacles in forced deportation of foreigners from Indonesian territory. The obstacle to deportation of FRP by the Jakarta Immigration Detention Center is because FRP has no desire to return to the country of origin, making it difficult to carry out deportation. In this study, the author suggests that communication between agencies in handling FRP be improved so that coordination and deportation of FRP can be better in the future. Then it is necessary to develop persuasive methods in handling FRPs, both methods developed with other organizations, as well as other possible methods for the return of FRP to its country of origin. The return of FRP to the country of origin is carried out by involving other parties so that they can return to the country of origin.



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