Indonesia is one of the countries that is often a transit point for immigrants who want to seek asylum in other countries. This illegal arrival is certainly very detrimental to Indonesia. This is because the arrival of these refugees is considered a threat to national security and resilience. The trend of the number of refugees that continues to increase every year has caused various problems in handling foreign refugees in Indonesia. Indonesia did not ratify the 1951 Refugee Convention and the 1967 Protocol, but on the basis of human rights. As a transit country, Indonesia is experiencing a build-up of refugee flows due to the uncertain timing of the status granting process from UNHCR and moreover third countries limit the acceptance of refugees. However, Indonesia continues to provide various forms of assistance in dealing with the problems faced by refugees. The government has also issued several regulations including Presidential Decree Number 125 of 2016 and other technical regulations. Indonesia also collaborates with non-governmental institutions, such as academics, humanitarian activists, and faith and charity-based organizations. This collaboration has implications for the existence of asylum seekers and refugees in Indonesia. It is hoped that with this regulation and cooperation, it can provide legal certainty regarding solutions to refugee problems in Indonesia.
The Covid-19 pandemic has significantly changed the pattern of human movement globally. Resistance to this visible enemy has led many countries to close their gates to restrict human passage. The closure of borders, restrictions on the movement of people and goods by many countries seem unable to prevent the massive spread of the coronavirus in the world. On the other hand, closing borders certainly have a domino effect on the country, government and the region. One of the multiple consequences in the immigration sector that is greatly felt by this pandemic is the emergence of the phenomenon of foreigners stranded in a country, as experienced by Indonesia. This case does not only occur to those who travel irregularly but also to those who are regular travellers. It cannot be denied that the problem of stranded foreigners is not just a matter of immigration alone, but is much more complex. This phenomenon certainly has implications for the social and economic problems of a country. A collaborative approach is needed to deal with this phenomenon. This study aims to answer empirically one of the biggest challenges facing immigration agencies in the world during the Covid-19 pandemic regarding the handling of foreigners stranded in Indonesia. The theme chosen was the collaborative efforts needed to ensure freedom of movement and immigration during the Covid-19 pandemic. This will discuss the handling of the Covid-19 Pandemic in Indonesia. The research method used is in the form of descriptive analysis by examining data and information obtained from official government websites and other sources. The results of this study aim to provide an overview, explanation, and validation of the phenomena studied regarding the handling of stranded foreigners and official standard procedures related to the process of returning foreigners to their countries during the Covid-19 pandemic conditions related to human traffic (migration) between countries. It was concluded that collaborative efforts were needed to ensure freedom of movement and immigration during the Covid-19 pandemic in Indonesia, particularly in dealing with the phenomenon of stranded foreigners.
The Covid-19 pandemic that has been going on globally since March 2020 has led to the universal closure of national borders. The exponential spread of the Covid-19 virus has resulted in a new phenomenon in the immigration field: stranded foreigners. To avoid the continued access of these stranded foreigners, Indonesian immigration issued a series of visa regulations. This study aims to analyse the impact of the Covid-19 pandemic on the concept of visa law applicable in Indonesia by existing formal law. This research uses a normative method with a conceptual approach, namely by identifying existing principles or doctrinal views and then generating new ideas. The concepts and theories used in this research are the rules of law concept with an analytical knife in the form of a hierarchy of laws and regulations theory and the theory of sovereignty. The results show that there is a shift in the concept of visa law in Indonesia as a result of the Covid-19 pandemic. In the theoretical study, it is known that this shift in the idea of visa law has ruled out the visa doctrine that has been regulated in Indonesian immigration law. However, the principle of relative sovereignty that respects the principles of international law is the justification for changing the concept of visa law in Indonesia during the Covid-19 pandemic.
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