Ikaningtyas, S.H., LL.M.
Faculty of Law, University of Brawijaya
ninktyas@yahoo.com
Abstract
The movement of people or known as migration is a consequences of the human instinctive that will always looking for proper life. There are several factors why people migrate, such as : economic reasons, to avoid war, to avoid natural disasters and etc. increased of foreigners entry number in a country could have both positive and negative impacts. It grows investment, trades activities led to increased revenue of the country. The negative impacts of that is the emergence of transnational Organized Crime (TOC). People smuggling (one form of TOC) is still remains as serious problem in Indonesia that located in strategic area (between two oceans and two continents) as shortcut of international navigation. Indonesia as a sovereign state has jurisdiction in dealing with people smuggling, especially if the crime threatens the security of Indonesia’s territory. But, Indonesia’s Jurisdiction over its crime is very limited. Indonesia only applies international customary law based on the principle of non-refoulement and protection of Human Rights, although Indonesia had been ratified Protocol Against the Smuggling of Migrants by Land, Sea, and Air through Law No.15 year 2009. As a state party of this Protocol, Indonesia shall cooperate to prevent and eradicate people smuggling, each state party to this protocol obliged to share information, build networking in strengthening surveillance in border areas, maintain security, comprehensive and integrated treatments for the victims.