Smuggling of migrants
  • Offences

    • • Enabling illegal entry
      • Producing a fraudulent travel or identity document in connection with migrant smuggling
      • Procuring, providing or possessing a fraudulent travel or identity document in connection with migrant smuggling
      • Enabling illegal stay
      • Financial or other material benefit (to smuggler)
Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)

Indonesia

Law Number 6 Year 2011 Concerning Immigration

 Article 86-90

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

    Original Text

    Article 86
    This provision of Immigration Administrative Action shall not be applied to human  trafficking and human smuggling victims.

    Article 87
    (1) Human trafficking and human smuggling victims that are in the Indonesian Territory shall be put into Immigration Detention House or other specified place.

    (2) Human trafficking and human smuggling victims as contemplated in paragraph (1) shall be special treated differently with Detainee in general.

    Article 88
    The Minister or a designated Immigration Officer shall attempt that human trafficking and human smuggling victims with foreign citizenship are immediately returned to their origin country and given the travel statement if they have no travel statement.

    Article 89
    (1) The Minister or a designated Immigration Officer shall undertaken preventive and repressive efforts in the interest of avoiding occurrence of criminal act to the human trafficking and human smuggling.

    (2) Preventive effort as contemplated in paragraph (1) shall be conducted by way of:
    a. Information exchange with other country and relevant domestic institute includes modus operandi, supervision and Travel Document security, and document legitimation and validity.
    b. Technical and training collaboration with other country includes the treatment of victims based on humanity, security and quality of Travel Document, detection of false document, information exchange, and monitoring and detection of Human Smuggling by conventional and non-conventional ways.
    c. Provides legal counseling to the community that act of human trafficking and human smuggling is
    a crime so that people may not be the victim;
    d. Ensures that the Travel Document or any identity issued is qualified so that such
    document is easily misused, falsified, altered, imitated, or issued in contravention of the
    law; and
    e. Makes sure that Travel Document integrity and security issued or published by or on behalf of State to prevent such document illegally made in case of its issuance and use.

    (3) Repressive efforts as contemplated in paragraph (1) shall be undertaken by:
    a. Investigation of Immigration against the criminal actor of human trafficking and human
    smuggling;
    b. Immigration Administrative Action against the criminal actor of human trafficking and human smuggling; and
    c. Collaboration in investigation with other legal enforcement institutes.

    Article 90
    Further provision concerning Immigration control, Immigration Intelligence, Immigration Detention House and Immigration Detention Room, and handling of human trafficking and human smuggling shall be set forth by the Government Regulation.

     
     

    Cross Cutting

    • Investigation Procedure

      • Law Enforcement Measures and Cooperation

        • • Exchange of information
     
    build 377 2019-05-08T18:02:26.612+02:00