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 113-136

UNTOC Articles

  • Organized Crime Convention

  • Trafficking in Persons Protocol

  • Any Article
  • Smuggling of Migrants Protocol

  • Any Article
  • Firearms Protocol

    Original Text

    Article 113
    Any person who knowingly enters or exit the Indonesian Territory without passing through an examination by the Immigration Officer at Immigration Checkpoint Venue as contemplated in Article 9 paragraph (1) shall be punished with imprisonment for a maximum of 1 (one) year and/or fine sentence at the maximum of Rp100,000,000,00 (one hundred million Rupiah).

    Article 114
    (1) Person in Charge of Transport Tool that enters or exits the Indonesian Territory with his/her transport tool without passing through the Immigration Checkpoint Venue as contemplated in Article 17 paragraph (1) shall be punished with imprisonment for a maximum of 1 (one) year and/or fine sentence at the maximum of Rp100,000,000,00
    (one hundred million Rupiah).

    (2) Person in Charge of Transport Tool that intentionally disembark or embark the passenger without passing through an examination of the Immigration Officer or landing examining personnel at the Immigration Checkpoint Venue as contemplated in Article 17 paragraph (2) shall be punished with imprisonment for a maximum of 2 (two) years and/or
    fine sentence at the maximum of Rp200,000,000,00 (two hundred million Rupiah).

    ...

    Article 120
    (1) Every Foreigner who conducts act aiming to seek advantage, either direct or indirect, for him/herself taking someone or a group of people, either organized or non-organized, or order other people to take someone or a group of people either organized or non-organized without having legal right to enter or exit the Indonesian Territory and/or enter other country without having legal right to enter the Indonesian Territory, either
    using legal document or false document, or without using the Travel Document, either through an immigration check or not, shall be punished for the reason of Human Smuggling with imprisonment for a minimum of 5 (five) years and for a maximum
    of 15 (fifteen) years and fine sentence at the minimum of Rp500,000,000.00 (five hundred million Rupiah) and for a maximum of Rpl,500,000,000.00 (one billion five hundred million Rupiah).

    (2) Attempt to perpetrate the criminal act of Human Smuggling shall be punished with a similar criminal sentence as contemplated in paragraph (1).

    ....

    Article 124
    Every person who intentionally hides or protect or provides housing or livelihood or provide employment opportunity to Foreigner known or reasonable presumed:
    a. Illegal stay in the Indonesian Territory shall be punished with imprisonment for a maximum of 2 (two) years and/or fine sentence at the maximum of Rp200,000,000.00 (two hundred million Rupiah);
    b. His/her valid Stay Permit expires shall be punished with imprisonment for a maximum of 3 (three) months or fine sentence at the maximum of Rp25,000,000.00 (twenty five million Rupiah).

    ...

    Article 136
    (1) In case of the criminal act as contemplated in Article 114, Article 116, Article 117, Article 118, Article 120, Article 124, Article 128, and Article 129 conducted by any Corporation, any criminal sentence shall be punished to the management and
    its corporation.

    (2) Imposition of criminal sentence to the Corporation is only with fine penalty provided that such fine penalty shall be 3 (three) folds from each fine penalty as contemplated in paragraph (1).

    (3) Criminal provision as contemplated in Article 113, Article 119, Article 121 letter b, Article 123 letter b, and Article 126 letter a and letter b shall not be applied to the victims of human trafficking and Human Smuggling.

     
     

    Cross Cutting

    • Liability of Legal Persons

      • • Criminal
     

    Comment

    Please refer to the attachment above for the full original English text of Indonesia's Law Number 6 Year 2011 Concerning Immigration.

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