Upaya Penanggulangan Tindak Pidana Penyelundupan Manusia Melalui Perkawinan Campuran di Kantor Imigrasi Kelas 1 Tempat Pemeriksaan Imigrasi Bandung

Abstract

This study analyzes the crime of human smuggling under the guise of mixed marriage between the Defendant Shao Dongdong and the witness Erlin Martiningsih. The thing that became the basis for taking this theme was related to problems that arise due to the immigration status attached to foreigners who later married Indonesian citizens who underwent changes. As for the formulation of the problem in this research, among others (1) How does the regulation of Law Number 6 of 2011 concerning Immigration regulate people smuggling,, (2) How are the efforts to overcome the crime of people smuggling through mixed marriages at the Class I Immigration Office TPI Bandung and (3 ) How is the judge's legal consideration for people smuggling with mixed marriages based on decision number 146Pid.sus/2020/PTBDG. This research method is a qualitative research using a statute approachwhich is a research that prioritizes legal materials in the form of legislation as a basic reference material in conducting research, a conceptual approach, and a case approachan approach in normative legal research that Researchers try to build legal arguments in the perspective of concrete cases that occur in the field. The results of this study indicate that efforts to combat people smuggling with mixed marriage schemes have not been able to provide a strong deterrent effect. This is because the regulations used are still in the form of rules regarding people smuggling in general, Overcoming the crime of human smuggling through mixed marriages is carried out in a preventive and repressive manner, The judge's legal consideration for people smuggling with mixed marriages based on Decision Number 146Pid.sus/2020/PTBDG is Law No. 6 of 2011 article 120 to provide a deterrent effect to residents foreigners who commit crimes against people smuggling.