DETENSI DALAM SISTEM PENEGAKAN HUKUM KEIMIGRASIAN: TITIK KETEGANGAN DAN UPAYA MENYEIMBANGKAN KEAMANAN NEGARA DENGAN PRINSIP HAK ASASI MANUSIA

Abstract

Abstract

Immigration detention is an important instrument in Indonesia's immigration law enforcement, yet its implementation frequently generates tension between the state's law-enforcement interests and its obligation to respect human rights, particularly for vulnerable groups such as women, children, asylum seekers, and refugees. This article examines the forms this tension takes and the measures available to achieve a just balance between state security and human rights principles in Indonesia's immigration detention policy. The study applies a normative-legal approach, examining Law Number 6 of 2011 on Immigration, Indonesian detention case studies, and relevant national academic literature, compared against selected international human rights standards. The findings show that tension arises at three levels, normative, institutional, and operational, reflected in various detention case studies at Immigration Detention Houses (Rudenim). In response, this article formulates several measures, including affirming detention as an ultimum remedium, legislative reform, strengthening Rudenim capacity, establishing independent oversight, and adopting a Human Security paradigm in Indonesia's immigration policy.