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  • Immigration Policy Information that applies during the Covid-19 pandemic here

UU Keimigrasian – Bab 10

Immigration Law

Investigation of any Immigration criminal act is conducted under the code of criminal procedure.

PPNS of Immigration is given the authority as an investigator of Immigration criminal acts in accordance with the provisions of this law.

PPNS of Immigration has the authority to:

  1. receive reports on Immigration criminal acts;
  2. seek any information and admissible evidence;
  3. take initial actions on a crime scene;
  4. prohibit any person from leaving or entering the crime scene for the purpose of investigation;
  5. summon, examine, search, arrest, or detain a person suspected of committing any Immigration criminal acts.
  6. withhold, examine, and confiscate any Travel Documents;
  7. order an alleged or suspected person to stop to check his or her identity;
  8. examine or confiscate letters, documents, or objects related to any Immigration criminal acts;
  9. summon a person to be questioned and obtain information from him/her as a suspect or witness;
  10. invite relevant experts for case examination;
  11. conduct an examination in certain locations presumed to contain letters, documents, or other objects related to any Immigration criminal acts;
  12. take the suspect’s photograph and collect fingerprints;
  13. request any information from the public or any reliable sources;
  14. cease the investigation; and/or
  15. take other actions according to law.
  1. In conducting an investigation, PPNS of Immigration may establish coordination with an investigator of the Indonesian National Police.
  2. Upon completion of the investigation, the PPNS of Immigration submits the case files to a public prosecutor.

Admissible evidence in the examination of Immigration criminal acts consists of:

  1. admissible evidence as referred to in the code of criminal procedure;
  2. other admissible evidence in the form of information which are spoken, delivered, and received or stored electronically or in any similar manner; and
  3. written statement by an authorized Immigration Officer.

Suspects and defendants who commit the Immigration criminal acts as referred to in Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 126, Article 127, Article 128, Article 129, Article 131, Article 132, Article 133 point b, Article 134 point b, and Article 135 may be subject to detention.

  1. To the immigration criminal acts as referred to in Article 116 and Article 117, brief minutes of examination as referred to in the criminal procedure code are conducted.
  2. PPNS of Immigration hands over the suspect and any admissible evidence to the public prosecutor along with records of the Immigration criminal acts alleged to have been committed by the suspect.

PPNS of Immigration may cooperate with national and other international law enforcement agencies in the preliminary investigation and the investigation of Immigration criminal acts in accordance with legislation or based on international agreement ratified by the Government of the Republic of Indonesia.

Further provisions regarding requirements, procedures for the appointment of PPNS of Immigration, and investigations administrative procedures are regulated by Government Regulation.