| Summary: | 碩士 === 中央警察大學 === 外事警察研究所 === 98 === Immigration detention is an administrative detention that primarily a non-punitive (not a sanction or punishment) that aimed guaranteeing the implementation of another measure like deportation or expulsion of foreign national that by law of a state required leaving its country. Immigration detainee is not accused or convicted criminal, they are immigrant in irregular situations and an asylum seeker. International law and international human rights standards urged States in running immigration detention there should be differentiation in the places of administrative detention and ordinary prison. It is important for States to ensure the procedural safeguards and to bind minimum standard for the condition of immigration detention in order to protect the human rights or immigration detainee and to avoid violation of human rights.
In Indonesia, immigration detention is a part of immigration actions. As in rules, immigration detention has function to hold foreign nationals who is subject to immigration action, including deportation order. Most of the rights of immigration detainee (procedural safeguards) are not codified (or not set up) in immigration act, but only established in the regulation of Director General of Immigration. It is recommended for immigration detention system in Indonesia to review the regulation and laws regarding immigration detention, specially the rights of the detainee, and to bind the minimum standards for the condition of immigration detention. However, Indonesia is a state party of United Nation human right instrument, therefore the condition of immigration detention in Indonesia should comply with its international human rights obligations.
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