Sistem Hukum - Penindakan Keimigrasian Amerika Serikat

Introduction

In this tutorial, we will delve into the intricacies of the immigration enforcement system in the United States, as discussed in the video by Tony Mirwanto. We will explore how this system operates within the context of the year 2025, comparing it to Indonesia's immigration system. By understanding the differences in philosophy, structure, legal substance, and legal culture, readers will gain insights into the complexities of immigration law and enforcement.

Step 1: Understand the Overview of the US Immigration Enforcement System

• The US immigration enforcement system is managed by the Department of Homeland Security (DHS).
• Key agencies involved include:
  • ICE (Immigration and Customs Enforcement): Responsible for enforcing immigration laws.
  • CBP (Customs and Border Protection): Manages border security and customs.
  • USCIS (United States Citizenship and Immigration Services): Handles immigration processing and applications.
• The system processes millions of cases annually, reflecting its complexity and scale.

Step 2: Compare the US System with Indonesia's Immigration System

• The US system is fragmented and security-oriented, while Indonesia’s is more centralized.
• Key differences include:
  • The US employs an "enforcement-first" approach.
  • Indonesia uses a "selective policy" that focuses on specific immigration needs rather than broad enforcement.

Step 3: Explore the Philosophical Foundations of Immigration Enforcement

• The US system prioritizes enforcement, leading to stricter penalties and procedures.
• Indonesia’s approach is more lenient, emphasizing policy selection based on humanitarian needs.
• Understanding these philosophies is crucial for grasping how each country shapes its immigration laws.

Step 4: Examine the Legal Structure of Immigration Systems

• The US operates under a federal legal structure, meaning laws can vary significantly by state.
• In contrast, Indonesia has a centralized system, resulting in uniformity across its immigration laws.
• This structural difference affects how laws are implemented and enforced in each country.

Step 5: Analyze the Legal Substance of Immigration Laws

• In the US, immigration violations can lead to severe criminal penalties.
• Indonesia tends to focus on administrative penalties, making the process less punitive.
• Familiarizing yourself with these legal distinctions can help in understanding the implications for immigrants.

Step 6: Assess the Legal Culture Surrounding Immigration

• The US exhibits a polarized legal culture regarding immigration, often leading to public debate and division.
• Indonesia’s legal culture is more collective, emphasizing community and shared interests in immigration matters.
• Recognizing these cultural nuances can provide context for the enforcement practices in each country.

Conclusion

The immigration enforcement systems of the United States and Indonesia showcase significant differences in philosophy, structure, legal substance, and culture. By understanding these elements, individuals can better navigate the complexities of immigration law. For further exploration, consider researching specific cases or policies that highlight these differences in action.