Understanding The Concept Of Nationalism : Using Comparative Law For A Better Indonesian Immigration System In Handling The Illegal Immigrant

Widodo, Wahyu and Budoyo, Sapto and maryanto, maryanto (2017) Understanding The Concept Of Nationalism : Using Comparative Law For A Better Indonesian Immigration System In Handling The Illegal Immigrant. International Journal of Humanities and Social Sciences, 7 (1). pp. 23-33. ISSN 2250-3226

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Abstract

Illegal immigrant has become a major problem in many countries. On closer look, It is actually ties to the concept of nationalism. Indonesia even though still lacking in gross domestic product but because of its potential natural resources the risk of illegal immigrant In Indonesia may as well be calculated. The main problem is why Indonesia become the Target of Illegal Immigration and How to deal with the illegal immigration phenomena analyzed using the paradigm of constructivism with the method of qualitative research and Grounded theory study approach, which is based on primary data in the form using comparative law and secondary data of relevant literature and tertiary data of bibliography processed using data triangulation for a better results. The result showed that the concept of nationalism is a neccessity in need to be understandable deeply as it is actually acts as a natural defense against illegal immigrant because nationalism itself are usually limited to one ethnic, cultural, religious, or identity group, or that multinationality in a single state should necessarily comprise the right to express and exercise national identity even by minorities. The factor that drives the people to do immigration is internal and external factor. The internal factor such as the nation’s wealthy land and resources is the factor that drives them to com to the country and the external factor or push factor are the factor that drives the immigrant out from their countries such as seen in the rohingya ethnic cases and the suggestion that can be given is that to get a better immigration law in handling the illegal immigrant Indonesia must either ratify the 1951 International Convention and the 1967 Protocol on the Status of Refugees, or presidential decree for the law No. 37 of 1999 on Foreign Relations so that the government can immediately identify whether or not one is a illegal immigrant or a refugees or asylum seeker. Keywords : Nationalism, Comparative Law, Immigrant, Indonesia

Item Type: Article
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Hukum
Depositing User: Unnamed user with email bptik@upgris.ac.id
Date Deposited: 29 Nov 2017 03:31
Last Modified: 08 Jan 2018 05:13
URI: http://eprints.upgris.ac.id/id/eprint/163

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