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Missing travel ban from law revision raises concern
The newly passed Immigration Law revision has removed a travel ban provision that was ruled unconstitutional for restricting freedom of movement, particularly for persons of interest who had not been declared formal suspects of an open investigation, but some observers say this could make it easier for potential suspects to evade the law.
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Stock illustration of an Indonesian passport (Shutterstock/Andie Nurhadiyanto)
W
hile some observers have hailed the recently passed Immigration Law revision as a move that protects human rights, others have raised a concern it could help potential suspects evade legal processes.
Lawmakers passed the revised 2011 Immigration Law during a House of Representatives plenary session on Thursday, following a rushed deliberation between the government and the House Legislation Body (Baleg) that began and concluded on Sept. 11.
Both parties agreed to all revisions, including a provision that restricts travel for persons of interest in the preliminary stage of a legal investigation.
A preliminary investigation involves gathering information and evidence to determine whether a crime has been committed, and only progresses to naming a suspect and opening a formal investigation after sufficient evidence has been gathered.
The previous version of the Immigration Law allowed law enforcement to ban persons of interest from traveling during a preliminary investigation.
The revised law removes this provision, citing a 2011 Constitutional Court ruling that declared it unconstitutional, as it restricted the freedom of movement of individuals that had not been named suspects of a formal investigation.
“The 2011 court ruling had not been addressed through [prior] revisions to the law. Therefore, an ongoing problem persisted in the immigration sector,” Law and Human Rights Minister Supratman Andi Agtas said in addressing the plenary session on Thursday.
