9. LEGAL RECONSTRUCTION OF ALTERNATIVES TO DETENTION (ATD) INTHE INDONESIAN IMMIGRATION DETENTION SYSTEM: INTERNATIONALAND LOCAL PERSPECTIVES

Abstrak

This study aims to analyze the legal framework of Alternatives to Detention (AtD)
in the international immigration system and compare it with the immigration detention system
in Indonesia. Furthermore, this study also aims to formulate a legal reconstruction model for
AtD that is suitable for application in the Indonesian immigration detention system, taking into
account the juridical, institutional, and socio-cultural aspects. The research method used is
normative-doctrinal legal research, with a legislative, conceptual, comparative, and case-based
approach. Data were collected through documentation studies, interviews with relevant
stakeholders, and case studies of the implementation of AtD in other countries such as
Australia, Belgium, Canada, and Thailand. The data analysis techniques used are qualitative
and comparative analysis to evaluate Indonesia's immigration detention policy and the
opportunities and challenges of AtD implementation. The results of the study indicate that
although Indonesia has adopted several international principles related to human rights, the
application of AtD in the Indonesian immigration system is still very limited. This study
recommends regulatory changes, institutional strengthening, and public education to create
acceptance for refugees and immigrants. A more comprehensive implementation of AtD can
improve the immigration system to be more humane, effective, and in line with international
standards.