Hak Tidak Diganggu Gugat: Studi Kasus Perkelahian Antara Diplomat Nigeria Dengan Petugas Imigrasi Indonesia

Abstract

On the 7th of August 2011, a foreign and immigration officer scuffled in Jakarta. A scuffle happened when an immigration officer took a foreigner to the immigration office. He punched the officer and the officer pressed the foreign to car seat for self-defense. After they arrived on immigration office, the foreigner showed his card identity that tell he is a diplomat from Nigeria. As a diplomat, he has inviolability rights so Indonesia can’t arrest or detain him. In other side, Indonesia has responsibility to protect its citizens from criminal offense. The Aim of this paper are to answer how inviolability rights implementation on this case and how Indonesia can protect its citizens without violating inviolability rights. Author uses normative research method and for this type of research, author uses secondary data. Diplomat has inviolability rights so no one can arrest or detain him when he did criminal offense. In other hand, Indonesia has public safety responsibility to protect its citizens from criminal offense. What Indonesia can do are ask Nigeria to waive that diplomat immunity or Indonesia can declare that diplomat as persona non grata.