摘要:Many illegal migrants are preferring to enter Indonesia before they go to Australia. In order to tackle the arrival of those illegal migrants, Australian government enforces Third Country's policy and ban the illegal migrants by sending the m back to Indonesia n water. As sovereign state does Indonesia has an effective policy to hand le these issues ? This research applies juridical normative approach using primary and secondary data, studying and evaluating such law principles and relevant law s . This research concludes that through Act No.6 Year 2011 on Imigration , Indonesia deals with ineffective and partial by putting illegal migrant as victim rather than smuggl er . As the policy considers them as victims, t here are no sanction s and deterrent effect s . Indonesia shall apply the Principle of State Sovereignty for basic guid ance to mak e policy concerning illegal migrant.