Supervision And Enforcement Of Immigration On Foreign Residence Permits In Indonesia (Study Of The Medan Special Class I Immigration Office)

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Supervision and Enforcement of Immigration on Foreign Residence Permits in Indonesia: A Study of the Medan Special Class I Immigration Office

Introduction

Indonesia has implemented selective policies in regulating foreign citizens' traffic, allowing only those who provide benefits to the welfare of the people and the state, and do not endanger security and order, to enter and live in the country. As a result, a strict residence permit is necessary for foreigners who want to settle in Indonesia. However, the implementation of immigration supervision and enforcement of foreigners who exceed the time limit of the residence permit (overstay) in the area of the Medan Special Class I Immigration Office has not been strictly regulated in statutory regulations. This raises several problems, including the regulation of foreigners' residence permits in Indonesia, the immigration supervision system for foreigners applied in the Medan Special Class I Immigration Office area, and immigration action on overstayed foreigners.

Background

Indonesia's immigration policies are based on the principle of balancing the welfare approach and the security approach. The state must advance public welfare while protecting the nation and state. This balance is crucial in maintaining security and order, and ensuring that foreigners who live in Indonesia are in accordance with applicable regulations. However, the current immigration law enforcement system has several limitations, including the lack of clear regulations on immigration supervision and enforcement.

Methodology

This study uses a normative legal method with an analytical descriptive approach to analyze the problem. The qualitative method is used, assuming that social reality is unique and complex. The study aims to identify the problems and challenges in the implementation of immigration supervision and enforcement of foreigners who exceed the time limit of the residence permit (overstay) in the area of the Medan Special Class I Immigration Office.

Regulation of Foreigners' Residence Permits in Indonesia

The regulation of foreigners' residence permits in Indonesia is governed by Law No. 6 of 2011 on Immigration. The law states that foreigners who want to enter and live in Indonesia must obtain a residence permit. The residence permit is issued by the immigration office and is valid for a specific period. However, the law does not provide clear regulations on the supervision and enforcement of foreigners who exceed the time limit of the residence permit.

Immigration Supervision System for Foreigners in the Medan Special Class I Immigration Office Area

The immigration supervision system for foreigners in the Medan Special Class I Immigration Office area is based on the principle of monitoring and controlling the movement of foreigners. The system involves the use of various tools, including biometric data, fingerprints, and photographs. However, the system has several limitations, including the lack of clear regulations on the supervision and enforcement of foreigners who exceed the time limit of the residence permit.

Immigration Action on Overstayed Foreigners

Immigration action on overstayed foreigners is governed by Law No. 6 of 2011 on Immigration. The law states that foreigners who exceed the time limit of the residence permit are subject to deportation. However, the law does not provide clear regulations on the procedures and mechanisms for deportation.

Results of the Study

The results of the study showed that the national policy on immigration focused on the balance between the welfare approach and the security approach. This means that the state must advance public welfare and at the same time protect the nation and state. The study also concluded that efforts need to be made to renew the immigration law enforcement system, including the reform of procedural law enforcement of immigration law on criminal and administrative violations.

Suggestions for Increasing Supervision and Enforcement of Immigration

Based on the results of the study, several suggestions can be applied to increase the supervision and enforcement of immigration:

  • Involving Polri investigators in the investigation process: Polri investigators can play a crucial role in investigating cases of overstayed foreigners.
  • Improving immigration facilities and infrastructure by utilizing information technology: The use of information technology can improve the efficiency and effectiveness of immigration supervision and enforcement.
  • Increasing the human resources of immigration personnel through education and training that focuses on human rights, good governance, and clean governance values: Immigration personnel need to be equipped with the necessary skills and knowledge to perform their duties effectively.

Conclusion

Increasing effective supervision and enforcement of immigration will help maintain security and order, and ensure that foreigners who live in Indonesia are in accordance with applicable regulations. The suggestions outlined above can be applied to improve the supervision and enforcement of immigration. However, further research is needed to identify the most effective strategies for increasing supervision and enforcement of immigration.

Recommendations

Based on the results of the study, several recommendations can be made:

  • The government should renew the immigration law enforcement system, including the reform of procedural law enforcement of immigration law on criminal and administrative violations.
  • The government should improve immigration facilities and infrastructure by utilizing information technology.
  • The government should increase the human resources of immigration personnel through education and training that focuses on human rights, good governance, and clean governance values.

Limitations of the Study

This study has several limitations, including:

  • The study only focuses on the Medan Special Class I Immigration Office area: The study does not provide a comprehensive overview of the immigration supervision and enforcement system in Indonesia.
  • The study only uses qualitative methods: The study does not use quantitative methods to analyze the data.

Future Research Directions

Future research can build on the findings of this study by:

  • Conducting a comprehensive study of the immigration supervision and enforcement system in Indonesia: A comprehensive study can provide a more detailed understanding of the system and its limitations.
  • Using quantitative methods to analyze the data: The use of quantitative methods can provide a more objective analysis of the data.
  • Examining the impact of immigration supervision and enforcement on the economy and society: The study can examine the impact of immigration supervision and enforcement on the economy and society.

References

  • Law No. 6 of 2011 on Immigration.
  • Regulation of the Minister of Law and Human Rights No. 14 of 2013 on Immigration Supervision and Enforcement.
  • Regulation of the Minister of Law and Human Rights No. 15 of 2013 on Immigration Facilities and Infrastructure.

Appendix

  • List of interviewees.
  • List of documents reviewed.
  • List of references cited.
    Q&A: Supervision and Enforcement of Immigration on Foreign Residence Permits in Indonesia

Q: What is the purpose of the study on supervision and enforcement of immigration on foreign residence permits in Indonesia?

A: The purpose of the study is to analyze the problems and challenges in the implementation of immigration supervision and enforcement of foreigners who exceed the time limit of the residence permit (overstay) in the area of the Medan Special Class I Immigration Office.

Q: What are the main findings of the study?

A: The main findings of the study are that the national policy on immigration focused on the balance between the welfare approach and the security approach, and that efforts need to be made to renew the immigration law enforcement system, including the reform of procedural law enforcement of immigration law on criminal and administrative violations.

Q: What are the suggestions for increasing supervision and enforcement of immigration?

A: The suggestions for increasing supervision and enforcement of immigration are:

  • Involving Polri investigators in the investigation process: Polri investigators can play a crucial role in investigating cases of overstayed foreigners.
  • Improving immigration facilities and infrastructure by utilizing information technology: The use of information technology can improve the efficiency and effectiveness of immigration supervision and enforcement.
  • Increasing the human resources of immigration personnel through education and training that focuses on human rights, good governance, and clean governance values: Immigration personnel need to be equipped with the necessary skills and knowledge to perform their duties effectively.

Q: What are the limitations of the study?

A: The limitations of the study are:

  • The study only focuses on the Medan Special Class I Immigration Office area: The study does not provide a comprehensive overview of the immigration supervision and enforcement system in Indonesia.
  • The study only uses qualitative methods: The study does not use quantitative methods to analyze the data.

Q: What are the future research directions?

A: The future research directions are:

  • Conducting a comprehensive study of the immigration supervision and enforcement system in Indonesia: A comprehensive study can provide a more detailed understanding of the system and its limitations.
  • Using quantitative methods to analyze the data: The use of quantitative methods can provide a more objective analysis of the data.
  • Examining the impact of immigration supervision and enforcement on the economy and society: The study can examine the impact of immigration supervision and enforcement on the economy and society.

Q: What are the references cited in the study?

A: The references cited in the study are:

  • Law No. 6 of 2011 on Immigration.
  • Regulation of the Minister of Law and Human Rights No. 14 of 2013 on Immigration Supervision and Enforcement.
  • Regulation of the Minister of Law and Human Rights No. 15 of 2013 on Immigration Facilities and Infrastructure.

Q: What is the appendix of the study?

A: The appendix of the study includes:

  • List of interviewees.
  • List of documents reviewed.
  • List of references cited.

Q: What is the conclusion of the study?

A: The conclusion of the study is that increasing effective supervision and enforcement of immigration will help maintain security and order, and ensure that foreigners who live in Indonesia are in accordance with applicable regulations. The suggestions outlined above can be applied to improve the supervision and enforcement of immigration. However, further research is needed to identify the most effective strategies for increasing supervision and enforcement of immigration.