Pelaksanaan Pengawasan Warga Negara Asing di Wilayah Kerja Kantor Imigrasi Kelas I Khusus Medan Berdasarkan UU No. 6 Tahun 2011 Tentang Keimigrasian

Abstract

Immigration based on Article 1 Act Number 6 Year 2011 is about people movement to and from Indonesia’s territory and its surveillance in order to preserve the sovereignty of the nation. Immigration has 3 functions which is also known as “Tri Fungsi Imigrasi”. The 3 functions are public service, law enforcement and economic facilitator. The geographical position of Indonesia, especially Medan which is in close proximity with Singapore is really strategic. There are a lot of factories built in the area and it has a correlation with the need to employ experts from other countries, thus the influx of foreigners to Indonesia is unavoidable. The problem is each of the foreigners has its own interests and purposes. With that in mind, the surveillance of the existence and the activities done by these foreigners is mandatory to prevent the abuse of immigration permit granted by the Indonesian government. The problems that need to be solved by the government is how the surveillance of the foreigners needs to be done in Indonesian territory, especially in Immigration Office Special Class I of Medan based on Act Number 6 Year 2011. The other problem is what kind of measure that the Immigration Office Special Class I of Medan need to take if there’s a violation to this law. The research method that is used in this thesis is normative jurisdiction which is the conceptional research about the meaning and intention of national laws which has a connection with the surveillance and immigration enforcement to the permit for the foreigners in Indonesia. The other method is empirical jurisdiction which take the reality in the field into account and connect it with the current legislation. The legislation about surveillance of the foreigners in Indonesia has been regulated in Act Number 6 Year 2011 and is implemented with the selective policy. The application of the regulation, especially in Immigration Office Special Class I of Medan has 3 measures. The 3 measures are surveillance with the e-office application, operational surveillance and co-surveillance with other departments. For those who violates the law, Immigration Office Class 1 Medan has the rights to implement the administrative measures and enforce the law through the judicial process.