Immigration Reasons: Legal Instruments for Refusing Entry of Foreigners into Indonesia

M. Alvi Syahrin, Alrin Tambunan, Ajeep Akbar Qolby, Silvester Yansen Halawa

Politeknik Pengayoman Indonesia, Directorate General of Immigration (Indonesia)

The reasons for immigration rejection are regulated in Article 13 of Law Number 6 of 2011 concerning immigration. This article stipulates ten criteria for reasons for rejection of foreigners. However, the problem is that this article has limited the reasons for immigration rejection to only ten reasons and there are no provisions that open up space for other regulations to further regulate the reasons for immigration rejection. However, in reality, there are reasons for immigration rejection outside of Article 13 of Law Number 6 of 2011 concerning immigration that are applied by immigration officers, then a new legal norm emerged that regulates the reasons for immigration rejection in Article 106 of Regulation of the Minister of Law and Human Rights Number 44 of 2015. This research was conducted using an empirical normative legal research method. Normatively, there is a discrepancy when viewed from the hierarchy of laws and regulations regarding the implementation of reasons for rejection outside of Article 13 of Law Number 6 of 2011. Nevertheless, the existence of these reasons for immigration rejection is very important to maintain state sovereignty and implement selective immigration policies. Therefore, the presence of Law Number 30 of 2014 concerning government administration is a way out of the implementation of reasons for immigration rejection outside of the reasons for rejection in Article 13 of Law Number 6 of 2011, because it has fulfilled the requirements and elements for its implementation as a discretionary decision

Article link: https://www.asianinstituteofresearch.org/lhqrarchives/immigration-reasons%3A-legal-instruments-for-refusing-entry-of-foreigners-into-indonesia-