LEGAL ADMINISTRATIVE ENFORCEMENT ON EXCEED A TIME GRANTED STAY PERMISSION (OVERSTAY ACCORDING INDONESIAN LAW NO. 6 YEAR 2011 CONCERNING ON IMMIGRATION (CASE STUDY: ABDOU AZIZ NIASS FROM SENEGAL)

Abstract

Immigration has a function as a gatekeeper of Foreigners to enter and leave the Indonesian Territory. Immigration has a role to protect the State from the dangerous thing and the things that can harm the State. Foreigners who enter, reside, and leave the Indonesian Territory is not only give a positive impact, but also give a negative impact. Law No. 6 of 2011 concerning Immigration is important to enforce sovereignty State. One of example of Stay Permit Immigration violation is Abdou Azis Niass, a foreigner who exceeded the time granted Stay Permission Immigration. Hence, the research problems as following: First, how does the implementation of Immigration Controls relate to Stay Permit Document for Foreigners? and second, how does Legal Enforcement of Immigration Administrative Action relate to Overstay? Type of research being used is analytics descriptive, namely research that seeks to describe and outlines about problems related to Immigration controls and Legal Enforcement Administrative for Foreigner who overstayed. This research’s approach used a normative legal research. The author uses as a case approach and statue approach for analyzing the implementation of Immigration controls and Legal Administrative Enforcement of Foreigners. The source of data is a primary source data by interviewing the Head of Immigration Controls and Actions at Immigration Office in West Jakarta and secondary source data is material primary law such as Law No.6 of 2011 concerning on Immigration Law and Government Regulation No 31 of 2013 concerning on the Implementation of Immigration Law. The material secondary law was taken from books, paper, journals, and other documents that has relevance and significance with this research. The author used tertiary material such as dictionary. The result of the result has shown that Immigration Controls and Actions of Foreigners are already based on the Immigration Law but the implementation is not implemented well. Therefore, Immigration not run its function well as a gatekeeper of Foreigners in order to protect the State, its already violated the State Sovereignty Theory and Territory Jurisdiction. Immigration controls divided into several field, and mostly all of them because lack of budget and human resources. For the Implementation of Legal Administrative Enforcement, all punishment and sanctions are not given the Foreigners wary, Foreigners underestimate the law and regulation that exist in Indonesia.