https://dinastires.
org/JLPH Vol.
No.
January 2025 DOI: https://doi.
org/10.
38035/jlph.
https://creativecommons.
org/licenses/by/4.
Action Against Assistance in the Abuse of Residence Permits for Foreign Nationals by the Class I Immigration Office TPI Tanjung Perak (Case Study of the Surabaya District Court Decision No.
4485/Pid.
C/2021/PN Sb.
Frans Xaverius Ulu1.
Andy Usmina Wijaya2.
Universitas Wijaya Putra.
Surabaya.
Indonesia.
Fr4n5.
68@gmail.
Universitas Wijaya Putra.
Surabaya.
Indonesia, andyusmina@uwp.
Corresponding Author: Fr4n5.
68@gmail.
Abstract: Indonesia is a unitary state that has a very large territory so that state sovereignty is a non-negotiable price that must be maintained.
Indonesia has the right to the authority to regulate its own order in protecting its territory including in terms of granting residence permits to foreigners who enter and settle in its territory.
Because it is very possible for foreigners to misuse residence permits, where this violation usually also involves Indonesian citizens to take advantage for personal gain unlawfully.
The purpose of this writing is to find out and analyze the actions of the Immigration Office in taking action against foreigners who violate their residence permits in Indonesia, especially in the area of the Class I Tanjung Perak Surabaya Immigration Office.
The method used in this writing is a normative literature study, namely based on documents obtained from various sources related to the main problem.
Keyword: Abuse of Residence Permit.
Foreign Citizen.
Immigration Office.
INTRODUCTION
Indonesia has a very strategic geographical position as it serves as a crossroads for international trade traffic located in the equatorial region and is spread between two oceans (Reza, 2.
This makes Indonesia a reliable destination for foreign visitors, as it has many beautiful islands and its vast territory stretches from Sabang to Merauke, rich in abundant natural resources.
This strategic location positions Indonesia as a destination country and a gateway for entry into or exit from the country.
As a result, the oversight conducted by the Government becomes challenging in implementing boundaries and controlling the movement of people in Indonesia.
In relation to the implementation of public services, the 1945 Constitution of the Republic of Indonesia mandates the state to fulfill the basic needs of citizens equitably to achieve welfare, thus the effectiveness of government work is truly determined by the quality of public service management amidst the challenges posed by the vastness of the territory (Antares, 2.
1948 | P a g e https://dinastires.
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January 2025 One of the state apparatuses that functions as a safeguard for the vast territory of Indonesia is Immigration.
Immigration is one of the institutions that plays a role in maintaining the territory of the Unitary State of the Republic of Indonesia.
According to Article 1 number .
of Law Number 6 of 2011 concerning Immigration, immigration is the frontline guard in the administration of supervision and security of human mobility in upholding national Immigration has the rights granted by the state to permit or prohibit foreign nationals from entering the country (Starke, 1.
Immigration also serves as an institution that has the authority to set time limits on the presence of foreign individuals and to provide clarity to foreigners regarding what actions are permissible and what actions are not permissible (Bean, 2.
Immigration is the activity of moving from one country to another to settle in the new location.
The movement of territory in the form of immigration is influenced by various factors, namely economic, socio-cultural, and educational (Wijayanti & Press, 2.
Immigration law is a part of public law that regulates the relationship between individuals and the state in the field of the movement of people in and out of a country, based on international law (Hahamu, 2.
According to Law Number 6 of 2011 concerning Immigration, foreigners traveling in Indonesia are required to possess a Travel Document.
A Travel Document is an official letter issued by the authorized officials of a country.
The Travel Document consists of a passport and a travel letter equivalent to a passport.
Citizens entering and exiting the territory of Indonesia must have: a.
Entry and Exit Signs.
Visa.
Residence Permit.
The presence of laws regulating foreigners in Indonesia provides a legal status that every foreigner who visits or resides in Indonesia must comply with the provisions set forth by the legislation.
In the Law, immigration is conducted based on a selective principle, whereby only foreigners who can have a positive impact on society and do not pose a threat to the order and security of Indonesia are Therefore, foreigners wishing to visit or settle in Indonesia must be considered from various aspects, including economic, political, socio-cultural, and security factors for the state of Indonesia (Sianipar, 2.
In general, the functions and roles of Immigration are universal, which is to regulate the flow of people entering or leaving the territory of a country.
Immigration comes from the Latin word migratio, which means the movement of people from one place or country to another.
The term imigratio in Latin refers to the movement of residents from one country to enter another country (Zulfikar, 2.
According to Jazim Hamidi and Charles Christian in their book (Hamidi & Christian, 2.
The immigration function in Indonesia operationally encompasses three functions, namely the first is the function of public service.
From this aspect, immigration is required to provide excellent service in the field of immigration, both to Indonesian citizens and foreign Services for Indonesian citizens consist of the issuance of passports, travel letters equivalent to passports (SPLP), border crossing posts (PLB), and the issuance of departure or entry stamps.
The second is the security function, where immigration serves as the gatekeeper of the nation.
This is stated because immigration is the first and last institution that filters the arrival and departure of foreign nationals to and from the territory of the Republic of Indonesia.
The last is the law enforcement function where in the implementation of immigration duties, all legal regulations must be enforced upon every person present in the territory of Indonesia, whether it concerns Indonesian citizens regarding issues of false identity, sponsor accountability, dual sponsorship ownership, and involvement in violations of immigration That is the understanding of immigration along with the contributing factors and explanations of immigration functions.
The focus of the issues in this background relates to the enforcement process against Indonesian citizens who assist in violations of residence permits committed by foreigners in the working area of the Class I TPI Immigration Office in Tanjung Perak.
Surabaya.
Foreigners who wish to enter and reside in the territory of Indonesia for various purposes, whether for family visits, tourism, education, or work, must fulfill all residency permit requirements, 1949 | P a g e https://dinastires.
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January 2025 including complete travel documents such as passports, visas, and residency permits.
Regulations regarding passports, visas, and residency permits are outlined in the Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration.
A common issue that arises is the violation of residency permits that do not comply with the designated purpose of the granted residency permits.
The issue to be discussed in this research is the process leading to the Surabaya District Court Decision No.
4485/Pid.
C/2021/PN Sby as a law enforcement process against Indonesian citizens who assist in committing immigration permit violations by Foreign Nationals within the jurisdiction of the Class I TPI Immigration Office Tanjung Perak.
Surabaya.
Based on the background description above, the formulated problem raised is how the law enforcement process against criminal acts committed by Indonesian citizens in assisting violations of residence permits carried out by foreign nationals in the working area of the Class I TPI Immigration Office Tanjung Perak.
Surabaya, based on the Surabaya District Court Decision No.
4485/Pid.
C/2021/PN Sby.
METHOD
This research is examined using normative research.
Normative research is one of the model approaches in legal research in the context of the implementation or application of law within society (Marzuki, 2.
The research approach is the analysis of the analytical and conceptual approach, which is an approach that starts from the views and doctrines that develop within legal science (Irwansyah, 2.
By studying the views of doctrines in legal science, researchers will discover ideas that give rise to legal understandings, legal concepts, and legal principles that are relevant to the issues at hand.
This approach is used to reflect on and study the legal concepts or ideas regarding the regulation of doctrines in the enforcement of immigration law.
This research not only employs normative research methods but also utilizes additional methods to enhance the analysis.
These methods include:
The conceptual approach, which is an approach that originates from the study of doctrines and scientific perspectives in legal science.
This approach is used to understand fundamental concepts, legal principles, and norms relevant to the issue of violations of residence permits for foreign nationals and their regulation in immigration law.
The Case Approach, which involves analyzing the Surabaya District Court Decision No.
4485/Pid.
C/2021/PN Sby.
This approach aims to examine how legal norms are applied in practice through the analysis of specific cases that are the focus of the research.
The legal approach involves examining relevant legislation, such as Law Number 6 of 2011 concerning Immigration.
This approach aims to understand the legal basis governing the mechanisms and sanctions for violations of residence permits by foreign nationals in Indonesia.
RESULTS AND DISCUSSION
Criminal Offense of Implementing Foreign National Residence Permits The Minor Criminal Offense as referred to in Article 124 letter b of Law Number 6 of 2011 concerning Immigration, committed by an Indonesian Citizen named Djaka Indra Sudira alias Sofu, involves concealing, protecting, or providing accommodation to a foreign national of British nationality named Christopher Lancaster Plowman.
This Minor Criminal Offense was discovered on Monday.
January 4, 2021, when the monitoring team of the Class I TPI Tanjung Perak Immigration Office conducted surveillance on the foreign national Christopher Lancaster Plowman, who was suspected of not possessing valid travel documents and visa, residing at De Alamuda Residence Block G - 08 RT 06 RW 02.
Balas Klumprik Village.
Wiyung District.
Surabaya City.
East Java.
1950 | P a g e https://dinastires.
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January 2025 After the Foreign Monitoring Team of the Class I Immigration Office TPI Tanjung Perak conducted an inspection, it was found that the travel document or passport belonging to Christopher Lancaster Plowman is valid and still in effect.
However, the residence permit held by Christopher Lancaster Plowman has expired since November 16, 2020, as indicated on his travel document or passport with Number 538750850, issued by the authorities in the United Kingdom on December 23, 2016, valid until December 23, 2026.
Subsequently, the Foreign Monitoring Team of the Class I Immigration Office TPI Tanjung Perak conducted the collection of evidence and found that Christopher Lancaster Plowman was residing with an acquaintance named Djaka Indra Sudira alias Sofu, an Indonesian citizen, at De Alamuda Residence Block G - 08 RT 06 RW 02.
Balas Klumprik Village.
Wiyung District.
Surabaya City.
East Java, where the residence is owned by Djaka Indra Sudira alias Sofu.
Christopher Lancaster Plowman has been residing at that address for approximately 12 months since November 16, 2019.
Therefore, it is reasonable to suspect that the suspect Djaka Indra Sudira alias Sofu has intentionally concealed or protected or provided lodging to Christopher Lancaster Plowman, whose residence permit is presumed to have expired, as referred to in Article 124 letter b of Law No.
6 of 2011 concerning Immigration.
Based on the statement of Christopher Lancaster Plowman, on November 16, 2019, he entered the territory of Indonesia using a Limited Stay Visa valid until November 16, 2020, to work with a guarantor named PT.
Akbar Budi Sakti, which operates in the business of providing spare parts such as motorcycle and car parts.
However, the witness is no longer employed by PT.
Akbar Budi Sakti because the company never provided a work contract between the witness and PT.
Akbar Budi Sakti.
The witness attempted to inquire about the continuation of his work contract with PT.
Akbar Budi Sakti to the owner of the company named Amit but did not receive any results.
Subsequently.
Christopher Lancaster Plowman stayed at a homestay owned by PT.
Akbar Budi Sakti located in Karawang for one month.
After that, the individual attempted to go to the home of his foster parents named Andrew Martin Plowman in Surabaya, but his parents were unwilling to accept him to stay with them in Surabaya.
Subsequently, the individual requested assistance from Djaka Indra Sudira, also known as Sofu, to purchase a plane ticket from Jakarta to Surabaya in order to stay at the residence of Djaka Indra Sudira, also known as Sofu, located at De Alamuda Residence Block G - 08 RT 06 RW 02.
Balas Klumprik Village.
Wiyung District.
Surabaya City.
The Process of Law Enforcement against Criminal Offenses of Residence Permit Violations for Foreign Nationals at the Class I Immigration Office TPI Tanjung Perak.
Surabaya Based on the research results at the Class I TPI Immigration Office in Tanjung Perak.
Surabaya.
Mr.
Washington Saut Dompak Napitupulu, the Head of the Immigration Supervision and Enforcement Section, explained that: "In resolving cases of criminal acts of misuse of immigration residence permits by foreign nationals, it is carried out through two methods, namely immigration administrative actions .
utside the criminal justice syste.
and projustitia actions .
udicial proces.
which are included in the Criminal Justice System.
" These actions are described as follows (Emilia & Nadirah, 2.
Administrative Immigration Action Immigration administrative actions refer to the Law Number 6 of 2011 concerning Immigration, as explained in Article 1 paragraph .
, where administrative sanctions are sanctions imposed by Immigration Officials on foreigners outside the judicial process.
Article 75 paragraph .
of the Law of the Republic of Indonesia Number 6 of 2011 concerning Immigration stipulates that the reasons for Immigration Administrative Actions (TAK) may be imposed if a foreigner in the territory of Indonesia engages in activities that are dangerous and are suspected of endangering public security and order or does not respect or comply with the laws and regulations.
Article 75 paragraph .
of the Law of the Republic of Indonesia Number 1951 | P a g e https://dinastires.
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Restriction, modification or cancellation of Residence Permit.
Prohibition to be in one or several specific places in the territory of Indonesia.
The requirement to reside in a specific location within the territory of Indonesia.
Charging of fees.
and/or Deportation from the territory of Indonesia.
The enforcement of misuse of visit stay permits by immigration officials can be carried out through administrative actions, including deportation.
Deportation is the primary authority held by immigration.
However, as per the applicable regulations, foreigners cannot be expelled arbitrarily but must follow the established procedures.
One of the penalties for violating stay permits is a fine of Rp.
1,000,000.
ne million rupia.
per day.
Payment can be made within 60 days from the expiration of the visa validity.
If it exceeds 60 days.
Administrative Immigration Action (TAK) will be imposed, and the foreigner will be immediately deported.
As an additional measure, foreigners who have been deported will be subject to a preventive action for six months.
Preventive action is derived from the abbreviation of prevention and counteraction, which mandates immigration officials stationed at Immigration Inspection points to temporarily deny Indonesian citizens who are subject to prevention from leaving or to deny foreign nationals.
Specifically for Indonesian citizens, the authority and responsibility for prevention are carried out by a team led by the Minister of Law and Human Rights, consisting of members from the National Armed Forces Headquarters, the Attorney General's Office, the Ministry of Foreign Affairs, the Ministry of Home Affairs, as well as including intelligence agencies for those subject to prevention from entering the territory of Indonesia based on certain reasons.
However, the understanding of prevention has also been used in another sense, namely the prohibition of speaking at a seminar or discussion for certain individuals or a performance that has a different meaning from the meaning in Immigration (Agnes et al.
, 2.
The request for prevention and denial in the 1992 immigration law must be established based on a written decision containing the identity of the person subject to prevention, the reasons for prevention, and the duration of prevention, while according to the Government Regulation of 1994 concerning the procedures for the implementation of prevention and denial, it is stated that the written decision must at least include the name, age, occupation, address, gender, and nationality.
The basis for this denial is as stated in Article 78 paragraph .
of the Immigration Law, which mentions that a foreigner holding a residence permit that has expired and remains within the territory of Indonesia for more than sixty days beyond the expiration date of the residence permit is subject to immigration administrative action in the form of deportation and denial.
Projustitia Action According to its organizational structure, employees at the Class I TPI Immigration Office in Tanjung Perak.
Surabaya are factually divided into two types of personnel, namely administrative staff and technical or structural staff referred to as Immigration Officers.
It is these Immigration Officers who can function as investigators to conduct investigations into immigration crimes, but not all Immigration Officers can be called investigators.
only those who have received training at the Police Criminal Investigation Center and have been declared graduated can be referred to as investigators with the title of Civil Servant Investigator (PPNS).
In the process, the PPNS will handle immigration crimes through a judicial process that is part of the Criminal Justice System.
The action of pro justitia is granted to both foreigners and Indonesian citizens who assist in the occurrence of criminal acts or immigration violations as stipulated in the Law of the Republic of Indonesia Number 6 of 2011 in conjunction with Government Regulation Number 31 of 2013 concerning Immigration Detention Centers, 1952 | P a g e https://dinastires.
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January 2025 carried out through investigations against suspects and evidence related to the immigration crimes committed, taking initial actions at the scene, conducting quarantine actions against foreigners, conducting searches, seizures, and examinations of places, items, documents, and letters related to immigration crimes, summoning witnesses and suspects, accompanied by the preparation of minutes for each legal action taken.
Foreign citizens who are caught in the act of committing immigration offenses or immigration offenses related to other criminal acts may be subject to direct action by investigators as regulated in Article 5 paragraph .
letter b of the Criminal Procedure Code:
Arrest, prohibition from leaving the place, search, and seizure.
Examination and seizure of documents.
Taking fingerprints and photographing someone.
Bringing and presenting someone to the investigator.
This Projustitia action is carried out by immigration officials, specifically by the Civil Servant Investigators (PPNS) of Immigration.
Where it is authorized by law to enforce immigration law against violations of immigration crimes.
Immigration PPNS coordinates with police investigators regarding the notification of the commencement of the investigation of immigration crimes to the police investigator as the coordinator and supervisor of immigration PPNS as stipulated in Article 107 paragraph .
of the Criminal Procedure Code and in the case of the handover of case files resulting from the investigation of immigration crimes from immigration PPNS to the police investigator as the supervisor of immigration PPNS to be submitted to the public prosecutor as stipulated in Article 107 paragraph .
of the Criminal Procedure Code and if the investigation is terminated, it shall notify the police investigator from the public prosecutor as specified in Article 109 paragraph .
of the Criminal Procedure Code.
The termination of the investigation is carried out if there is insufficient evidence, the event is not a criminal act, and the investigation is terminated by law as stipulated in Article 109 paragraph .
of the Criminal Procedure Code.
Foreign Reporting Application (APOA) One of the breakthroughs made by Immigration in order to enhance the effectiveness of foreign monitoring activities is the creation of the Foreign Reporting Application (APOA).
The Foreign Reporting Application (APOA) is an immigration information system operated by the immigration supervision and enforcement division (WASDAKIM).
This system facilitates the monitoring and reporting process of the presence of foreign nationals in the Immigration office area, making it faster and easier.
The APOA is very helpful for the Immigration authorities in monitoring foreign individuals who are visiting or residing, as it is indeed difficult to monitor the actual activities of every foreign national entering Indonesia.
Furthermore, with the existence of the APOA, the community and users of foreign services can also participate in the supervision of foreigners present in the territory of Indonesia.
The community can report .
ithin 24 hour.
if they encounter a foreigner committing violations and causing problems or perceived to be disturbing the surrounding community.
In addition, companies can also report the activities of foreign workers under their employment.
Foreigners Supervision Team (TIMPORA) According to Article 1 paragraph .
of the Minister of Law and Human Rights Regulation Number 50 of 2016 concerning the Foreigners Supervision Team, referred to as Tim Pora, is a team consisting of agencies and/or government institutions that have duties and functions related to the presence and activities of Foreigners.
The establishment of Tim Pora is intended to realize coordinated and comprehensive immigration supervision of the presence and activities of Foreigners in the Territory of Indonesia.
The Foreign Supervision Team of the Directorate General of Immigration has currently undertaken various steps and strategic policies.
This is an effort to prevent violations of regulations by foreigners in Indonesia.
One of the initiatives is to promote the Foreign Supervision Team from the central level, provincial, district/city to the sub-district level, where 1953 | P a g e https://dinastires.
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January 2025 the elements of the Foreign Supervision Team involve all elements of government (Agnes et , 2.
The task of the Foreign Supervision Team is to provide advice and considerations to agencies and/or government institutions such as the military, police, and local governments to collaborate on matters related to the supervision of foreigners, which includes coordination and exchange of data and information, dissemination of information and data regarding the presence of foreigners in a tiered manner, analysis and evaluation of data/information related to the implementation of foreign supervision.
In addition, the function of the Foreign Supervision Team is to create a map of foreign supervision, resolve issues regarding the presence and activities of foreigners, implement and regulate relationships and cooperation in the context of foreign supervision, and prepare special or incidental joint operation plans.
The Application of Legal Processes in Court Decision No.
4485/Pid.
C/2021/PN Sby Based on the analysis of the Surabaya District Court Decision No.
4485/Pid.
C/2021/PN
Sby, it is explained that the Residence Permit used by Christopher Lancaster Plowman while in the territory of Indonesia is a Limited Stay Permit granted for one year, utilized by workers sponsored by PT.
Akbar Budi Sakti in Karawang City, which operates in the automotive spare parts industry.
The residence permit held by Christopher Lancaster Plowman is valid from November 16, 2019, to November 16, 2020, as stated in his travel document or passport with Number 538750850, issued by the Government of the United Kingdom on December 23, 2016, and valid until December 23, 2026.
Due to a violation of the residence permit.
Christopher Lancaster Plowman is subject to Immigration Administrative Action in the form of Deportation and Denial, as stated in Article 78 paragraph 3 of Law No.
6 of 2011 concerning Immigration, which states: "Foreigners holding a residence permit that has expired and who remain in the territory of Indonesia for more than 60 .
days beyond the expiration date of the residence permit are subject to Immigration Administrative Action in the form of Deportation and Denial.
The defendant has clearly violated immigration regulations as he was aware that the foreignerAos residence permit in Indonesia had expired, yet he failed to report the foreigner's Instead, he concealed the foreigner and provided accommodation at De Alamuda Residence Block G - 08 RT 06 RW 02.
Balas Klumprik Village.
Wiyung District.
Surabaya City.
East Java Province, which is, notably, the residence of Djaka Indra Sudira alias Sofu himself, as stated in Clarification Letter No.
4/01/2021 issued by the Head of RT 06 RW 02 De Alamuda Residence.
Balas Klumprik Village.
Wiyung District.
Surabaya City.
Thus, the investigator can conclude that Djaka Indra Sudira alias Sofu intentionally concealed or protected or provided lodging to a foreigner whose residence permit is known or should be suspected to have expired, punishable by imprisonment for a maximum of 3 .
months or a fine of up to Rp.
25,000,000.
wenty-five million rupia.
as referred to in Article 124 letter b of Law No.
6 of 2011 concerning Immigration.
This was also confirmed in the hearing held in the Tirta room of the Surabaya District Court on Wednesday.
April 2, 2021, by the Single Judge Khusaini.
Legal Analysis of Article 124 letter b of Law No.
6 of 2011 concerning Immigration which states: "Every person who intentionally conceals or protects or provides livelihood or employment to a foreigner who is known or should be suspected: .
) Whose residence permit has expired shall be punished with imprisonment for a maximum of 3 .
months or a fine of up to Rp.
25,000,000.
wenty-five million rupia.
" With detailed information:
Every person:
It is a legal standard that explains the legal subject of an individual .
atural perso.
who is targeted by a formulation of a criminal act or who becomes the addressee of a legal provision regarding a criminal act .
ommunal offens.
, so that the perpetrator in this formulation does not require specific qualifications to commit this criminal act, including in relation to 1954 | P a g e https://dinastires.
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This means that anyone within the territory of Indonesia who violates Indonesian laws can be held criminally responsible for violating these provisions.
Intentionally:
The element of wrongdoing where there is knowledge or awareness of the perpetrator regarding the actions specified in the elements of the following criminal act.
That the actions allegedly committed by Djaka Indra Sudira alias Sofu essentially intended and acknowledged that the residence permit of Christopher Lancaster Plowman had expired, after Christopher Lancaster Plowman recounted his issues to Djaka Indra Sudira alias Sofu, and Djaka Indra Sudira alias Sofu never submitted an application for the extension of the Residence Permit nor reported the presence of Christopher Lancaster Plowman to the Class I TPI Tanjung Perak Immigration Office.
Concealing or protecting or providing accommodation or providing livelihood or providing In this matter, an investigation has been conducted which concludes that based on Clarification Letter No.
4/01/2021 issued by the Head of RT 06 RW 02 De Alamuda Residence.
Balas Klumprik Village.
Wiyung District.
Surabaya City on January 21, 2021, in the name of Djaka Indra Sudira alias Sofu at De Alamuda Residence Block G-08 RT 06 RW 02 Balas Klumprik Village.
Wiyung District.
Surabaya City.
East Java, it is owned by Djaka Indra Sudira alias Sofu, but the ownership deed is in the name of Djaka Indra Sudira alias Sofu's wife.
Vivit Indra Marta.
Djaka Indra Sudira alias Sofu provided accommodation to Christopher Lancaster Plowman, a British citizen, since one .
month after his arrival in Indonesia on November 16, 2019, approximately 12 months ago.
where he was aware that Christopher Lancaster Plowman's residence permit had expired.
Djaka Indra Sudira alias Sofu also never applied for an extension of the residence permit nor reported the presence of Christopher Lancaster Plowman to the Class I TPI Tanjung Perak Immigration Office.
Djaka Indra Sudira alias Sofu intentionally concealed or protected or provided accommodation to Christopher Lancaster Plowman, knowing or reasonably suspecting that his residence permit had expired.
Based on the description of the elements mentioned above.
Article 124 letter b of Law No.
6 of 2011 concerning Immigration should be applied.
Therefore, the judge in his decision ruled that "The defendant has been proven legally and convincingly guilty of committing a crime by intentionally providing assistance to a foreigner whose residence permit has expired.
The defendant is sentenced to a fine of two hundred fifty thousand rupiah, which if not paid will be replaced with seven days of detention.
" This is because all elements in Article 124 letter b of Law No.
6 of 2011 concerning Immigration are fulfilled.
CONCLUSION
The main duties and authorities carried out by the Class I Immigration Office TPI Tanjung Perak.
Surabaya are divided into three, referred to as "trifunction," each with its respective tasks: public service function, law enforcement function, and security function.
Regarding law enforcement, in the event of a violation, it is divided into two processes: administrative action and juridical action.
If a foreigner is found to be abusing their residence permit, the Class I Immigration Office TPI Tanjung Perak.
Surabaya will impose sanctions through Immigration Administrative Actions in the form of Deportation and Detention for foreigners who violate the Visit Stay Permit.
The reason for the implementation of deportation is that it is considered more practical and time-efficient.
however, if the immigration matter contains criminal elements, whether committed by foreigners or Indonesians, the follow-up action is the Pro Justitia process.
This is similar to the aforementioned case, which was processed through the Pro Justitia route and granted by the Surabaya District Court through the criminal justice system.
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REFERENCE