THE EFFECTIVENESS OF GRANTING A TEMPORARY RESIDENCE PERMIT TO FOREIGN CITIZENS IN INDONESIA BY THE REGIONAL OFFICE OF THE MINISTRY OF JUSTICE AND HUMAN RIGHTS (KANWIL KEMENHUM DAN HAM)

Indonesia has million of beauties that attract foreigners to come and taking benefit of Indonesian’s treasure and culture. The granting of temporary residence permit by the regional office of The Ministry of Justice and Human Rights many are not appropriate and effective because of limited supervision and the comprehend of the permission owned. A temporary stay permit is a permit granted to foreigners holding a temporary residence permit according to article 31 PP No 32 of 1994 concerning visas, entry permits and immigration permits, temporary residence permit is a type of immigration permit granted to foreigners to stay in Indonesia for a limited period of time. Foreign citizens who can enter to Indonesia if they already have residence permit and has completed the documents specified by immigration officials, and they can stay in Indonesia.

The notion  of immigration is a matter of people entering or leaving Indonesia as well as supervising them. There are two basic things in terms of Indonesian immigration, namely the first is the aspect of human traffic among countries, the second one is concerning the supervision of foreigners which include the supervision of entry and exit, supervision of existence and supervision of the foreigners activities in Indonesia. The meaning of supervision in the immigration function is the whole process of activities to control or supervise whether the process of carrying out the tasks is in accordance with the established rules. In the beginning, the supervision was only carried out for foreigners but by the increasingly complex development and dynamics of society, this is done thoroughly including also for Indonesian citizens, especially in the case of misuse and falsification of travel documents. The supervision of the foreigners begin when they are entering, staying and leaving for Indonesia. The service and supervision is carried out because Indonesia has many islands with an extended area from Sabang until Merauke, located between 2 continents Asia and Australia and has a short distance even borders with several neighboring countries. Immigration supervision includes enforcement of administrative immigration law as well as immigration crime.

Any of foreigners who enter Indonesia carries their own cultural influence which are different and have their own characteristics. The positive influence of the foreign culture effects to the sophisticated modernization which has good impact on the progress of technology, development getting information easily through the internet network. In addition to positive influences there are also negative influences for example neglected culture and customs, social life which diminishes and the loss sense of nationalism, the decrease of morals and manners  of the young generations, the increasingly of social inequality, the fading of religious values and the most obvious thing the environmental damage creating a lot of pollution.

As tourist destination area, Indonesia is also attractive country for foreign investors to invest their capital in Indonesia. The enter and exit of foreigners into Indonesia give positive impact on the foreign exchange which is one source of the state revenue besides selling other resources. The authority is the relationship between an individual and a country which guarantees the giving of individual rights and obligation to the international law. The regulations on citizenship in the laws of various countries are differ, this is clearly seen in the differences in how to obtain the citizenship. Along with the modernization era, many of foreign citizens change their citizenship status into Indonesian citizens and in the other hand many of Indonesian citizens change their status become foreign citizens. The increase number of foreigners who enter to Indonesia will certainly increase the country’s foreign exchange.

According to J.G. Starke the scope of international law covers the following rights : legal norms relating to the functioning of international institutions or organizations, their relationship to one another  and their relations with individual states and individuals as well. Certain legal norms relating to individuals or non-states entities the extent, the right and obligations of individuals and non state entities are important to the international community (J.G. Starke, 2004, Pengantar Hukum International, Sinar Grafika, Jakarta, h. 4).

            The position of an individual as a foreign citizens in a country is subject to the international law which has rights and obligations under international law in a limited sense of meaning. In the development of the international world, the position of foreign citizens as subject of international law become important and comprehend, only the state as a subject of international law is becoming absolute. In the wider definition of the subject law we can define, ever thing which can obtain the right and obligations of the law. Foreign citizens who can obtain rights and obligations from the international law.

The arrival of foreigners in Indonesia brings its own mission which is personal and group or organization, a foreigner who is included as a law subject is an entity (though it is an individual or a group of people). Who has rights and obligations under international law. In the international law there are subjects which are generally a number of entities that provide rights and obligations by law itself. So that, the subject of the international law can be stated as the holder or the proponent under international law. International law also gives rights and authority to all countries to practice jurisdiction over people and objects as well as any activities that occur within the territory of Indonesia. The regulation of traffic between countries involving people in one country is universal, has its own specific for each countries in accordance with the values and needs of the country. To regulate various kind of foreign citizens who enter and exit the territory of Indonesia, the government in this case the immigration apply selective policy principle which this principle only applies to certain foreigners who can deliver welfare benefit to the people and the state as well. A foreigner can enter Indonesian territory after obtaining an entry permit. For foreigners who will use their rights to travel into Indonesia then it is obliged to fulfill several requirements such as : have a valid and applicable travel document, except for people who are not required to own a visa, owning expected departure card, except for electronic card holders.

            Everyone who enter or exist into Indonesia territory must go through immigration checks at the immigration checkpoint by immigration officers and further immigration checking arranged as follows : checking visa for foreigners who are required to have it, checking the expected departure card, checking the name of the person concerned in the alert list. Foreign citizens who enter the territory of Indonesia must complete the requirement made by the Indonesian government in accordance with the provisions of the immigration law. The agency authorized to handle the temporary residence permit is Regional Office of The Ministry of Justice and Human Rights and Immigration Office, as well as having the main task in the immigration field based on the legislation; formulating and implementing policies and standardization of ethnicity in term of immigration field. There are a lot of foreign citizens doing visa abuse, many cases of foreign citizens who have temporary residence permit but misuse it for other activities like business, doing journalistic activities and many others. This is caused by ineffective supervision by immigration to the foreign citizens residence in Indonesia and monitoring their activities while they are in Indonesia.