PELAKSANAAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN MENGENAI TANGGUNG JAWAB PENJAMIN ATAS KEBERADAAN DAN KEGIATAN ORANG ASING DI BALI
Abstract: According to Article
1 (26) of the Laws Number 6/2011 concerning Immigration, the term guarantor is
well known. The guarantor is a person or a corporation responsible for the
existence and activities of foreigners while they are in Indonesia. The term
guarantor, at the time when the Laws Number 9/1992 concerning Immigration come
into force has been replaced with the term sponsor whose meaning is not far
from the term guarantor. The purpose of a guarantor for certain foreigners is
that there are parties who are responsible for them during their stay and
activities in Indonesia and even the parties see to their going home when their
stay permit ends or finance them in their process for going home if they are
deported. The other purposes are to make their stays and activities beneficial
and advantageous to the local community so that stability and public interests
remain to be maintained. However, the reality field in Bali, many underwriters
foreigners who are not responsible and do not obligations stipulated in law
No.6 of 2011. Irresponsible guarantor can be seen from the caresless for the
existence and activities of foreigners so often misuse a residence permit or
concurrent positions without permission and is located in Indonesia exceeded
the time limit given or overstayed. Guarantors obligations can not be seen from
the number of foreigners who do not report any change of address to the
immigration office. This study is an empirical legal research based on under
law No 6 of 2011 on immigration is associated with the fact that the field
deskriptif qualitative approach. The research condected in the area that
includes counties delinquent bali, Denpasar city, district and county Gianyar
and Buleleng. Data is sourced research on primary data and secondary data. The
main source of this study is that the guarantor strangers individual and
corporate guarantor. Secondary data obtained from the immigration officer.
Primery data and secondary data sources supported by primary legal materials
that Undang-undang No.6 in 2011 and legislation on immigration. Data collection
techniques used are interview techniques and questionnaire techniques. Lack of
responsibility of the quarantors of the existence and activities of foreigners,
due to lack of knowledge will be the quarantor liable as quarantor in
particular the activities of foreigners. Assume that the quarantor has a
limited residence permit foreigners can work anywhere. Lack of responsibility
of a quarantor is also caused by the still weak immigration law enforcement in
investigating any criminal cases immigration. Quarantor responsibility for the
existence and activities of foreigners in bali, yet runs effectiveness.
Penulis: Ngurah Mas Wijaya
Kusuma
Kode Jurnal: jphukumdd140365