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LEGAL UNCERTAINTY IN GOVERNMENT REGULATION NUMBER 51 OF 2020 REGARDING THE TEN-YEAR PASSPORT VALIDITY PERIOD Diatmika, Komang Trisna; Sara, Rineke
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1132

Abstract

This study examines the legal uncertainty arising from the implementation of Government Regulation No. 51 of 2020 concerning the change in passport validity from 5 years to 10 years, as well as the need for legal reform to address the issue. Legal uncertainty occurs due to the absence of clear implementing regulations, thus affecting the effectiveness of policy implementation in the field of immigration administration, including tariff adjustments and management of passport forms. The purpose of this study is to analyze the lack of clear implementing regulations and their impact on immigration administration, proposing solutions such as creating comprehensive guidelines, legal harmonization, and system updates to ensure policy execution. This research utilizes the normative method to analyze the legal uncertainty surrounding Government Regulation Number 51 of 2020 by examining the relevant legal standards. This study finds that the enactment of Government Regulation No. 51 of 2020 has created legal uncertainties, particularly regarding the transition for existing passports, fee adjustments, and administrative procedures. These ambiguities may disrupt immigration services and confuse both the public and immigration officers, calling for clear guidelines and implementing regulations to ensure the smooth execution of the policy. This study recommends legal reform by preparing comprehensive implementing regulations, harmonization with related laws, and updating the administrative system to support policy implementation. This study suggests a more adaptive legal framework and increases the capacity of technology and human resources to face future immigration challenges.
Immigration Legal Politics Supporting IKN Development as a Global Economic Growth Hub Diatmika, Komang Trisna; Santiago , Faisal
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.457

Abstract

The development of the Indonesian Capital City (IKN) as a national strategic project is aimed not only at relocating the center of government but also at establishing a new hub of global economic growth. This article aims to analyze the role of immigration legal politics in supporting investment inflows, the mobility of foreign experts, and diaspora participation in the development of the IKN. This study employs normative legal research using a statutory and conceptual approach, examining Law Number 6 of 2011 on Immigration, Law Number 3 of 2022 in conjunction with Law Number 21 of 2023 concerning the IKN, and Regulation of the Minister of Law and Human Rights Number 22 of 2023 on Visas and Residence Permits. The findings indicate that Indonesia’s immigration policy has undergone a paradigm shift from a purely supervisory function toward a selective and incentive-based approach that supports national development objectives. Instruments such as the Golden Visa, Limited Stay Permit (ITAS), and Permanent Stay Permit (ITAP) provide legal certainty for foreign investors, professionals, and the Indonesian diaspora, thereby facilitating capital inflows, technology transfer, and global connectivity for the IKN. However, the study also identifies challenges, including the potential misuse of residence permits, regulatory overlap between central authorities and the IKN Authority, and the need to balance economic openness with the protection of national sovereignty and local labor. This article concludes that the establishment of specific and harmonized immigration regulations for the IKN is essential to ensure legal certainty, effective supervision, and policy coherence. An adaptive and selective immigration legal strategy is crucial for positioning the IKN as a sustainable, competitive, and globally integrated economic center while safeguarding Indonesia’s national interests.