LEGAL BRIEF
Vol. 11 No. 5 (2022): Desember: Law Science and Field

Evaluation of Discretionary Authority on Immigration Supervision

Juan Carlo (Politeknik Imigrasi)
Linus Abel Mahfud (Politeknik Imigrasi)
Syahwa Salsabila (Politeknik Imigrasi)



Article Info

Publish Date
28 Dec 2022

Abstract

The purpose of this study is to find out the scope and executors who have discretionary authority in immigration control and find out what is the legal basis for consideration in using discretionary authority in enforcing immigration law? This writing uses a qualitative empirical normative approach through data collection and analysis techniques. The results of the discussion show that the limits of discretionary authority in immigration, including immigration officials (PPNS) as executors of discretion, the purpose and scope of discretion must be in accordance with applicable laws and regulations, and the exercise of discretion must be carried out in accordance with technical administrative procedures in the Administrative law Government. The implementation of discretionary powers is based on the guidelines of the principle of legality and general principles of good governance as well as the effectiveness and alternatives of immigration administration. It was concluded that immigration law enforcement officers (PPNS) exercise discretionary authority using the principle of legality as a benchmark for implementation and based on juridical and non-juridical considerations. It is recommended to be monitored and implemented strictly to avoid abuse of power.

Copyrights © 2022






Journal Info

Abbrev

legal

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This ...