<![CDATA[This study aims to analyze problems with immigration risk assessment from the perspective of state sovereignty and to propose a reconstruction of legal arrangements to prevent the overcriminalization of foreign nationals. The method used is a normative juridical approach, with a statutory and conceptual analysis, based on Law Number 6 of 2011 concerning Immigration, Law Number 30 of 2014 concerning Government Administration, and Regulation of the Minister of Law and Human Rights Number 2 of 2024. The results show that the immigration risk assessment system in Indonesia has shifted to a security-based approach through the Clearance House mechanism and IPOLEKSOSBUDHANKAM parameters, but it still contains normative weaknesses, including extensive discretion, the absence of objective standards, and minimal accountability mechanisms. These conditions have the potential to give rise to overcriminalization practices through generalization of risks based on country of origin, which contradicts the principles of legality, non-discrimination, and due process of law. Therefore, legal reconstruction is needed through limiting discretion, standardizing risk assessments, strengthening the objection mechanism, and reformulating risk parameters to be more measurable and operational. This research proposes an accountable, risk-based immigration model to realize an immigration system that balances state sovereignty and human rights protection.]]>
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