Jurnal Ilmiah Kebijakan Hukum
Vol 20 No 2 (2026): Edisi Juli

Orientasi Fiskal dalam Penegakan Hukum Keimigrasian: Antara PNBP, Tindakan Administratif Keimigrasian, dan Proses Peradilan Pidana

Masdar Bakhtiar (Polytechnic of Immigration of the Ministry of Law and Human Rights of the Republic of Indonesia)
Awaluddin Kadriah (Directorate General of Legal Administrative Affairs)
Muhammad Yusuf (Polytechnic of Immigration of the Ministry of Law and Human Rights of the Republic of Indonesia)



Article Info

Publish Date
31 Jul 2026

Abstract

This study examines the shift in Indonesia's immigration law enforcement from a sovereignty-based approach toward fiscal orientation, reflected in revenue-oriented enforcement whereby legal instruments increasingly optimize Non-Tax State Revenue (PNBP). This study aims to identify the interrelation between State Budget Allocation (DIPA) design and PNBP targets with enforcement instrument selection, particularly between Immigration Administrative Actions (TAK) and criminal proceedings, and their implications for immigration's selective function and national security. Using a normative-empirical approach, this study analyzes immigration regulations comparatively alongside empirical data from the Directorate General of Immigration's Performance Reports, Ministry Annual Reports, DIPA documents, and in-depth interviews with Technical Implementation Unit officials, applying the economic analysis of law framework. Findings reveal that TAK escalation correlates with PNBP increases while criminal proceedings simultaneously decline, indicating fiscal orientation dominance. Budget analysis uncovers a structural disincentive toward criminal proceedings stemming from DIPA asymmetry between service and enforcement functions, reinforced by PNBP codification as an institutional performance indicator, rationally driving officials toward TAK. This condition weakens immigration's selective function and elevates national security risks. This study recommends revising the immigration DIPA to proportionally increase enforcement budgets and issuing technical guidelines tightening TAK discretionary criteria to rebalance revenue and sovereignty functions.

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Journal Info

Abbrev

kebijakan

Publisher

Subject

Description

Focus and Scope The focus of this journal is legal policy (in Indonesia) which can be derived from the results of research, studies and legal reviews. The scope of this journal includes but is not limited to: Correctional policy; Immigration policy; Legislative policies; Intellectual property ...