Author(s): Rizki Hari Wibowo, I Made Subawa, I Wayan Parsa and Made GDE Subha Karma Resen

Abstract: The easy immigration policy issued to win Indonesia in international tourism competition leaves the challenge of immigration control. 86.5% of foreigners visiting Bali use the Free Visa and Visa on Arrival (VoA) facilities to travel to Indonesia. Facing these challenges, in mid-2015, the Directorate General of Immigration issued the Foreigner Reporting Application (APOA) as easy access for accommodation owners to report the whereabouts of foreigners staying at their accommodation. APOA is expected to support tracking the whereabouts of foreigners. The legal basis for using APOA is Article 72 Paragraph (2) and Article 117 of Law Number 6 of 2011 concerning Immigration. The aim of this research is to analyze the juridical problems in the use of these two articles as a basis for the use of APOA. The research results show that: a) Materially, Article 72 Paragraph (2) and Article 117 are not appropriate to use as a legal basis for APOA utilization. These two articles regulate criminal acts, while the routine obligation to report the whereabouts of Foreigners through APOA is certainly not a criminal act; b) The owner of the accommodation is not the party responsible for the presence of foreign tourists. The concept of self-reporting is inherent in foreign tourists themselves. The failure to regularly report the whereabouts of foreigners through APOA cannot be blamed on the owner of the accommodation. Visa regulations in Indonesia facilitate foreign tourists and within a certain time limit they are not required to report their whereabouts to Immigration.

Pages: 192-200 | Views: 319 | Downloads: 95

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