These Five Agencies Can Apply Prevention to Immigration

Immigration plays an important role in the passage of people into and out of Indonesia. Adhering to the principle of selective policy, Immigration refused entry to foreigners with problems and prevented Indonesian citizens with problems from escaping from Indonesia.

Based on the Minister of Law and Human Rights Regulation number 38 of 2021, in addition to considering the results of Immigration supervision and administrative action decisions, the Minister of Law and Human Rights carries out prevention based on decisions and requests from government agencies. Five of them are the Ministry of Finance, the Attorney General’s Office, the Indonesian National Police, the Corruption Eradication Commission, the National Narcotics Agency, or the head of an agency that has the authority to prevent.

Each agency is responsible for the decisions, requests, and Prevention orders it makes. Prevention is proposed by the head of the agency by submitting a decision, order, or request electronically or non-electronically to the Minister through the Director General of Immigration.

“Decision, order or request for prevention must contain the identity of the person subject to Prevention such as name; gender; place and date of birth or age; Photo; reason; and the period of prevention,” explained the Sub-Coordinator of Public Relations, Achmad Nur Saleh

. “In addition, other identities must be included, such as a NIK or if there is a valid passport number. Address, nationality, occupation, must also be listed as part of the identity.” Add Ahmad.

Prevention is valid for a maximum of six months and can be extended once with a maximum validity period of six months. A Precaution only applies to a single decision, order, or request for a Precautionary submission. If there is no decision to extend, then Prevention ends by law.

Passport Withdrawal Passports
from Indonesian citizens who are subject to prevention will be withdrawn by officers. If the Indonesian citizen is the holder of an ordinary passport, the withdrawal will be made by the immigration officer. However, if the Indonesian citizen is also the holder of an official or diplomatic passport, the officer from the Ministry of Foreign Affairs has the right to withdraw the passport so that it can no longer be used.

Prevention ended because of three things. First the set time period has expired. Second, prevention is revoked based on a written decision from the Minister or an official authorized to determine Prevention. Third, Prevention is revoked by the official who stipulates Prevention based on a decision of the state administrative court that has permanent legal force; or based on a court decision with permanent legal force declaring acquittal of the case which is the reason for the Prevention.

Penulis: Elyan Nadian Zahara
Editor: M. Fijar Sulistyo

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