Pertanggungjawaban Hukum Pegawai non-Pejabat Imigrasi dalam Melaksanakan Pengawasan Keimigrasian dan Tindakan Administratif Keimigrasian

Legal Responsibility of non-Immigration Officials Officers in Carrying Out Immigration Supervision and Immigration Administrative Actions

The design of immigration laws and regulations grants immigration functions to officers with Immigration Official status. There are inefficiencies in the implementation of Immigration Functions, including Immigration Supervision and Immigration Administrative Actions, due to the limited number of Immigration Officials, resulting in the use of non-Immigration Officials Officers in the implementation of these strategic tasks in operational practice. This phenomenon raises legal issues regarding the authority and legal responsibility of non-Immigration Officials Officers. This study aims to examine and analyze the authority and the legal responsibility of non-Immigration Official Officers in carrying out Immigration Supervision and Immigration Administrative Actions based on immigration laws and regulations. The method used is normative legal research with a legislative and conceptual approach. The legal materials used consist of primary, secondary, and non-legal materials. The theoretical basis used includes the theory of authority and the theory of legal responsibility. The results of the study show that non-Immigration Official Officers are granted mandate authority from Immigration Officers/Heads of Immigration Offices through Immigration Supervision Orders. In the current mandate system, formal administrative responsibility is focused on the mandator (Head of Immigration Office), while non-Immigration Official Officers as mandate recipients may be subject to internal administrative responsibility through administrative sanctions in the form of disciplinary measures at low, medium, or high levels, depending on the nature of the violation.