SINKRONISASI ANTARA UNDANG-UNDANG KEIMIGRASIAN DAN UNDANG-UNDANG PEMASYARAKATAN TERHADAP KEPASTIAN HUKUM DALAM PENANGANAN ORANG ASING

Abstract

This study aims to analyze the regulatory synchronization between Law Number 6 of 2011 on Immigration and Law Number 22 of 2022 on Corrections in governing the treatment of foreign nationals who have completed their criminal sentences and are subsequently subjected to immigration administrative measures in the form of immigration detention pending deportation. It also examines the legal implications of regulatory inconsencies for the protection of the human rights of foreign nationals after the completion of their sentences. This research employs a normative juridical method using statutory and case approaches. The findings reveal a regulatory gap during the transitional phase of authority transfer from Correctional Institutions to Immigration Detention Centers, resulting in legal uncertainty due to the absence of a statutory maximum period for administrative detention under the Immigration Law. This condition has the potential to undermine the principles of legal certainty and human rights protection. Therefore, regulatory reform is necessary through the establishment of clear transitional provisions, the imposition of a maximum detention period, and the strengthening of integrated cross-sector judicial oversight to ensure legal certainty and safeguard the human dignity of foreign nationals.