INTEGRASI SISTEM HUKUM ADMINISTRASI DAN HUKUM PIDANA DALAM PENANGANAN PELANGGARAN KEIMIGRASIAN

Abstract

Immigration law enforcement in Indonesia lies at the intersection between administrative law and criminal law. Both systems possess distinct characteristics and mechanisms; however, they are often applied in an overlapping manner in handling immigration violations. This article aims to analyze the forms of integration between administrative and criminal law systems in addressing immigration violations, as well as to identify obstacles and propose solutions to the existing legal disharmony. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that the application of administrative sanctions should be prioritized (primum remedium), whereas criminal law should be applied in a limited manner (ultimum remedium) to violations that have serious implications for national security. Integration between administrative and criminal law systems in the field of immigration is necessary through harmonization of legislation, establishment of integrated law enforcement guidelines, and improved inter- agency coordination. Consequently, the effectiveness of immigration law enforcement can be achieved without disregarding the principle of proportionality and the protection of human rights.