PERBAIKAN TATA KELOLA PENGATURAN KEMUDAHAN IMMIGRATION CLEARANCE DALAM PENINGKATAN KUNJUNGAN KAPAL WISATA YACHT ASING DI INDONESIA

Abstract

This study aims to comprehensively identify the problems arising from the implementation of immigration clearance for foreign yachts in Indonesia and to formulate recommendations for improving regulations to enhance and increase the effectiveness of immigration services for foreign yachts in Indonesia. Presidential Regulation Number 10 of 2025 creates a legal vacuum regarding yachts and violations of the prohibition on commercial yachts, leading to various problems.

This study uses a juridical-empirical legal method, combining regulatory analysis, literature analysis, and interviews with immigration officers and harbormasters regarding the implementation of immigration clearance at Marina Benoa and Marina Jakarta. The data were analyzed qualitatively using a legal, sociological, and Regulatory Impact Assessment (RIA) approach to assess the legal implications and formulate immigration clearance policies. Conclusions were drawn using a deductive method to generate more definitive and effective policy recommendations.

The research results show that, first, regulations regarding the implementation of immigration clearance for foreign yachts in Indonesia have not been able to provide certainty and fairness in the service and oversight of foreign yacht immigration clearance due to the use of multi-interpretable legal terms and phrases in other related regulations and violations of the prohibition on the commercialization of foreign yachts. This has led to differing interpretations among crew members and passengers regarding stay permits, resulting in the entry of foreign yacht tourists without a secure stay permit. Second, the RIA analysis indicates the need to revise Presidential Regulation Number 105 of 2015 by adding SOPs, appointing Pelindo as marina managers, appointing Harbor Masters as inspection coordinators, and regulating permits for the commercialization of foreign yachts. This can strengthen legal certainty and increase accountability for immigration services for foreign yachts.