Reformulating Multi-Layered Pre-Arrival Screening in Indonesia’s Immigration System: A Comparative Study with the United States

Abstract

The increasing mobility of foreign nationals resulting from globalization, technological advancements, and the expansion of international tourism has created both economic opportunities and immigration challenges for Indonesia. Although Indonesia applies the principle of selective policy as mandated under Law No. 6 of 2011 on Immigration, the continued rise in immigration violations, visa misuse, overstays, deportations, and detentions of foreign nationals indicates that existing screening mechanisms have not operated optimally. The current pre-arrival screening process, primarily regulated under Minister of Law and Human Rights Regulation No. 22 of 2023 concerning Visas and Stay Permits, remains largely dependent on document verification and interviews, creating limitations in detecting potential risks before foreign nationals enter Indonesian territory. This study aims to analyze the implementation of the selective policy principle in Indonesia, compare Indonesia’s pre-arrival screening mechanism with that of the United States, and formulate a multi-layered screening model to strengthen immigration control. This research employs normative legal research with descriptive-analytical and prescriptive approaches using statutory, conceptual, and comparative methods. Secondary legal materials consisting of legislation, academic literature, institutional reports, and policy documents are analyzed qualitatively. The findings reveal that while Indonesia possesses a strong normative foundation for implementing selective policy, its operational mechanisms remain less developed than the United States’ integrated pre-arrival screening system, which utilizes risk-based assessments, inter-agency data sharing, and technology-driven screening tools. This study proposes a multi-layered screening mechanism consisting of pre-test assessment, profiling interviews, and verification screening as a reformulation of Indonesia’s pre-arrival screening framework.