ANALISIS SELECTIVE POLICY DALAM PEMBERIAN GOLDEN VISA DI INDONESIA BERDASARKAN ASAS MANFAAT DAN KEPENTINGAN NASIONAL

Abstract

Indonesian immigration law is built on a selective policy: the State reserves the authority to decide which foreign nationals may enter, stay, and receive immigration facilities on the basis of benefit and national interest, rather than as a general entitlement. Since 2023, the Golden Visa scheme under Ministerial Regulation Number 22 of 2023 on Visa and Stay Permits, as amended by Ministerial Regulation Number 11 of 2024, has offered five- to ten-year stay permits to selected categories of foreign nationals, most prominently investors. This article examines whether the design of the Golden Visa genuinely reflects a selective policy when measured against the principle of benefit and the principle of national interest. Using normative legal research with statute, conceptual, and policy approaches, the analysis builds a six-indicator framework of selective policy selection, eligibility, benefit, national interest, security, and supervision, and tests the Golden Visa regulation against it. The findings show that selectivity is strongly present at the admission stage through defined categories and investment thresholds, but weakens considerably beyond that point: the regulation lacks a measurable mechanism to verify that the promised economic, human-resource, or reputational benefits actually materialize once the facility is granted, and its conception of national interest leans heavily toward the economic dimension while the security, employment-protection, and strategic dimensions remain under-articulated. The article concludes that Golden Visa regulation should move from mere “selective admission” toward “selective admission accompanied by selective monitoring and evaluation,” through measurable benefit indicators and periodic evaluation of permit holders.