Analisis Ultra Vires dalam Pengawasan Investasi WNA Israel Berbasis Harmonisasi Kewenangan Pemerintah Daerah Bali dan Imigrasi

Abstract

The increasing mobility and investment activities of foreign nationals (WNA) affiliated with Israel in the Province of Bali have triggered complex issues in constitutional and administrative law. This phenomenon becomes more complicated when Israeli nationals enter Indonesia using dual passports, such as passports issued by European countries, in an attempt to circumvent immigration restrictions. Geopolitical sensitivities have prompted local public demands for the Bali Regional Government to take firm action to regulate the presence and business activities of such foreign nationals. However, unilateral action by the Regional Government may potentially exceed the limits of its legal authority. This normative legal research aims to examine the limits of applying the ultra vires doctrine to actions taken by the Bali Regional Government and to formulate a framework for harmonizing the respective authorities of the Bali Regional Government and the Directorate General of Immigration. This research employs a statutory and conceptual approach by analyzing the norms contained in the 1945 Constitution of the Republic of Indonesia, the Regional Government Law, the Immigration Law, and the Government Administration Law. The findings indicate that actions by the Bali Regional Government that directly restrict residence permits or prohibit the presence of foreign nationals holding dual passports constitute acts exceeding authority (ultra vires), as immigration affairs and foreign policy fall under the exclusive authority of the Central Government. Nevertheless, the Bali Regional Government retains the authority to take action against violations concerning spatial planning, regional licensing, illegal asset ownership through nominee arrangements, and disturbances of public order. Harmonization of authority can be achieved through integrated law enforcement within the framework of the Foreigners Monitoring Team (TIMPORA).