Portraits in Indonesia: International Refugees Face Uncertain Future (A Study of International Refugee Law)

Kadarudin,

doi:10.25123/vej.2920

Cited by 3 publications

(2 citation statements)

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“…The ratification of the 1951 Convention and 1967 Protocol should be done in the form of actual legislation in line with what is required in that Convention (Kadarudin, 2018). The Convention governs the protection of human rights.…”

Section: Does Indonesia Have To Ratify the 1951 Convention?mentioning

confidence: 99%

A Dialectical Understanding of Refugee Problems in Indonesia: Humanitarian and State Sovereignty Perspective

Syahrin,

Mirwanto,

Qalandy

2023

lhqr

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The increasing number of refugees each year has caused the government difficulties in handling refugee issues. The absence of law concerning refugees in Indonesia has caused weak coordination between related institutions in field. In this paper will discuss what the urgency, relevance, and obstacles faced by Indonesia in the process of ratification of the 1951 Convention and 1967 Protocol. This research was carried out using a normative juridical approach, by examining a legal problem and resolving it through applicable laws and regulations. The urgency to ratify this Convention can strengthen the human rights institutions in the country, although this is not the only indicator for good human rights implementation. It is because some human rights norms are in fact also regulated in domestic legislation in the current reform era this. Indonesia can not exclude the existence of the International Convention on Human Rights. Even it is necessary to bring the domestic and international factors closer. The relevance to ratify this Convention will enhance the international accountability of a country through a more objective and civilized way. Meanwhile, in terms of legal technical considerations, the ratification will strengthen and enrich the national legal instruments so that it will better ensure the progress and protection of human rights better. Ratification can even be a shortcut to bring closer the existing gap between legal instruments at the international and national levels. Obstacles faced are categorized into two aspects, namely the security and legal aspects. The security aspect caused by refugees is often seen as a threat to the state. While the legal aspects of the law are caused by the absence of comprehensive rules in regulating the refugees and asylum seekers in positive law in Indonesia that can weaken the coordination between agencies in the field. As a lawbased country that highly appreciate human rights, ratification of The 1951 Refugee Convention and 1967 Protocol must be a priority. Both instruments are relevant, since the substance is not only heavily loaded with regulation about human rights but also in line with cultural values and norms in Indonesia. As such, the process of ratification needs to consider the country readiness, in terms of technical, political and legal aspects, since those aspects are sometimes challenging. On this matter, ratification is expected to narrow the gap between national and international instruments of law.

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Section: Does Indonesia Have To Ratify the 1951 Convention?mentioning

confidence: 99%

A Dialectical Understanding of Refugee Problems in Indonesia: Humanitarian and State Sovereignty Perspective

Syahrin,

Mirwanto,

Qalandy

2023

lhqr

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“…Many immigrants from the Middle East as well as Rohingya are trying to go to Malaysia, Singapore, or even Australia, and only use Indonesia, including Aceh, as a transit point to enter the following country (Kadarudin et al, 2018;Missbach, 2017). In fact, to enter and leave Indonesia to go to the following country, there is a smuggling business of immigrants carried out by local Acehnese and foreigners.…”

Section: Human Securitymentioning

confidence: 99%

The Legacy of Spice Route

Mu'aqaffi

Pranita

2022

JMB

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Panglima Laot is a cultural institution that has existed for a long time in Aceh. Starting in the 17th century, Panglima Laot consistently made an essential contribution to the coastal communities of Aceh, especially in preserving the marine environment by implementing and enforcing Adat Laot. While most research only discussed Panglima Laot's contribution to Aceh’s marine environment with its unique customary law, this research aspires to explore the role of Panglima Laot in the context of maritime security in Aceh. By utilising the maritime security matrix from Bueger, this study found that Panglima Laot contributed to realising four critical elements of maritime security: human security, marine environment, economic development, and national security. The contribution was obtained from the effective cooperation carried out by maritime security stakeholders in Aceh with Panglima Laot. These maritime security stakeholders are Aceh Regional Police, the Department of Maritime Affairs and Fisheries of Aceh Province, and the Indonesian Navy.

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The False Promise of Presidential Regulation No. 125 of 2016?

2021

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In this Introduction, Indonesia’s approach towards refugee protection is contextualized historically and regionally in light of the enactment of Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees (PR). In particular, we describe the legal and policy framework for refugee protection in Indonesia and analyze its underlying norms and values, including the constitutional right to asylum. We explain how the legal framework competes with Law No. 6 of 2011 on Immigration, which facilitates a discretionary, securitized, and ‘humanitarian’ approach to refugee policy, which is inconsistent with Indonesia’s legal responsibilities. In conclusion, we assess both the challenges and opportunities provided by the PR.

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Portraits in Indonesia: International Refugees Face Uncertain Future (A Study of International Refugee Law)

Cited by 3 publications

References 0 publications

A Dialectical Understanding of Refugee Problems in Indonesia: Humanitarian and State Sovereignty Perspective

A Dialectical Understanding of Refugee Problems in Indonesia: Humanitarian and State Sovereignty Perspective

The Legacy of Spice Route

The False Promise of Presidential Regulation No. 125 of 2016?

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