Abstract
The problem of asylum seekers has become a global humanitarian issues. Demands regarding the handling mechanisms based on the values of human rights is getting stronger voiced by the international community. In the Southeast Asian region, the number of ethnic Rohingya asylum seekers has increased and has started to demand settlement in non-immigrant countries like Indonesia. Although Indonesia does not have international legal obligations to receive asylum seekers, constitutionally, Indonesia has an obligation to guarantee the right of everyone to obtain asylum which has been included in the constitution. In a global perspective, humanitarian issues on the handling of asylum seekers started to be driven into the handling model based on regionalism. Therefore, ASEAN's response to the issue of asylum seekers should start a discourse given the number of asylum seekers in Southeast Asia began to rise. This paper deals with the immigration policy on asylum seekers of Rohingya people in Aceh province of Indonesia who plight in 2015 “boat people crisis” with regionalism approach.
Highlights
The number of asylum seekers arriving in Indonesia in recent years continues to increase
For the case of Rohingya asylum seekers, the situation becomes very complicated because ASEAN as a regional organization in South-east Asia is slow to react, and does not have a regional mechanism to deal with asylum seekers in the member countries of ASEAN
Many ASEAN countries has already known as countries which have problem on serious violations of human rights caused by the cross-border movement of individuals across the region, including refugees, and asylum seekers who are moving in search of protection from persecution
Summary
The number of asylum seekers arriving in Indonesia in recent years continues to increase. In practice there is no legal framework that regulates the handling of asylum seekers in Indonesia, except for administrative policy rules in the Directorate General of Immigration (DGI), the Department of Justice (currently the Ministry of Law and Human Rights) namely Circular in 200274 and Directive in 2010 respectively.. If illegal immigrants are admitted as asylum seekers or indicated as victims of human trafficking, there will be a distinction in handling as opposed to other illegal immigrants, and there will be further coordination with UNHCR for sending immigrants to be sheltered in Detention Centers or other places (with the human rights approach).96 If they are asylum seekers, the Government of Indonesia will handle it in accordance with the principles applicable in the international convention on refugees such as the principle of non-refoulement, non-discrimination and other principles.. Such measure is expected to prevent, or at least reduce, people smuggling crimes committed against asylum seekers and refugees
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