Abstract
There are 14 marriages that occurred between the Rohingyas and Indonesian citizens carried out in 2017. Only nine of them were reported to the refugees handling agency. Some have been made before coming to Indonesia and some after arrival. These situations resulted in legality problems of the marriage and its implications. The right to marry is fundamental in the life of human and is protected as human rights. However, Indonesia is not a signatory to the Convention on the Status of Refugees 1951 and has no legal mechanism to govern their marriages. Consequently, life for both asylum seekers and refugees is a relentless struggle and one of the significant challenges for them is in the area of marriage and family. This paper will discuss how Indonesian private international law provisions and the marriage law accommodate and protect the rights to marry stateless refugees in Indonesia. This paper primarily discusses the legal status of stateless persons and refugees amidst the lacuna in Indonesia. Noting the shift from the principle of nationality evident in case laws, this paper explores the possibility to use lex domicili as a surrogate connecting factor in determining the law applicable to stateless refugees’ personal status. In relation to marriage, subsequent validation (isbat nikah) could be the solution to ensure family unity. As the lack of valid documentation remains a challenge, the goodwill of the couple to enter into marriage and establish a family become the most important element.
Highlights
The people of Rohingya are considered as one of the minority groups who are most persecuted on the planet.1 Their status is stateless, even in their own country, because of the discriminatory arrangement actualized by the Government of Myanmar, when the ethnicity of Rohingya was prohibited from the list of 135 perceived ethnicities in Myanmar, through the alteration of the Burmese Citizenship Act in 1982.2 By virtue of being deemed stateless, the United Nations of High Commissioner of RefugeesTiurma M
According to the UNHCR Indonesia Monthly Statistical Report, Indonesia hosts 634 refugees originating from Myanmar by January 2020.4 This number includes approximately 5% of the total population of asylum seekers and refugees in Indonesia
This study focuses on the Marriage of Rohingya and Indonesian formed in Indonesia
Summary
The people of Rohingya are considered as one of the minority groups who are most persecuted on the planet. Their status is stateless, even in their own country, because of the discriminatory arrangement actualized by the Government of Myanmar, when the ethnicity of Rohingya was prohibited from the list of 135 perceived ethnicities in Myanmar, through the alteration of the Burmese Citizenship Act in 1982.2 By virtue of being deemed stateless, the United Nations of High Commissioner of Refugees. Namely the 1951 Convention and its 1967 Protocol to the Status of Refugees, the 1954 Convention relating to the Status of Stateless Persons, the 1966 International Covenant on Civil and Political Rights (ICCPR), 16 and the Universal Declaration of Human Rights (UDHR).17 This writing suggests what Indonesia could do in order to provide legal protection to the marriage between refugee and Indonesian citizens or amongst them in Indonesia, and to provide special administrative registration for refugees in regional level. As the lack of valid documentation remains a challenge, the goodwill of the couple to enter into marriage and establish a family become the most important element
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