Abstract
This research analyzes the legal aspects of resettlement within the context of Indonesian law. First, it discusses the laws that related to the interaction between refugees and the Indonesian people. Second, this research will discuss how Indonesia applies Indonesian national law when it comes to the treatment of refugees during their period of resettlement. Third, this research will offer a proposal in regards to the structuring of national policy in terms of how the treatment of asylum seekers that have received refugee status as they await the process of resettlement. In cohesion to these three notions, this research utilizes a judicial-normative approach to analyze the doctrines as well as the requirements in international law as well as the concept and the opinions of scholars combine with rules found within national laws about the procedure of resettlement of a third party state for the refugees. By observing refugee camps in Jakarta, Medan and Kupang during 2016, it concludes that national immigration law in Indonesia is heavily embedded within the Law No. 6/2011 about immigration and the Director-General’s decision No. IMI-1489.UM.08.06 at the year 2010 about the handling of illegal immigrants. Further, this article argues on the need of regulatory measures in place in regards to the capacity of institutions in Indonesia in the handling of refugees so that more extensive coordination can be achieved in.
Highlights
Indonesia serves as a transit state for asylum seekers and refugees.1 This rolecan be traced back to the refugeesituation in Vietnam from the 1970s to the 1990s.2 Recent cases have emphasizedIndonesia’s role as a transit state for Rohingya asylum seekers and refugees, as well as thosefrom Afghanistan and other countries
This study argues that further research is needed on the implementation of national law with regard to immigration, in the treatment toward refugees that still reside in Indonesia during the process of resettlement to a thirdparty state
As a state that has not ratified the Convention on the Status of Refugees 1951 and Protocol of 1967 into its national law,4 Indonesia’s international obligations regarding the protection of refugees and/or asylum seekers is based on the principle of nonrefoulment.Indonesiamaintains its international obligations related to the protection of human rights5 as the country is a party to various international human rights instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the Convention on the Rights of the Child and Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment
Summary
Indonesia serves as a transit state for asylum seekers and refugees. This rolecan be traced back to the refugeesituation in Vietnam from the 1970s to the 1990s.2 Recent cases have emphasizedIndonesia’s role as a transit state for Rohingya asylum seekers and refugees, as well as thosefrom Afghanistan and other countries. Indonesia serves as a transit state for asylum seekers and refugees.. This study argues that further research is needed on the implementation of national law with regard to immigration, in the treatment toward refugees that still reside in Indonesia during the process of resettlement to a thirdparty state. This paper will discuss the regulation of Indonesian national law in the treatment of refugees during their period of resettlement. This paper will offer a proposal on the structuring of national policy with regard to asylum seekers that have obtained refugee status while waiting for the resettlement process. Establish a direct analysis of accommodation for the refugees that have obtained their status from the United Nations High Commissioner for Refugees(UNHCR) in Indonesia in Jakarta, Medan, and Kupang in 2016
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