Abstract

<table width="583" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="371"><p><em>This article aimed to study about h</em><em>ow</em><em> </em><em>role of UNHCR in refugee protection</em><em> and </em><em> the legal protection for Rohingya refugees in Medan municipality</em><em>. </em><em>According to data from the United Nations High Commissioner for Refugees (hereinafter abbreviated to UNHCR) </em><em>since</em><em> January 2012, there were 3275 asylum seekers and 1052 refugees</em><em>. </em><em>Most refugees come to Indonesia with the hope of being permanently resettled elsewhere, often in America or Australia, but increasingly stringent immigration policies, massive underfunding and a lack of resources to sustain the influx of newcomers have left them stuck here.</em><em> </em><em>This research uses a sosio-legal research with statute approach, conceptual approach, and case approach. </em><em>There are several provisions regarding refugees, but none have specifically discussed the handling of refugees in Indonesia. The positive law of immigration in Indonesia does not contain any special provisions (lex specialis) for asylum seekers and refugees. Because Indonesia has not ratified the 1951 Convention and 1967 Protocol, the Indonesian government does not have the authority to deal with refugee problems. The authority to handle refugees is given to international organizations such as UNHCR which is a UN organization, IOM, ICRC and various other organizations or NGOs engaged in the humanitarian sector. However, the handling of this international organization has not been implemented optimally due to obstacles</em><em></em></p></td></tr></tbody></table>

Highlights

  • The protection of international refugees stems from an understanding of human rights in general that every human being has the same rights and obligations

  • We can see this from the 1945 Constitution of the Republic of Indonesia (Wagiman, 2012), the second principle of Pancasila which reads "just and civilized humanity", and the fourth paragraph of the opening of The 1945 RI Constitution and its amendments, as well as the Law No 39 of 1999 on Human Rights, which clearly stated that the government of the Republic of Indonesia appreciates the protection, enforcement, fulfilment and advancement of human rights (Andi Ulfah Tiara Patunru, 2014: 67)

  • There are several provisions regarding refugees, but none have discussed the handling of refugees in Indonesia

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Summary

Introduction

The protection of international refugees stems from an understanding of human rights in general that every human being has the same rights and obligations. The laws governing the treatment of refugees depart from international law regarding human rights. Talking about refugees cannot be separated from discussing human rights. Indonesia is the largest archipelago country in the world, consisting of 17,508 islands. Indonesia's strategic location makes Indonesia has an obligation to accept the consequences of being an open area to the outside world, especially those bordering the nearest country. This impact is Yustisia Volume 9 Number 2 (May-August 2020)

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