Asylum Seekers In Indonesia Research Articles

Exploring International Legal Challenges For Unhcr In Dealing With Rohingya Refugees In Aceh, Indonesia

The difficulties the UNHCR has managing Rohingya refugees in Indonesia are the main topic of this article. This article focuses on the challenges faced by the United Nations High Commissioner for Refugees (UNHCR) in managing Rohingya refugees in Indonesia. As the primary international agency tasked with refugee management globally, the UNHCR plays a crucial role in preventing statelessness, determining refugee status, and providing comprehensive remedies. However, the study reveals that despite receiving approval from the Indonesian government to operate, the UNHCR encounters difficulties in fulfilling its mandate to assist Indonesia's ethnic Rohingya refugees. This limitation is attributed to the escalating number of asylum seekers in Indonesia requiring aid. The research utilizes content analysis to delve into UNHCR's struggles with Rohingya refugees, gathering and analyzing various sources such as reports, studies, news, and policies related to Rohingya refugees in Aceh. Through this method, the study uncovers patterns and challenges encountered by the UNHCR, including managing crises and navigating international and local cooperation. Ultimately, this research provides a detailed understanding of the complexities surrounding the Rohingya refugee crisis in Aceh.

Government Policy in Handling Rohingya Refugees Based on Maṣlaḥah Mursalah Perspective

This research aims to analyze the Indonesian government's policy towards Rohingya refugees based on the maslahah mursalah perspective. Various polemics that occurred due to the continuous influx of refugees, giving rise to a negative stigma in society. This research uses a descriptive analysis method based on data sources in the literature review. The result shows that the Indonesian government's policy towards Rohingya refugees is appropriate based on the maṣlaḥah mursalah perspective. Therefore, efforts that Indonesia can make are to fulfill the rights of the Rohingya people only when they become refugees or asylum seekers in Indonesia. Rights that can be fulfilled as maṣlaḥah include: 1) freedom of religion, the right to live and be free from fear (maintenance person) in this case Indonesia has built an Integrated Community Shelter as a place to live for Rohingya refugees and built a mosque or place of worship for Rohingya ethnic Muslims named the Arakan’s mosque; 2) Fulfilling the guarantee of safety, guaranteeing human honor; 3) The right to maintain one's tribe or ethnicity, the right to marriage to raise offspring; 4) The right to education (maintenance of mind); 5) The right to obtain a decent living by being given the opportunity to earn a living (property maintenance).

The Role of Kupang Class 1 Immigration Office in Handling Illegal Imigrants in East Nusa Tenggara

The presence of foreigners both as Illegal Immigrants or Refugees and Asylum Seekers in Indonesia has increased each year. This causes the function of immigration control and enforcement to enforce immigration law becomes very important. The Kupang Class I Immigration Office is one of the immigration technical implementing units that implements policies and technical standardization in the field of immigration in the East Nusa Tenggara. The number of immigration actions carried out by the Kupang Class I Immigration Office tends to decrease from 2010 to 2015. However, the number of actions taken is still quite high. In carrying out its duties and functions, the Kupang Class I Immigration Office encountered problems in terms of the quantity of human resources. This causes not optimal handling of illegal immigrants. This study aims to determine the role of Class I Immigration Kupang in handling illegal immigrants and forms of coordination between agencies in the province of East Nusa Tenggara. This research method is empirical legal research. The data used in this study consisted of secondary data and primary data. The results showed that in handling illegal immigrants, the Kupang Class I Immigration Office carried out four roles, namely the role of discovery, the role of shelter, the role of security and the role of immigration control. This role is not carried out independently but involves other parties such as the Police, Indonesian Army, Regional Government and so on. The form of coordination carried out by the Kupang Class I Immigration Office with other agencies involved in handling illegal immigrants is the formation of the PORA Team and the implementation of coordination meetings. It is recommended that the Immigration Office need to increase socialization to related agencies regarding Presidential Regulation Number 125 of 2016 on Handling Refugees from Overseas, making community houses under the coordination of the PORA Team.

The Dilemma of Hospitality: Revisiting Indonesia’s Policy on Handling Refugees Under International Law

Presidential Regulation No. 125 of 2016 is the first regulation that provides a normative framework to manage refugees and asylum seekers in Indonesia. However, many scholars believe that this regulation is simply an institutionalization of several existing informal practices, and it does not introduce any substantive changes to ensure refugee protection. This paper analyzes the content of the Presidential Regulation, including its background, structure, wording, and its aims. In addition, this study identifies the limits of the regulation in fulfilling, protecting, and respecting human rights based on the international human rights instruments. This article contends that the Presidential Regulation portrays what I call dilemma of hospitality. It reflects on the one hand, the regulation welcomes the refugees by providing mandates to the authorities to rescue those stranded at sea and to provide accommodation during their stay. On the other hand, the regulation implies a kind of distrust to the refugees—treating them as a threat, limiting their movement, and forbidding them from work. The dilemma by and large affects the effective fulfillment of the rights of the refugees. This study offers some policy recommendations.

Perspektif Hukum dalam Perlindungan Hak Asasi Manusia terhadap Pengungsi (Refugees) dan Pencari Suaka (Asylum Seekers) di Indonesia Dalam Penanganan Pengungsi di Luar Negeri Pada Masa Pandemi Covid-19

The form of a state is the basis of one of the state instruments whose threats originating from external to the state must be considered. With state security instruments originating from external threats, it is necessary to have cooperation from various state instruments, both institutions that are under the auspices of the executive, legislative and judicial tasks. One of the instruments of state institutions that have security and carry out these tasks is the Directorate General of Immigration, which apart from the services of Kei, Law Enforcement and Facilitator of Community Welfare Development, one of the functions referred to in the above discussion is the state. The legal basis held by Immigration is Law Number 6 of 2011 concerning Immigration and several other legal instruments for security and other supervision. The Directorate General of Immigration detected several other agencies related to the duties of state security instruments. The state problems that have occurred in Indonesia related to security lately are the presence of a population of Refugees and Asylum seekers in Indonesia, the largest number of Refugees (Refugees) in Indonesia are Refugees who come from Afghan citizens. The reason the country has many large-scale refugee movements is because the country has reached an internal conflict in their country, and there are many phenomena of human rights violations such as violence, and inequality against women which is a basis for the freedom of a person's rights. The State of Indonesia legally and legally does not handle problems against Refugees (Refugees) because the State of Indonesia does not have the 1951 convention and the 1962 Protocol in Geneva, Switzerland which intensively discusses the handling of Refugees which was adopted by the United Nations as a form of elaboration of the United Nations (UN) Charter. and the Universal Declaration of Human Rights, in which the agreement intends to address and address the problems of Refugees, whether from threats of violence, rebellion, murder for various reasons due to ethnicity, race, religion and other political interests.

PERSIMPANGAN DILEMA PENANGANAN PENGUNGSI ASING DI INDONESIA PASCA PENERBITAN PERPRES NO. 125 TAHUN 2016

This article aims to unravel the issues of the threat of waves of refugees and asylum seekers in Indonesia. The concept of non-traditional security is adopted in this study as a framework for analyzing social problems of refugees and asylum seekers that have an impact on national security and interests. This research uses descriptive-qualitative analysis method to draw a common thread of threats that may arise along with the implementation of Presidential Decree no. 125 of 2016 concerning Handling of Refugees from Overseas. Referring to the results of data analysis, this study draws four reasons for the possible consequences of the wave of refugees in Indonesia, including: the regulations in Presidential Decree no. 125 of 2016 with other laws and regulations, the dilemma of unlimited stay permits, and the lack of budget allocations for sustainable handling of refugees.

The Echoes of International Human Rights Law: In Perspective of Law Enforcement Dimension to Deal with Irregular Immigrants in Indonesia

International human rights laws in the forms of United Nations Statues, International Conventions, Universal Declaration on Human Rights and other international law instruments have highlighted a guarantee of humanitarian protection which echoing human rights components without exception inborn to human being in particular refugees as the subject of international law. In managing minimum standard of rights and duties of a refugee and the judicial status of refugee under the protection of UNHCR and IOM humanitarian efforts within Indonesian territorial jurisdiction it is required the all of refugees and asylum seeker abide to national regulation and legislation formats while they are residing temporarily in Indonesia Until currently, the policies of Indonesian Government in dealing with and handling or doing management efforts for the arrival of refugees and asylum seekers in Indonesia, have not emerged yet. Considering the challenge on how to deal with asylum seekers and refugees be categorized as irregular immigrants, this issue needs mitigation effort by formulating the Directorate General of Immigration’s policy to be more focus and comprehensive to cope with adverse negative impacts of the existence of illegal immigrants undergoing to the matters of ideology, politics, economy, social cultural extend, national security and immigration compliance.

The Dilemma of Handling Asylum Seekers and Illegal Migrants: Expectation and Reality

The number of refugees and illegal migrants fleeing to Indonesia keeps growing significantly since Indonesia poses as a strategic place for a temporary stop before their main destination. This surely brings about predicaments to Indonesia. Against that background, this research aims toanswer the question of "How does the Indonesian government respond to the illegal migrant and refugees problem through the Immigration Detention Center (Rudenim) Semarang in Central Java?". This research is an explanatory research, where both primary and secondary data are used to support the findings. Through a qualitative approach, this research foundthat the government has responded to illegal migrant and refugees problems in a quite excellent manner such as the establishment of rumah detensi imigrasi (rudenim) or detention house and other forms of international cooperation. However, asylum seekers in Indonesia are not fully protected due to some factors such as the lack of regulation, the long-waiting period for the permanent placement and the lack of basic needs.Lastly, the situation only got worse because of the IOM and UNHCR support is still not optimal.

Repatriation for Rohingya asylum seekers in Indonesia: a durable but almost impossible solution

Rohingya are among multiple refugees and asylum seekers who have arrived in Indonesia without any certainty of their futures. For most Rohingya refugees, Indonesia is a transit country, where they register with the United Nations High Commissioner for Refugees Refugee Agency before being allowed to relocate to third countries. Indonesia did not sign the 1951 Convention on Refugee Status and does not officially accept refugees for permanent resettlement. Refugees and asylum-seekers reaching Indonesia arrive there in several circumstances. Some are fleeing oppression, others have run out of money, others are involved in human-trafficking, and still others have become stranded on Indonesia’s beaches. There are three options for Rohingya people stranded in Indonesia: repatriation to Myanmar, reintegration to Indonesia, or seeking asylum in third countries (resettlement). However, the Indonesian government believes that a durable solution for the Rohingya in Indonesia is repatriation or resettlement. Based on historical traces and international law, Rohingya should have the absolute right to return to Myanmar. However, in practice, this is difficult. The attitude of the Myanmar regime, distrust of the Rohingya people toward Myanmar’s government, and lack of support from neighboring ASEAN countries are among the reasons why this option is particularly challenging.

The Role of Social Worker in the Context of Refugees and Asylum Seekers Rights in Indonesia

The plight of refugees and asylum seekers has been a trending issue of critical importance for social workers in Indonesia. At the end of February 2018, the public was overwhelmed by mass media coverage of the large number of refugees living on the streets in front of the Immigration Office in Jakarta. Their existence needs to be noticed by the government in particular and all parties in general. In fact, many of the difficulties experienced by refugees and asylum seekers in Indonesia, but the most felt is due to the issue of legal status and limitations in the language of communication, they can not access public services such as health care, education, work, and others. The plight of them must necessarily be a very important concern for social workers in Indonesia, as it may create new social problem. Social workers work to uphold the dignity of all those refugees and asylum seekers including unaccompanied minors (UAM) and to work with them for successful social functioning. This paper explores available integrative literature, quantitative document analysis, and presents mixed methodology through individual interviews and an exploratory study to analyze social workers’ role to respond the various issues faced by today’s refugees and asylum seekers rights as well as potential way for being supporting document as a policy framework for Indonesian government to ratify the 1951 Refugee Convention.

LEGAL DIALECTICS OF INTERNATIONAL REFUGEE MIGRATION DETERMINATION IN INDONESIA


 
 Indonesia is not a state party to the 1951 Convention. There are no rights and obligations attached to Indonesia for the problem of asylum seekers and seekers. Their existence will be caused by community culture. The research method used is a normative legal approach by analyzing various laws in order to get a clear answer. Based on the results of the discussion, income is referred to as follows. (i) The existence of refugees and asylum seekers in Indonesia has a negative impact on the social conditions of the Indonesian people, in the form of illegal marriages, unclear children's status, children losing civil rights. In addition, refugees often create chaos in the community, due to differences in language and culture. (ii) Legal efforts made by the Directorate General of Immigration in matters and solutions by Government Regulation Number IMI-1489.UM.08.05 of 2010 concerning Handling of Illegal Immigrants and continuing to coordinate with UNHCR for resettlement to third countries.
 
 

Outsourcing control: the International Organization for Migration in Indonesia

ABSTRACTThe International Organization for Migration (IOM) receives considerable funding from the Australian government to undertake a variety of migration control operations in Indonesia. In this article, we highlight how the IOM’s migration management operations aim to target asylum seekers, control their movement, and prevent their arrival on Australian shores. IOM Indonesia’s approach involves the detention of irregular migrants, the return of asylum seekers and refugees to their countries of origin, the strengthening of Indonesia’s border controls, and public information campaigns to dissuade people from taking boats to Australia to seek asylum. We argue that these tactics frequently compromise the rights of asylum seekers and refugees in Indonesia by prioritising Australia’s geopolitical deterrence agenda. Such activities present a contradiction with the IOM’s closer relationship with the United Nations since 2016, which we critique as ‘blue-washing’: creating the impression of a humanitarian organisation while simultaneously carrying out migration control activities on behalf of donor states of the global north. We draw upon financial records, freedom of information requests and previous scholarship on asylum seekers in Indonesia to critique the IOM’s activities across Indonesia.

The May 2015 boat crisis: the Rohingya in Aceh

The 2015 discovery of mass graves in Thailand’s Sadao district, on the border with Malaysia, led to a crack-down on people smugglers by the Thai and Malaysian authorities. Thousands of Rohingya (as well as Bangladeshi migrants) were left stranded in the Andaman Sea as smugglers abandoned their human cargo. Initially pushed back by the Thai, Malaysian and Indonesian navies, it was only after Indonesian fishermen rescued three boats that approximately 1,800 people were permitted to disembark in Indonesia’s Aceh province. The crisis in the Andaman Sea brought into sharp relief the fact that the South East Asia region lacks even the most basic regional protection (or cooperation) framework. While some states are still reticent, there have been attempts to improve government collaboration as demonstrated recently in the March 2016 Bali Declaration on People Smuggling, Trafficking in Persons, and Related Transnational Crime. This paper examines, however, how the ad hoc approach by Indonesia’s regions, in particular Aceh, to the treatment of the Rohingya who arrived in Aceh in May 2015, works against a comprehensive, national, rights-based approach to protect those seeking asylum in Indonesia. The paper explores the reasons why Aceh chose not to engage with the established practices for the treatment of asylum seekers in Indonesia and the human rights impacts this has had on those rescued. It concludes that the current situation in Aceh is not sustainable. The treatment of refugees in Aceh should be included in a broader national approach, commensurate with the treatment of refugees and asylum seekers throughout Indonesia, particularly if Indonesia is to develop a structured, rights-based approach to those seeking protection. This would then play a significant role in any future regional protection framework.

The myth of transit: the making of a life by asylum seekers and refugees in Indonesia

ABSTRACTAn increasing number of migrants are living in a state of indefinite ‘transit’. In this paper, we report on interviews conducted in 2009 with 59 refugees and asylum seekers in Indonesia and describe how these individuals make a life despite their circumstances. While all participants were deeply affected by their position of uncertainty and insecurity, most sought to transcend these conditions and pursue significant life projects such as getting married, having children, becoming part of the local community, and working towards a better future. The current conceptualisation of transit as life in limbo does not wholly account for such permanent, life-changing experiences. We analyse the reasons why the use of the term ‘transit’ persists in international policy settings despite its incongruities, arguing that its ongoing political valence overrides its conceptual flaws.

Exporting Detention: Australia-funded Immigration Detention in Indonesia

Since 2000, Australia has provided significant levels of funding and resources to encourage Indonesia to use immigration detention to deter asylum seekers from making the onward journey to Australia. In this way Australia has effectively extended its domestic policy of immigration detention beyond its own national borders. The provision of Australian funding for detention in Indonesia has resulted in an increased propensity of Indonesian officials to detain. This article examines the outcomes and implications of this transfer of immigration detention policy for asylum seekers and refugees in Indonesia. It draws on interviews conducted with individuals who have spent time in Indonesia’s immigration detention centres, and Indonesian immigration officials, to assess the conditions of the detention centres. The particular arrangement between Australia and Indonesia, however, fails adequately to protect the human rights of immigration detainees. Ultimately, the detention of asylum seekers in Indonesia serves as one more barrier to finding effective protection in the Asia-Pacific region.

Australian funded care and maintenance of asylum seekers in Indonesia and Papua New Guinea : all care but no responsibility?

The different Regional Cooperation Agreements (RCAs) that Australia has prevalent for the care and maintenance of asylum seekers in Indonesia and Papua New Guinea are discussed. The realization that it is theoretically accountable under international law for the impacts that the RCAs have on the human rights of asylum seekers will hopefully have an impact on Australia's future conduct.