Legal Protection Aspect of Refugees in Indonesia (Case of Rohingya’s Refugees)

Abstract

The problem of refugees is a classic problem that often arises in the history of civilization of mankind. Commonly, the reason of refugee is because of human rights violence in their state. According to data from the United Nations High Commissioner for Refugees (hereinafter abbreviated UNHCR) in January 2012 for example, there are 3275 asylum seekers and 1052 refugees, one of which is Rohingya refugees who fled to Indonesia. Since it has not ratified the 1951 Convention and the 1967 Protocol, the Government of Indonesia has no authority in addressing refugee issues. The authority to deal with refugees is given to international organizations such as UNHCR which is a UN organization, IOM, ICRC and various other humanitarian organizations or NGOs. However, the handling of this international organization has not been implemented optimally due to constraints. These constraints include limited funding, duration of placement to third countries, lack of adequate legal regulations, and immigration detention houses that exceed the capacity and treat refugees improperly.

Keywords: International Law, Refugee, Rohingya, 1951 Convention.