The Human Rights Protection for International Refugees in Indonesia

Abstract

The refugees in various parts of the world are victims of conflicts in their country and they are in a weak position both economically and weakly from the juridical aspect. The research is a normative legal research, and it is classified into a descriptive research. The results shows that the non-refoulement principle is a basic aspect of refugee law and has been developed to be the norm of jus cogens and the international customary law. However, normativelly, the legal instruments of refugees have been owned by Indonesia; just the handling of refugees is still not maximized. Indonesia is bound by the principle of non-refoulement because in addition to being preemptory norm or jus cogens and international customary law, the principle of non-refoulement has become the norm of ergo omnes, as well as Indonesia has ratified the Convention of Anti-Torture, IV Geneva Convention and the International Covenant on Civil Rights and Politics, all of which contain the consequences that Indonesia adhering to the principle of non-refoulement. Therefore, Indonesia should ratify the 1951 Convention on the status of refugees so that the handling of illegal immigrants can be resolved quickly.

Keywords: General Election, Election System, Indigenous Peoples, Noken