Jurnal Ilmiah Living Law ISSN 2087-4936 Volume 17 Nomor 1, Januari 2025
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the national interests of the nation, where
national interests, according to Hans J.
Morgentahau, include, among others: first,
protection of physical identity in the sense
of being able to maintain its territorial
integrity; second, protection of political
identity in the sense of being able to
maintain its economic and political regime;
and third, protection of its culture in the
sense of being able to maintain its linguistics
and history. The national interest of a
country is the result of policymakers'
decisions, which can differ or even
contradict one another. National interest
can be defined as something beneficial to
the nation.5 As a result, Indonesian positive
law continues to function in accordance
with the spirit of the law. In line with this,
the ethnic humanitarian conflict in
Myanmar has forced the Indonesian people
to take new legal actions. Many Rohingya
refugees come to Indonesia under the guise
of seeking humanitarian protection.
Legal arrangements for dealing with
refugees from other countries. In
accordance with Article 3 of Presidential
Regulation 125/2016, the treatment of
refugees adheres to generally accepted
international standards and is in accordance
with applicable laws and regulations. It also
means that it is still based on the provisions
of laws and regulations that apply in
Indonesia for the handling of Rohingya
refugees, as coordinated by the Minister of
Political, Legal, and Security Affairs6 and
carried out within the framework of policy
formulation, that include:7
1) discovery;
2) shelter;
3) security; and
4) immigration control.
The refugee regulation is also based on
provisions relating to the grant of asylum to
Rohingya. If you observe to the Article 26 of
Law 37 of 1999 states that the granting of
asylum to foreigners is done in accordance
with national laws and regulations, as well
as international law, customs, and practices.
It also means that the community's laws and
customs continue to guide its acceptance of
Rohingya refugees. Aside from that, despite
having a positive refugee law, Indonesia has
yet to become a state party to the 1951
Convention and 1967 Protocol. The
Indonesian government's failure to ratify
the 1951 Convention and 1967 Protocol is a
strong indication that the country has no
special obligations on a national and
international level. If we look at the ratio of
laws that have not ratified the 1951
Convention on Refugees, among others,
according to the following:
1. Indonesia, as a developing country, is
economically and socially incapable of
implementing the 1951 Convention and
the 1967 Protocol. Furthermore, this
will be a new culture that may clash
with the existing culture in the
community. The current social issue is
that local Acehnese people refusing
Rohingya refugees because they are
believed to be incompatible with
existing customs and culture.
2. The consequences of ratifying the 1951
Convention and the 1967 Protocol
include Indonesia's obligation to carry
out the provisions of the 1967
Convention, for example:
a) Article 4 (freedom of religion);
b) Article 17 (right to work and
receive wages);
c) Article 21 (right to own a home);
d) Article 22 (right to education); and
others.
If we look at Indonesia today, there
is still a high rate of unemployment. In
addition to the demographic advantage,
today's workers continue to live in
poverty and are far from prosperous,
particularly in terms of home
ownership. Furthermore, the illiteracy
rate has not been reduced, necessitating
5
6
Yani, Bandung, (2017). Pengantar Ilmu. Hubungan
Internasional, PT Remaja Rosdakarya. Hal 17
Pasal 4 ayat (1) Peraturan Presiden Nomor 125 Tahun
2016 tentang Penanganan Pengungsi Dari Luar
Negeri (“Perpres 125/2016”)
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Pasal 4 ayat (2) Perpres 125/2016