Jurnal Ilmiah Living Law ISSN 2087-4936 Volume 17 Nomor 1, Januari 2025 15 conceptual reconfiguration of state power that, while distinct, maintains the state as the central actor in the international system. According to this argument, the state continues to be the primary source of power and law in the international system, albeit in a disaggregated manner.”14 It also means that, for information, all states, including those that have not ratified the 1951 Convention and 1967 Protocol, are required to uphold refugee protection standards that have become part of general international law because the convention has become jus cogens (a general international law norm accepted and recognized by the international community as a whole),15 and no refugee can be returned to a region where his life or freedom is in danger.16 Indonesia retains sovereignty and did not ratify the 1951 Convention or the 1967 Protocol, but it is still bound by general international law norms accepted and recognized by the international community as a whole. As a result, even though Indonesia did not ratify the convention and protocol, the country still has an international obligation to comply with these regulations, albeit not completely. However, this does not imply that the Indonesian government must prioritize national interest considerations in managing Rohingya refugees, who have been supported by the United Nations High Commissioner for Refugees (“UNHCR”), a global refugee agency mandated by the United Nations to protect refugees and support refugees in finding solutions to the plight of international refugees.17 Although Indonesia is not yet a signatory to the 1951 Convention and 1967 Protocol, nor does it have a refugee status determination system, the government has authorized UNHCR to carry out its refugee protection mandate and deal with refugee issues in Indonesia. The UNHCR's protection begins with making sure that refugees and asylum seekers are protected from refoulement (forcible return to their place of origin where their life or freedom is threatened or they face persecution). Refugee protection also includes the process of verifying the identities of asylum seekers and refugees in order for them to be registered and issued with individualized documentation. In the case of Rohingya refugees in Indonesia, UNHCR Indonesia assists the government with solving refugee issues and developing solutions for refugees. During the Rohingya refugees' stay in Indonesia, UNHCR works with the authorities to ensure that their needs are met and that they can live in dignity.18 The struggle for acceptance of Rohingya refugees is also present in the community. Atip Latipulhayat, who argues that the Indonesian government is responsible for handling Rohingya refugees in order to comply with humanitarian principles, international legal instruments, and Presidential Regulation 125 of 2016, sees both pros and cons to this approach. In addition, Indonesia follows the Pancasila ideology, which is based on the spirit of humanity.19 However, Hikmahanto Juwana disagrees, arguing that the Indonesian 14 17 Raustiala, K. (2002). The architecture of international cooperation: Transgovernmental networks and the future of international law. Va. J. Int'l L., 43, 1. Hal. 11 15 Fattah, V. (2017). Hak asasi manusia sebagai jus cogens dan kaitannya dengan hak atas pendidikan. Yuridika, 32(2), 352. Hal. 355 16 Afriandi, F., and Nizmi, Y. E. (2014). Kepentingan indonesia belum meratifikasi konvensi 1951 dan protokol 1967 mengenai pengungsi internasional dan pencari suaka. Transnasional: Jurnal Ilmu Hubungan Internasional Universitas Riau, 5(2),1-13 Setiyono, J. (2022). Kontribusi UNHCR dalam penanganan pengungsi internasional di Indonesia.. Jurnal Masalah - Masalah Hukum, Vol. 46, No. 3. Hal. 280 18 14 Fakta Mengenai Pengungsi Rohingya, UNHCR Indonesia, yang diakses pada Kamis, 7 Desember 2023, pukul 01.24 WIB 19 Andistan, M. A. A. P., and Zulfikar, A. (2018). Indonesian government challenges in ratification of the international convention on refugees. The Journal of Islamic Studies and International Relations, 3(1), 3144.Hal. 34