16
Roni Sulistyanto Luhukay
The Struggle to Accept Rohingya Refugees ..
government should prioritize national
interest considerations when dealing with
Rohingya refugees. In addition, there must
be a firm stance on limiting the number of
refugees accommodated and the duration of
their temporary stay.
since the seventh century AD. Today,
approximately 600,000 Rohingya live in
Myanmar. The Rohingya are a Muslim
minority who have been living in
western Myanmar for centuries.
Despite having lived in Myanmar for
centuries, the Myanmar government
considers the Rohingya to be part of the
Bengali ethnic group, which is why they
are not recognized as one of Myanmar's
ethnic groups, preventing them from
obtaining Myanmar residency permits.
Since 1978, the Rohingya community
has faced a variety of human rights
violations, including genocide.24 The
Rohingya's freedom of movement is
severely restricted, and the majority of
them are not recognized as Myanmar
residents. Rohingya Muslims were also
expelled from Myanmar and killed;
their homes were burned down,
resulting in a large number of deaths,
including children and women.
The Myanmar government's gross
human rights violations against the
Rohingya constitute crimes against
humanity and have resulted in forced
evictions. Forced eviction here refers to
the use of systematic actions. The
Rohingya were subjected to ethnic
cleansing both structurally and legally,
which escalated into violence against
the Rohingya ethnic group. Civil
registration issues also arise for
Rohingya
children,
which
has
administrative implications because
they lack documents proving their
identity. Undocumented Rohingya
children become even more vulnerable
as they are forced to flee Myanmar in
search of refuge. Rohingya children face
few options for crossing international
borders
because
they
are
METHOD
In this study, the author employs
normative legal research, which focuses on
literature and law study. According to
Philipus M. Hadjon and Tatiek Sri
Djatmiati, normative legal research always
departs from the nature of legal science as
practiced in legal science.20 In accordance
with that, Peter Mahmud Marzuki
discovered that legal research, also known
as legal research, is legal research that
employs aspects of the approach, the
statutory
approach
(the
statutory
approach), and aspects of the conceptual
approach.21 The author of the statutory
approach (Statute Approach) describes the
hierarchy and principles of legislation,
conventions, and protocols.22 Furthermore,
in this study, the author employs aspects of
a conceptual approach, in which the author
attempts to describe legal concepts by
departing from the legal views of experts
and doctrines that emerge in science in the
field of law, both national and
international.23
RESULTS AND DISCUSSION
A. Legal Protection of Rohingnya
Refugees
in
Human
Rights
Perspective
The Rohingya are an ethnic group
in Myanmar. The Rohingya people
originated in the northern townships of
Rakhine State, which are also known as
Arakan, in Myanmar's western region
20
Hadjon, P. M., and Djatmiati, T. S. (2016). Argumen
Hukum, Surabaya. Gadjah Mada University Press,
Cetakan Ke 7, 2016, hal 3.
21
Ibrahim, J. (2010). Teori dan Metode Penelitian
Hukum Normatif, cet ke-3. Malang: Bayumedia
Publishing. Hal 93
22
Peter Mahmud Marzuki, (2005). Penelitian hukum,
Edisi Revisi, Jakarta, Kencana. Hal 136.
23
Ibid, hal 177.
24
ani, D. (2013). Peran office of the high commissioner
for human right dalam penyelesaian kasus genosida etnis
rohingya di myanmar (1978-2012). Jurnal Hubungan
Internasional, 1(2), 50. Hal 42