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18 Roni Sulistyanto Luhukay acknowledgment in the preamble of the 1945 Constitution of the Republic of Indonesia with the Universal Declaration of Human Rights 1948, which takes on national law and international law applicable in Indonesia, among others: a. Article 28A of the 1945 Constitution (which guarantees the right to life and the right to defend life) is the same as Article 3 of the Universal Declaration of Human Rights. b. Article 28D paragraph (1) of the Republic of Indonesia's 1945 Constitution (which guarantees the right to recognition, guarantees, protection, and certainty of a just law, as well as equal treatment before the law), is identical to Article 7 of the Universal Declaration of Human Rights. c. Article 28G paragraph (1) of the 1945 Constitution (which guarantees the right to selfprotection, family protection, honor, dignity, security, and freedom from fear of doing or not doing something) is identical to articles 1–6 of the Universal Declaration of Human Rights. d. Article 28G paragraph (2) of the 1945 Constitution (guarantees the right to be free from torture, which is consistent with Articles 5 and 6 of the Universal Declaration of Human Rights.) e. Article 29I paragraph (1) of the Republic of Indonesia's 1945 Constitution (which guarantees the right to life, the right not to be tortured, and the right not to be prosecuted under retroactive laws) is identical to Articles 1 through 7 of the Universal Declaration of Human Rights. f. Article 29 paragraph (2) of the Republic of Indonesia's 1945 Constitution (which guarantees the The Struggle to Accept Rohingya Refugees .. freedom to embrace religion and worship according to one's religion and beliefs) is identical to Article 18 of the Universal Declaration of Human Rights. g. Article 30 paragraph (1) of the Republic of Indonesia's 1945 Constitution (Every citizen has the right and obligation to participate in the defense and security of the country) is identical to Article 21 paragraph 1 of the Universal Declaration of Human Rights, which states that everyone has the right to participate in the government of this country. h. Article 31 paragraph (1) of the Republic of Indonesia's 1945 Constitution (the right of citizens to education) is identical to Article 26 paragraph 1 of the Universal Declaration of Human Rights regarding the right to education. i. Article 32 paragraph (1) of the 1945 Constitution of the Republic of Indonesia (the government promotes Indonesian national culture) contains the rights of citizens as stated in Article 27 paragraph 1 of the Universal Declaration of Human Rights, which are: Everyone has the right freely to participate in the cultural life of the community,to enjoy the arts and to share in scientific advancement and its benefits. j. Social welfare, as defined in Article 33 of the Republic of Indonesia's 1945 Constitution, particularly paragraph (3), guarantees citizens the right to the greatest possible social prosperity or welfare. This is the same as the Universal Declaration of Human Rights, among others: 1) Article 22 addresses the right to social security.

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The Struggle to Accept Rohingya Refugees in the Perspective of Law and Human Rights

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Rohingya Crisis

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Date Published: Jan 15, 2026

Abstract: The Indonesian people believe that protecting human rights is necessary for ethnic Rohingya seeking asylum in Indonesia, as part of their commitment to being a country that upholds the spirit of the constitution. Indonesia has sovereignty and has not ratified the 1951 Convention or the 1967 Protocol, but it is still subject to general international law standards that are accepted and recognized internationally. Indonesia has an international obligation to comply with the provisions of the convention and protocol, despite the fact that it has not ratified them. It should be noted that norms that have not been ratified into national law do not have absolute legal force, which means that international legal norms can be violated as long as national interest does not require it. The research employs normative legal research methods. This study delves deeper into the protection of Rohingya refugees' human rights as a humanitarian response with implications for societal injustice. This can be seen in the absence of obligations as the fulfillment of rights carried out by Rohingya refugees receiving benefits without burden, or Rohingya refugees taking in greater benefits from the Indonesian people without burden. Furthermore, there are implications for the destruction of the socio-cultural order in the form of inherited knowledge, norms, regulations, and skills among Indonesians. This can be seen in the behavior and actions of Rohingya refugees who do not maintain cleanliness, do not adhere to Islamic law and customs within the community, do not follow local norms and customs, and commit criminal acts of rape on minors.

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The Struggle to Accept Rohingya Refugees in the Perspective of Law and Human Rights

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