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Roni Sulistyanto Luhukay
The Struggle to Accept Rohingya Refugees ..
The Struggle to Accept Rohingya Refugees in The Perspective of Law and
Human Rights
Roni Sulistyanto Luhukay
Jurnal
Ilmiah
Living Law,
Vol. 17, No.
1, 2025, pp.
12-25
Institution and Address: Faculty of Law, Widya Mataram
University
Correspondence: Roni Sulistyanto Luhukay
E-mail: roniluhukay22@gmail.com
Abstract : This study delves deeper into the protection of Rohingya refugees' human
rights as a humanitarian response with implications for societal injustice. The research
employs normative legal research methods. the results of the study saw that from the
absence of obligations as fulfillment of rights carried out by Rohingya refugees who
received benefits without burden, or Rohingya refugees who received greater benefits
from Indonesian society without burden. Furthermore, there are implications for the
destruction of the socio-cultural order in the form of knowledge, norms, regulations,
and skills inherited from Indonesian society. This can be seen from the behavior and
actions of Rohingya refugees who do not maintain cleanliness, do not obey Islamic law
and customs in society, do not follow local norms and customs, and commit crimes of
rape against minors.
Keywords : Law and Human Rights, Rohingya refugees, Struggles.
INTRODUCTION
Human rights are a set of rights that are
inherent in the nature and existence of
humans as God's creatures, and they are a
gift that must be respected, upheld, and
protected by the rule of law and everyone
else in order to honor and protect human
dignity.1 It is frequently claimed that rights
based on law (legal rights) are distinct from
rights derived from other norms. Paton
states legal rights as rights that are
recognized and protected by law. Jeremy
Bentham defined rights as the children of
the law. Real rights emerge as a result of
actual laws. Imaginary rights, on the other
hand, stem from imaginary law, specifically
natural law.2 Therefore, he defines rights as
interests that are protected by law. These
1
Pasal 1 angka 1 Undang- Undang No 39 Tahun 1999
tentang Hak Asasi Manusia
2
Peter Mahmud Marzuki, Pengantar Ilmu Hukum,
Kencana, Jakarta, 2016, hlm. 142
3
G.W Paton, Textbook of of Jurisprudence, English
language book Society, Oxford University Press,
interests are not created by the state; they
already exist in social life, and the state
simply selects which ones to protect.3
Surprisingly, the spread of human
rights values has sparked opposition from
some government leaders. Human rights
and democracy are associated with Western
cultures. This new culture is known as
"Americanization" because it closely
resembles the American way of life. This
new culture frequently clashes with the
local culture,4 as is the case in Indonesia.
Indonesia, a country that values human
rights, does not fully embrace them, as
human rights in Indonesia are still based on
national and regional interests. This is done
in order to prevent social conflicts in
society. Human rights embraced by the
Indonesian people keep paying attention to
London, 1972. di kutip dari Peter Mahmud Marzuki I,
Ibid., hlm. 151.
4
Robertua, V. (2015). Globalisasi dan Hak Asasi
Manusia (HAM): studi kasus pelanggaran HAM di
Myanmar. Sociae Polites, 16(1), 1-16. Hal 2