Jurnal Ilmiah Living Law ISSN 2087-4936 Volume 17 Nomor 1, Januari 2025
the bad events that occur due to the
negative influence of the Rohingya
refugee’ habits, but that does not mean
the government must give up in its
dilemma. If the government is to
maintain the value of local wisdom and
state sovereignty, it must be willing to
do what neighboring Malaysia does.
Ethically and morally, it should be more
concerned, which means that the
Indonesian government is not bound by
international regulations because it was
not a party to the 1951 Refugee
Convention and has never been ratified
refugee conventions and protocols;
thus, the Indonesian government has no
obligation to accommodate refugees, let
alone provide a permanent solution for
Rohingya refugees.
CONCLUSION
1. The legal protection of Rohingya ethnic
groups under international law is
frequently governed by international
instruments such as the Universal
Declaration of Human Rights and
International
Covenants.
The
Indonesian people consider it necessary
to ensure the protection of human
rights against ethnic Rohingya who seek
asylum in Indonesia as part of the
Indonesian people's efforts to become a
country that is consistent with the spirit
of the constitution, demonstrating that
human rights cannot be separated from
the Republic of Indonesia Constitution
of 1945. Despite the fact that Indonesia
has sovereignty and has not ratified the
1951 Convention or the 1967 Protocol,
it is subject to generally accepted as
well as acknowledged international
legal standards. As a result, even though
Indonesia has not ratified the
convention and protocol, it has an
international obligation to comply with
23
these provisions, albeit not fully,
reaffirming that norms that have not
been ratified into national law do not
have absolute legal force. Meaning that
international legal norms can be
violated as long as national interest
considerations do not require it for a
variety of reasons, such as community
rejection, new implications for the
potential for social conflict, threat to
national sovereignty, and if the
Indonesian government must be strict
about the number of refugees
accommodated and the temporary stay
period for humanitarian reasons.
2. The implications of injustice were
discussed in the community, with the
absence of obligations as the fulfillment
of rights carried out by Rohingya
refugees obtaining benefits without
burden or Rohingya refugees receiving
greater benefits from the Indonesian
people without burden. Justice is not
subject to political bargaining by the
government; rather, justice is realized
through the attitude of distributing
rights by following through with
obligations. Other than that, there are
implications for the destruction of the
socio-cultural order in the form of
understanding, norms, regulations, and
skills passed down from generation to
generation in the Indonesian region, as
well as implications that extend for local
wisdom, which is the social capital
developed by the community to create
order and balance between the
community's socio-cultural life. This
can be harmed by observing Rohingya
refugees' behavior and actions, such as
failing to maintain cleanliness, failing to
adhere to Islamic law and customs
within the community, failing to follow
local norms and customs, and
committing criminal acts of rape against
minors.