Jurnal Ilmiah Living Law ISSN 2087-4936 Volume 17 Nomor 1, Januari 2025 17 undocumented migrants or asylum seekers. Human trafficking by sea is one method for preventing refugee children from leaving Myanmar.25 The legal protection of the Rohingya ethnic group under international law is frequently governed by international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The 1966 International Covenant on Economic, Social, and Cultural Rights prohibits genocide, torture, and all forms of racial discrimination.26 The protection of human rights is considered necessary by the Indonesian people against ethnic Rohingya who seek asylum in Indonesia as part of the Indonesian nation being a country that is consistent with the spirit of the constitution to show that human rights cannot be separated from the 1945 Constitution of the Republic of Indonesia, as stated by Soedjono Dirdjosisworo as follows: a. Human rights are rights that do not conflict with the 1945 Constitution and Pancasila; even the birth of the Republic of Indonesia is based on the recognition of human rights as stated in the preamble of the 1945 Constitution of the Republic of Indonesia. b. Human rights are rights that are inseparable from and are a protection of the values of dignity, so they therefore must be upheld by the nation and state of the Republic of Indonesia, which adheres to the philosophy of Pancasila.27 The Indonesian government has sovereignty and has not ratified the 1951 Convention or the 1967 Protocol, however it is still subject to general international law standards that are accepted and recognized worldwide. As a result, even though Indonesia has not ratified the convention and protocol, it still has an international obligation to comply with these provisions, albeit not completely. However, this is not an absolute, which means that the Indonesian government must prioritize national interests; not ratifying implies not recognizing, so it is not required to submit. The acceptance of Rohingya refugees reflects the Indonesian nation's concern for human values, which is consistent with the spirit of Pancasila and the Republic of Indonesia's Constitution of 1945. and reaffirmed that, according to Telders, Van der Grinten, and Molengraff, a norm can be broken if an interest intended to be protected by the norm is violated. This theory becomes a powerful tool for rejecting a claim from the international community that feels harmed by an action that harms the Indonesian people.28 This implies that international legal norms can be violated at any time when national interest considerations do not necessitate various reasons, such as community rejection, new implications for the potential for social conflict, a threat to national sovereignty, and uncertainty about the number of refugees accommodated and the duration of temporary stay. The legal protection that's provided by the Indonesian people cannot be divorced from the existence of its Tieken, S. (2013). Ketiadaan kewarganegaraan pada anak-anak rohingya sebagai bentuk kekerasan struktural berbasis etnis (Studi kasus anak-anak pengungsi rohingya di community housing wisma YPAP Medan). Jurnal Kriminologi Indonesia, 9(1), 51-65.. Hal 58 26 Arianta, K., Mangku, D. G. S., and Yuliartini, N. P. R. (2020). Perlindungan hukum bagi kaum etnis rohingya dalam perspektif hak asasi manusia internasional. Jurnal Komunitas Yustisia, 3(2), 166-176. Hal 174 27 Soedjono Dirdjosisworo, Pengadilan Hak Asasi Manusia Indonesia, Bandung, Citra Aditya Bakti, 2002, hlm 20 28 Wilamarta, M. (2002). Hak pemegang saham minoritas dalam rangka good corporate governance. Jakarta: FH Ul. Jakarta. Hlm.20. 25