Policy Strategies in Handling Rohingya Refugees in Indonesia to Support Sustainable Justice

Abstract

Indonesia’s status as a transit country has the potential to pose negative threats in terms of law enforcement, financial security, social security, the conduct of foreign policy, and other related issues. Although Indonesia has affirmed its commitment to refugee protection as stipulated in Article 27 paragraph (2) of Law Number 37 of 1999 on Foreign Relations, which is further elaborated in Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad, a number of challenges remain unresolved to this day. Against this backdrop, this research employs a normative juridical method. The formulation of the research problems is as follows: (1) What is the legal status of Rohingya refugees under international law and national law? (2) What legal strategies can be adopted in Indonesia to address refugee issues in support of sustainable justice? The conclusions of this research are as follows: (1) The arrival of Rohingya refugees on 14 November 2023 in Banda Aceh demonstrates the absence of legal recognition, as the procedures applied did not comply with either international law or national law, specifically the 1951 Refugee Convention, the 1967 Protocol, and Law No. 9 of 1992 on Immigration. Although immigration violations occurred, humanitarian considerations and the principle of non-refoulement remain central, as both migrants and refugees are in a vulnerable position. (2) Strategic measures that Indonesia may adopt in addressing refugee issues include: a) Strengthening collaboration with local communities and non-governmental organizations (NGOs); b) Promoting economic empowerment through the imposition of taxes on income-generating refugees; c) Utilizing third-party donor country funding schemes to facilitate the relocation of refugees to destination countries or to states that are parties to the Refugee Convention.