Legal Status of Refugees in Indonesia: Between Non-State Parties and the Principle of Non-Refoulement

Indonesia is a country that is geographically strategic in the flow of global migration, but until now it has not been a party to the 1951 Refugee Convention or the 1967 Protocol. This non-binding has created uncertainty in the legal status and protection of international refugees in Indonesian territory. This article discusses how Indonesia, as a non-state party, continues to implement the principle of non-refoulement which is part of customary international law. Through a normative legal approach, this article examines national regulations such as the Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees, and Indonesia's cooperation with UNHCR in the process of Refugee Status Determination. The findings show that despite not being conventionally bound, Indonesia has demonstrated compliance with basic humanitarian principles, including the prohibition of forced return of refugees to countries of origin. However, the absence of a national asylum legal system has limited legal protection, access to basic rights, and long-term certainty for refugees. Therefore, it is necessary to strengthen the domestic legal framework in order to provide legal certainty and align national policies with international protection standards. This study offers novelty by examining the legal position of refugees in Indonesia from the perspective of a country that is not a party to the 1951 Refugee Convention, but still applies the principle of non-refoulement as part of customary international law. Unlike previous studies that only highlight the role of UNHCR or the humanitarian aspect, this article emphasizes the importance of establishing a domestic legal framework as a form of state commitment in filling the gap in asylum law and providing certainty of long-term protection for refugees.