International Legal Implications for Indonesia's Policy Concerning Rohingya Refugees: A Juridical Analysis Under The 1951 Convention Relating to The Status of Refugees

The handling of Rohingya refugees by Indonesia raises various legal issues, considering that Indonesia is not a party to the 1951 Convention Relating to the Status of Refugees nor the 1967 Protocol. Nevertheless, Indonesia continues to serve as a transit country for refugees, which necessitates that its national policies take into account the principles of international law. This study aims to analyze the implications of international law, particularly the 1951 Convention, on Indonesia’s policies in dealing with Rohingya refugees. The research method employed is normative juridical, using statutory and conceptual approaches. Data were obtained through literature study of international legal instruments, national regulations, and official documents issued by the United Nations and UNHCR. The findings show that although Indonesia has not ratified the 1951 Convention, its core principles—such as non-refoulement, the protection of human rights, and the notion of international burden-sharing—have become part of customary international law and consequently influence national policy direction. Therefore, Indonesia continues to bear both a moral and legal responsibility to ensure humane treatment of refugees in accordance with international standards.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-08-28
DOI
https://doi.org/10.5281/zenodo.16977688
Primary Topic
Geochemistry and Geologic Mapping
Type
article
Field-Weighted Citation Impact
0.00
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article

International Legal Implications for Indonesia's Policy Concerning Rohingya Refugees: A Juridical Analysis Under The 1951 Convention Relating to The Status of Refugees

Zenodo (CERN European Organization for Nuclear Research)
Geochemistry and Geologic Mapping
article

International Legal Implications for Indonesia's Policy Concerning Rohingya Refugees: A Juridical Analysis Under The 1951 Convention Relating to The Status of Refugees

article en

Abstract

The handling of Rohingya refugees by Indonesia raises various legal issues, considering that Indonesia is not a party to the 1951 Convention Relating to the Status of Refugees nor the 1967 Protocol. Nevertheless, Indonesia continues to serve as a transit country for refugees, which necessitates that its national policies take into account the principles of international law. This study aims to analyze the implications of international law, particularly the 1951 Convention, on Indonesia’s policies in dealing with Rohingya refugees. The research method employed is normative juridical, using statutory and conceptual approaches. Data were obtained through literature study of international legal instruments, national regulations, and official documents issued by the United Nations and UNHCR. The findings show that although Indonesia has not ratified the 1951 Convention, its core principles—such as non-refoulement, the protection of human rights, and the notion of international burden-sharing—have become part of customary international law and consequently influence national policy direction. Therefore, Indonesia continues to bear both a moral and legal responsibility to ensure humane treatment of refugees in accordance with international standards.

Zenodo (CERN European Organization for Nuclear Research)
Diponegoro University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 63%
Geochemistry and Geologic Mapping
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