Non-refoulement Principle and Its Implementation in Indonesia as a Non-signatory State of 1951 Refugee Convention and 1967 Refugee Protocol

• Main Author: Muammar Ricky Putra
• Other Authors: Chiang, Shia-Hsiung
• Format: Others
• Language: en_US
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/6r9jup

碩士 === 中央警察大學 === 外事警察研究所 === 107 === ABSTRACT The 1951 Convention relating to Refugee states that refugees are people who are outside their nationality or where they have reasonable fears of being persecuted due to race, religion, nationality, membership in certain social groups or having certain political opinions. They are a group of citizens who do not get protection from their own country, even the threat they feel comes from their own government. Therefore, the international community undertakes joint efforts in providing protection and guarantee of life security to them, and ensuring that a persons basic rights remain protected and respected. Based on the status of international protection, a refugee must be protected for his basic rights as a human being. The principle of non-refoulement is known as a guideline to provide refugee protection so as not to return them to their home countries. Along with developments in international human rights law, the principle of non-refoulement is the basis for realizing the protection of rights that are not derogated This makes Non-refoulement include jus cogens and peremptory norm so that it also binds countries not parties to the 1951 Convention. This principle turns out to be not absolute based on Article 32 paragraph 1 of the 1951 Convention because the exception occurs if the refugee becomes a threat to national security and disrupts order public in the country where he was displaced. Indonesia is not a member state of ratification of the 1951 and 1967 Protocols, so that the Government of Indonesia does not have the authority to provide "Refugee Status Determination" (RSD), therefore, the regulation of problems regarding refugees is determined by UNHCR which is a body under the National Unity which has duties and authority to deal with refugee issues according to the mandate received based on the UNHCR Statutes in 1950. On the other hand, the Indonesian Government issued presidential regulation number 125 of 2016 concerning refugees from abroad, the legal instruments were issued to provide technical guidance in handling refugees in Indonesia. Keywords : Non-refoulement Principle; Ratification; Refugees; implementation; president regulation.