THE IMPLICATION OF DEFINING REFUGEE IN INDONESIAN IMMIGRATION LEGAL SYSTEM
DEFINISI PENGUNGSI DAN IMPLIKASINYA PADA HUKUM KEIMIGRASIAN INDONESIA
DOI:
https://doi.org/10.52617/jikk.v1i1.13Keywords:
Immigration, Refugees, Asylum SeekerAbstract
Indonesia as a country which did not ratify UN Convention 1951 on Status of Refugees and Protocol 1967, issued a Presidential Decree No.125/2016 on Handling Overseas Refugee in addressing the issues of foreign nation subject who intend to seek refuge by passing through Indonesian territory, generally aiming to seek refuge in Australia. These foreign nation subject introduced as “refugee” by media although the subject is unrecognized by Indonesian immigration law system. Indonesian immigration law only recognize subject as a person who enter or leave Indonesian territory by legal or illegal means. The definition of Refugee on Presidential Decree No.125/2016 is the first definition of the subject in Indonesian legal system, refers to both Refugee and Asylum Seekers in UN Convention 1951, which supposed to have different handling methods. Therefore, the implementation of Presidential Decree No.125/2016 leads to different understanding in immigration and foreign policy perspective on Refugee subject.
Downloads
Published
Issue
Section
License

This work is licensed under a Lisensi Creative Commons Atribusi 4.0 Internasional.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Lisensi Creative Commons Atribusi 4.0 Internasional that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).






