TINJAUAN HUKUM MENGENAI ALASAN BELUM DISAHKANNYA (AKSESI) KONVENSI JENEWA TAHUN 1951 DAN PROTOKOL NEW YORK TAHUN 1967 OLEH INDONESIA

SETIADI, DOMINICUS (2016) TINJAUAN HUKUM MENGENAI ALASAN BELUM DISAHKANNYA (AKSESI) KONVENSI JENEWA TAHUN 1951 DAN PROTOKOL NEW YORK TAHUN 1967 OLEH INDONESIA. . pp. 1-10.

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Abstract

Refugee, recently, has become a global concern. Many people all over the world, forced to migrate from origin country to the host country because of the great fear and/or persecution as resulting from conflict/war that happened in the origin country. Increasing number of conflict/war in any states has become the mayor reason. Indonesia has served refugees for many decades. It began soon after Vietnam War in 1975. But, Indonesia is not a state party to the Geneva Convention 1951 and New York Protocol 1967 relating to the status of refugee. Indonesia, geographically is considered as a transit country for the refugees whose destination is to get to Australia. This position attracted many refugees who can‘t afford and/or can‘t continue to Australia to stay in Indonesia. The aim of this research is to find the reason, legally and politically, why Indonesia has not ratify and/or become the state party to the Geneva Convention 1951 and/or New York Protocol 1967yet. Furthermore, this research is trying to find whether the Indonesian Law is good enough to provide any kind of legal protection for those refugees who enter Indonesia. The type of this research is the normative law. Data of the research is mainly based on the legal and/or law material of the Indonesian law, that has any similarity with refugee convention and/or protocol. Then researcher conducted an interview to the Foreign Ministry as the lawmaker, to find the reason behind the lawmaking. Data that obtained from this research, then were analyzed by the theory of law, to find any connection between variables, which resulting to the conclusion of this research. This research concluded that Indonesian Law, is more than sufficient to provide any legal protection to the refugees. On the contrary, accession will actually cause any negative impact in the economic and security aspects.

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