Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention

2024-02-02T06:59:18+07:00

The Acehnese people refused the boat carrying more than 200 Rohingya migrants in early 2024; therefore, UNHCR is pleading with the Indonesian authorities to allow them to disembark. The UNHCR report states that there are currently 1,608 Aceh refugees, including 140 survivors from the previous year. People are increasingly worried about the impact of the significant influx of Rohingya individuals in Aceh. Indonesia's acceptance of those seeking safety for humanitarian reasons has significantly affected the Acehnese population. Indonesia is being pressured to provide assistance to Rohingya refugees despite not being a signatory to the Refugee Convention. The issue at hand is whether Indonesia is legally obligated to help Rohingya refugees under the Refugee Convention. This study utilized normative legal research, commonly known as document analysis involving a qualitative examination of secondary data sources. The investigation included sources such as books, papers, and treaties, specifically focusing on the Refugee Convention of 1951. Indonesia, as it is not a signatory to the Refugee Convention, does not have a legal duty to aid the Rohingya refugees in Aceh based on the Refugee Convention. This study employed normative legal research, analyzing documents qualitatively with secondary sources like books, articles, and treaties, notably the 1951 Refugee Convention. Consequently, since Indonesia has not ratified the Refugee Convention, it is not bound by legal obligations to assist the Rohingya refugees in Aceh. However, Indonesia still maintains a responsibility according to the Universal Declaration of Human Rights.

Recognition of the right to participation of tribal peoples in the repatriation of Lombok treasures

2024-04-06T09:18:35+07:00

This research explores the absence of the peoples of customary law in returning Lombok treasures before, during, and after repatriation, while international law and law in Indonesia recognise and respect the right to self-determination and participation of the people of customary law in a cultural sector. This article employed a normative-legal method supported by conceptual and case approaches. A descriptive-prescriptive method was employed, and data were analysed using content analysis. The results show that the government faces the challenge of determining official representatives of tribal peoples. Another challenge came from inadequate infrastructure and budget. The absence of the tribal peoples has led to the failure of achieving the reconciliation of unfair history, blocked access to helping with the research on the origin of the objects of cultural heritage, reinforced the content of agreements and cooperation of repatriation, and reintegrated the missing objects into their cultural context. This gap can be solved with two strategies reinforcing the role and participation of the tribal peoples in the repatriation process, namely by setting up the legal framework for the repatriation of cultural heritage objects and strengthening the involvement and legal standing of the tribal peoples. Through the study of Lombok treasures, this research contributes a valuable lesson and awareness, indicating that the State should recognise the right to participation of the peoples of customary law in an attempt to repatriate other objects of cultural heritage in the time to come.

Legality : Jurnal Ilmiah Hukum

Indonesia's responsibility towards Rohingya refugees: analysis of the 1951 Refugee Convention

Recognition of the right to participation of tribal peoples in the repatriation of Lombok treasures