No Choice but Welcoming Refugees: The Non-Refoulement Principle as Customary International Law in Indonesia
نویسندگان
چکیده
The non-refoulement principle requires each country to consider refugees and asylum seekers in their of origin if they are subject persecution threaten lives. As a geographically strategic country, Indonesia has been significant crossroad for international often temporary destination. Moreover, the complex situation encouraged reinterpret into various national measures domestic policies, given that is deemed transit not ratified 1951 Convention on Status Refugees. This paper aims analyse concept refugee protection under law, particularly investigate application Indonesia. study employed normative empirical legal research with statutory, conceptual, comparative approaches. confirms part jus cogens norms law but does fit its application. inconsistency upholding binding rules. Refugees have received far less attention from Indonesian government due insufficient infrastructure financial allocation. existing executive regulations do provide effective enforcement since these lower position hierarchy cannot deterrent sanctions. Hence, ratification urgently needed by guarantee within jurisdiction. At regional scope, can encourage ASEAN countries adopt good practices European Union set sharing quotas ensure most escape
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ژورنال
عنوان ژورنال: Lentera Hukum
سال: 2023
ISSN: ['2355-4673', '2621-3710']
DOI: https://doi.org/10.19184/ejlh.v10i1.37920