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All Journal Journal Evidence Of Law Jurnal Ilmiah Kebijakan Hukum
Arief Febrianto
Politeknik Pengayoman Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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Refugee Management in the National Security Dimension: A Comparative Study in Indonesia, Malaysia, and Thailand M. Alvi Syahrin; Tony Mirwanto; Budy Mulyawan; Arief Febrianto; Rita Kusuma Astuti
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1790

Abstract

This study comparatively analyzes refugee management models in Indonesia, Malaysia, and Thailand—three key ASEAN frontline states that have not ratified the 1951 Refugee Convention. It investigates how this humanitarian issue has been securitized and integrated into their national security frameworks. Refugee movements, dominated by populations like the Rohingya, have evolved from a humanitarian crisis into a regional security challenge involving sovereignty, border control, human smuggling, and domestic social cohesion risks. Due to the lack of a binding international legal structure, these countries rely on ad hoc and discretionary approaches, dictated by internal political and geopolitical calculations. Using a qualitative-comparative methodology based on securitization theory, the research reveals significant variation in implementation. Indonesia attempts to balance humanitarian efforts (via IOM/UNHCR) with sovereignty concerns, viewing management as an issue of maritime security and public order. Conversely, Malaysia demonstrates the highest level of securitization, explicitly linking refugees to immigration violations and economic/health threats, with harsh law enforcement as the primary measure. Thailand employs a 'pragmatic border control' model, treating refugees as a short-term immigration matter susceptible to domestic military and political interests. This demonstrates a dominant security logic prioritizing national interests and rationalizing the rejection of non-refoulement. The main conclusion is that the failure to establish a binding regional burden-sharing mechanism encourages states to shift responsibility to the security domain, exacerbating refugee vulnerability and empowering smugglers. An urgent ASEAN policy shift toward a legal-institutional protection framework is required.
Administrative Immigration Enforcement in Indonesia: A Case Study of Residence Permit Violations at the Palembang Immigration Office Arief Febrianto; Gunawan Ari Nursanto; Rasona Sunara Akbar
Jurnal Ilmiah Kebijakan Hukum Vol 19 No 2 (2025): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2025.V19.111-128

Abstract

This study explores the enforcement of administrative immigration measures in response to residence permit violations committed by foreign nationals. Using a qualitative case study approach, it examines how such violations are managed by immigration authorities, focusing on enforcement patterns, operational challenges, and the effectiveness of administrative responses. Data were gathered through document analysis, field observations, and interviews with key personnel, supported by legal and policy reviews. The findings highlight a range of violations, including overstaying, misuse of residence permits, and lack of valid documentation. Administrative actions such as deportation, revocation of permits, and blacklisting were commonly applied. However, the enforcement process was found to be constrained by inconsistent interpretations of legal provisions, limited technological and human resources, and inadequate coordination among relevant institutions. Enforcement practices tended to be reactive, triggered by referrals or specific incidents, rather than part of a continuous monitoring system.Comparative legal and policy analyses across jurisdictions indicate that immigration enforcement regimes grounded in preventive, integrated, and rights-respecting frameworks tend to produce higher levels of voluntary compliance and systemic legitimacy. The study recommends key improvements, including clearer operational guidelines, the deployment of interoperable digital surveillance, inter-institutional coordination, and increased public engagement. By addressing these challenges, immigration authorities can enhance the consistency, efficiency, and accountability of their enforcement systems, contributing to improved migration governance and public order.
Co-Authors Budy Mulyawan Gunawan Ari Nursanto M. Alvi Syahrin Rasona Sunara Akbar Rita Kusuma Astuti Tony Mirwanto, Tony