Andry Indrady
Krisnadwipayana University, Jakarta, Indonesia

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Legal Policy for Providing Protection to Refugees from Abroad in the National Legal System in Indonesia Muhammad Akram; M. Iman Santoso; Andry Indrady; Hartanto
Awang Long Law Review Vol. 9 No. 1 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v9i1.2353

Abstract

Indonesia has not ratified the 1951 Refugee Convention and its 1967 Protocol, while national immigration law also does not comprehensively regulate the status and legal protection of refugees and asylum seekers. This condition creates a normative vacuum that impacts the less than optimal legal certainty in the handling of refugees in Indonesia. Nevertheless, Indonesia continues to provide limited humanitarian protection through national legal instruments that reflect its own legal policy by balancing the interests of state sovereignty, national security, and respect for human rights. This study aims to analyze Indonesia's legal policy in providing protection to refugees from abroad, examine the forms of legal protection that have been provided, and formulate an ideal legal concept for the regulation of refugees in Indonesia in the future. The study uses a descriptive-analytical legal method with a normative juridical and empirical juridical approach ( socio-legal research ), through literature studies, field studies, and qualitative juridical analysis. The results of this study indicate that Indonesia's immigration legal policy remains based on the principle of selective policy that prioritizes national interests and state security, while still providing limited space for humanitarian protection. Presidential Regulation Number 125 of 2016 provides a meeting point between the principles of state sovereignty and humanitarian protection through an operational and collaborative refugee management mechanism. However, its implementation still faces weaknesses in the form of ineffective inter-institutional coordination, unclear division of authority, and suboptimal governance of refugee management. This study proposes a reconstruction of the legal policy of refugee protection through a comprehensive revision of Presidential Regulation Number 125 of 2016 by strengthening cross-sectoral coordination, clarifying institutional authority, and establishing adaptive, effective governance mechanisms that align with Indonesia's immigration legal policy, thereby increasing legal certainty, effective governance, and humanitarian protection for refugees.