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Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement Widagdo, Setyo; Ikaningtyas, Ikaningtyas; Susanto, Fransiska A.; Hidayat, M. Choirul
Brawijaya Law Journal : Journal of Legal Studies Vol 8, No 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.05

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR

How Could Deportation become Illegal Deportation? (The Case of Deportation of Myanmar Nationals by Malaysia) Susanto, Fransiska A.; Majid, Yasniar Rachmawati; Ikaningtyas; Nursasmita, M. Akbar
Padjadjaran Journal of International Law Vol. 7 No. 2 (2023): Padjadjaran Journal of International Law, Volume 7, Number 2, June 2023
Publisher : International Law Department, Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/pjil.v7i2.1370

February 2022; Malaysia deported more than 1000 undocumented migrants from Myanmar back to Myanmar, even though a coup d’état had already occurred in Myanmar. This paper will explore the nexus between coup d’état and well-founded fear of persecution and assess the decision by Malaysia to deport Myanmar immigrants back to Myanmar with the nonrefoulement principle. This paper's findings showed a clear nexus between a coup d’état and well-founded fear of persecution to some extent; the nexus appears when the Coup creates uncertainty in citizen's live and people in a dangerous situation. Consequently, the deportation decision by Malaysia violated the non-refoulment principle, and the deportation became illegal. This paper utilized the normative method to analyze the research problem.

Synergy in the Fulfilment of National Interest in Efforts to Handle Refugees in Indonesia through Repratiation and Resettlement Widagdo, Setyo; Ikaningtyas, Ikaningtyas; Susanto, Fransiska A.; Hidayat, M. Choirul
Brawijaya Law Journal Vol. 8 No. 2 (2021): State Administration Role in Establishing Constitutional Obligation
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2021.008.02.05

This article aims to analyze Indonesia's efforts to accommodate national interests in efforts to handle refugees in Indonesia. UNHCR noted that until December 2020 the number of refugees in Indonesia reached 13,700 people, with the most refugees coming from Afghanistan 57%, Somalia 10%, and Myanmar 7%. This number is very large considering the fact that Indonesia is only a transit country and not a country that ratified the 1951 Refugee Covenant. The existence of refugees in Indonesia is an urgent problem by taking advantage from human rights as the basis of its justification, while Indonesia is a sovereign country that has the authority to regulate the traffic of foreigners in its territory especially on the basis of national interests, such as security. The existence of Presidential Regulation No. 125/2016 on the Handling of Refugees from Abroad has not optimally become a solution for handling refugees in Indonesia. By using normative juridical research method, the authors analyzed that although the regulations regarding repatriation and resettlement of refugees were mentioned in Presidential Regulation No. 125/2016, they did not clearly regulate the procedures for handling refugees either through voluntary repatriation and there was no attempt by the government to implement the repatriation program. As for resettlement, the Indonesian government only relies on UNHCR

Regulatory and Institutional Approach in Tackling Marine Plastic Pollution: The Practice of Indonesia Puspitawati, Dhiana; Susanto, Fransiska A.; Kurniaty, Rika; Kurniawan, Andi; Nursasmita, Muhammad Akbar; Mohd Rusli, Mohd Hazmi
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p23-67

Marine Plastic Pollution (MPP) is increasing at an alarming rate. It presses environmental crisis, posing significant threats to both marine ecosystem and biodiversity, as well as human health. While relevant international legal frameworks call for concerted global action, effective national law enforcement remains a crucial element in the fight against plastic waste. This research explores Indonesia’s practice in implementing existing international legal frameworks nationally to tackle MPP. Although Indonesia has made significant progress in establishing national laws that align with international legal frameworks, however, much remain to be done. This especially related to regulatory framework and law enforcement institutions. This paper highlights existing regulatory and institutional frameworks adopted by Indonesia and analyses key enforcement challenges faced by Indonesia in reducing MPP. It is argued that strengthening national enforcement mechanisms, fostering intergovernmental collaboration, and enhancing public-private partnerships are essential to curbing marine plastic pollution. Ultimately, the paper calls for a more robust, integrated approach that aligns national legal frameworks with global efforts to protect marine environments from further degradation.

Immigration Policies During the Pandemic In Indonesia: Economic Recovery v. Basic Rights Susanto, Fransiska A.; Widagdo, Setyo; Haris W., Alfi
Arena Hukum Vol. 18 No. 1 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01801.1

The COVID-19 pandemic has posed a significant challenge for Indonesia and nearly all countries worldwide. Each country has implemented its own policies to address the pandemic, but these policies are not always appropriate for the public, particularly regarding reopening national borders. A similar issue has also arisen in Indonesia, where the decision to reopen borders is deemed inconsistent with the country’s societal conditions. Government policies have also impacted the state’s fulfilment of fundamental human rights. This study analyses government policies in the field of immigration during the COVID-19 pandemic, examining their social implications and proposing a policy-making model that takes human rights into account during crises. While previous research has explored the legal and economic dimensions of pandemic-era immigration policies in various countries, this study provides a distinctive focus on Indonesia’s unique regulatory inconsistencies. Using a normative research method with statutory and conceptual approaches, this study addresses the existing issues. It finds that the government’s policies have yet to fully align with the protection of human rights and that the formulation of immigration regulations during a pandemic requires a more comprehensive and well-structured approach. It underscores the importance of integrating human rights-based approaches into emergency regulations, providing valuable insights for policymakers in other jurisdictions facing similar dilemmas. By examining Indonesia’s legal framework, this research offers comparative lessons on how emerging economies can reconcile economic imperatives with legal obligations under international human rights law.

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