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All Journal Seminar Nasional Aplikasi Teknologi Informasi (SNATI) Jurnal Pembangunan Wilayah dan Kota Jurnal Pendidikan dan Pembelajaran Khatulistiwa (JPPK) Yustisia Jurnal Media Hukum Al-Ihkam: Jurnal Hukum dan Pranata Sosial PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Ilmiah Hukum LEGALITY Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada TANJUNGPURA LAW JOURNAL Jurnal Litbang: Media Informasi Penelitian, Pengembangan dan IPTEK Warta Penelitian Perhubungan Indonesian Journal of International Law Indonesia Law Reform Journal (ILREJ) Jurnal Manajemen dan Bisnis The Indonesian Journal of Computer Science Warta Penelitian Perhubungan
Sigit Riyanto
Department Of International Law, Faculty Of Law, Universitas Gadjah Mada
Religion Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Transportation Other

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Journal : Indonesian Journal of International Law

 1 
THE REFOULEMENT PRINCIPLE AND ITS RELEVANCE IN THE INTERNATIONAL LAW SYSTEM Riyanto, Sigit
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The principle of Non-Refoulement is a concept that is very well known in the framework of international protection applicable to refugees and or asylum seekers. Non Refoulement is a concept in which State shall not expel or return (“refouler”) a refugee or asylum seeker in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. The principle of Non Refoulement is generally relevant to the protection of human rights, especially in relation with the freedom of torture or cruel, inhuman or degrading treatment or punishment. In the context of international refugee law, the principle of Non Refoulement is a fundamental concept and considered as the back-bone of the whole frameworks of international protection for refugee and asylum seeker. This article discussed three aspects relevant to the principle of Non Refoulement, namely : the existence of such a principle in the existing international legalsystem, the character of the principle of Non Refoulement as Jus Cogens, and the condition of which the benefit of such a principle may not be applied. It is obvious that the principle of Non- Refoulement has been accepted by international community as explicitly established in international legal instruments and consistently implemented in the practice of State and the relevant international organisations. Such a principle is accepted by international community and gained ground as Jus Cogens in the international legal system, consequently States individually or collectively shall not derogate in a manner whatsoever, otherwise it is modified by a subsequent norm of general international law having the same character.However, should there are reasonable grounds, the benefit of the present principle may not be granted to a refugee.
The Urgency of Refugee Legislation in Indonesia and the Present Obstacles Riyanto, Sigit
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

Throughout the world and over the centuries, societies have welcomed frightened, weary foreigners, the victims of persecution and violence in their place of habitual residence. Basically every State has the responsibility of protecting refugees and asylum seekers within its teritory. Protection of refugees and asylum seekers is a classical issue in International Law. Nowadays more than 140 States have adopted International Instruments of Refugee Law. Eventhough the right to seek asylum has been enshrined in the Indonesian Consitution and the Human Rights Act ; up to nowadays Indonesia has not adopted any International Instrument of Refugee Law and has no national operative legislation dealing with the protection of refugee and asylum seeker. The objective of this paper was to discuss the urgency and the stumbling blocks of incorporating International Instruments of Refugee Law into the Indonesian Law. It should be born in mind that a national legislation concerning the protection of refugees and asylum seekers indicate commitment of a State to the protection of refugees and asylum seekers indicate commitement of a State to the protection and promotion of Human Rights in general. An incorporation of refugee law into the Indonesian Legal System would fill the gap concerning the unavailability of operational legal instrument dealing with refugee and asylum seeker in Indonesia.
Co-Authors Achmad Basuki Akbar Kurnia Putra Anwar Bima Sena Bayu Dewantara Catoer Ryando Dadet Pramadihanto Fadjar Hari Mardiansjah, Fadjar Hari Fajri Matahati muhammadin Harry Purwanto Mohamad Walid Asyhari Priyo Hadisusilo Puspoayu, Elisabeth Septin Qristin violinda Ridwan Arifin Rifaa Eka Novisna Rully Sulaiman Setiawardhana Setiawardhana Setiawardhana Sipahutar, Bernard Sonny Saptoajie Wicaksono Sutrisno, Sutrisno Wattimena, Keanu Abinuno