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The Adaptation of Global Norms The 1951 Refugee Convention in Indonesia Daysa Fitri, Qatrunnada; Sundrijo, Dwi Ardhanariswari
Eduvest - Journal of Universal Studies Vol. 4 No. 2 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i2.1020

Abstract

This article aims to explain and answer the research question: Why did the localization of the global norms of the 1951 Refugee Convention in Indonesia lead to the issuance of Presidential Regulation No. 125 of 2016? Indonesia has been a transit area for refugees since 1979 and is the third country in ASEAN with the highest number of refugees. However, Indonesia has never formally and officially adopted the 1951 Refugee Convention. To answer the research question, this study applies the concept of norm localization proposed by Acharya (2004) as the framework for the analysis. This concept explains that the localization process of global norms might lead to three possible outcomes: acceptance of the norms, adaptation and modification of the norms, or complete rejection of the norms. The adaptation of the global norms is the result of adjusting some elements of the norm that are considered more appropriate to the local situations. In this article, we argue that the consideration of humanitarian values, national interests, and domestic challenges are the three most significant domestic factors that influence the process of norm localization in Indonesia. This article discusses how the three factors influenced the process of policy/decision-making on how Indonesia should deal with its refugee issues. In conclusion, we mainly argue that Presidential Regulation No. 125 of 2016 is the result of a complex adaptation process of the UN 1951 Refugee Convention, which involved multidimensional issues, as well as a multi-actor that represents various interests.
Global Compact on Refugees: Dilemma Between National Security and Human Security Agusman, Hardy; Sundrijo, Dwi Ardhanariswari
Interdisciplinary Social Studies Vol. 2 No. 9 (2023): Special Issue
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v2i9.483

Abstract

Background: The refugee crisis have been an international concern as it is considered a multidimensional threat to security issues, both national and human security. States increased the level of protection that aims ‘to maintain and to protect’ their borders on behalf of sovereignty. On the other hand, refugees have the right ‘to seek and to enjoy’ asylum from persecution in other countries. In this context, refugee crisis implies the paradigm clash between national security and human security. The Global Compact on Refugees (GCR) is presented as the product of a “States Plus” approach to multilateralism that brought together several states, other stakeholders, and refugees to solve the dilemma above with the principle of burden and responsibility-sharing. Aim: This article analyzes the legal mechanism that impacts the financial resources and fulfilment of the GCR objectives. Method: The researcher combined a qualitative approach with a methodology for conducting a literature review. The majority of the articles and other sources used to compile the study's data were books and academic publications that examined relevant subjects. Findings: Previously, refugee handling in the global refugee regime (1951 Convention and 1967 Protocol) tended to be state-centred. In contrast, GCR tends to be people-centred and comes from the refugee crisis realities (bottom-up). However, from the implementation aspect, there is a significant gap between the targets made in the Global Refugee Forum and its achievements. This discourse was dominated by a traditional state security perspective, while the humanitarian language emerged only in design framework of GCR.