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All Journal International Journal of Social Service and Research Al-battar: Jurnal Pamungkas Hukum
Mulya, Ratna Pristiana
Unknown Affiliation
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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THE DEADLINE FOR DEPARTURE PREVENTION FROM AN IMMIGRATION LAW PERSPECTIVE Mulya, Ratna Pristiana; Suparno, Suparno
International Journal of Social Service and Research Vol. 4 No. 12 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i12.1131

Abstract

This study aims to highlight the critical need to update the provisions on departure prevention in Indonesia's Immigration Law, specifically addressing the legal uncertainty arising from the phrase "at any time" in Article 97 Paragraph (1), which has the potential to cause prevention without an exact time limit. The study utilized a qualitative approach, employing a combination of legal analysis and empirical observation. The case approach allowed the author to analyze court decisions or concrete cases related to departure prevention, providing insights into how these regulations were implemented in practice and their implications for individual rights. The analysis focused on the implications of these legal frameworks for individuals' rights and the effectiveness of departure prevention measures, drawing connections between legal norms and their practical outcomes. The research provides a foundation for further discussions on enhancing legal certainty and protecting individual rights within the immigration framework, thereby contributing to the overall improvement of the legal system in Indonesia.
Legal Vacuum in Regulating the Status of Refugees and Asylum Seekers in Indonesia as a Consequence of Non-Ratification of the 1951 Convention and the 1967 Protocol Mulya, Ratna Pristiana; Sara, Rineke
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.458

Abstract

There is a legal void concerning the status of refugees and asylum seekers because Indonesia has not yet joined the 1951 Convention on the Status of Refugees and its 1967 Protocol. Current national laws, especially Presidential Regulation No. 125 of 2016, provide only technical guidelines for administrative matters, such as shelter and inter-agency coordination, without regulating the substantive legal status or basic rights of refugees. This situation results in the absence of a national mechanism for determining refugee status and complete dependence on the United Nations High Commissioner for Refugees (UNHCR), ultimately weakening Indonesia's legal sovereignty. From a social, political, and economic perspective, the presence of refugees creates additional burdens for local governments, potential conflict with local communities, and challenges in international diplomacy, particularly with the refugees' final destination countries. Human rights aspects are also affected, as refugees often lack adequate access to education, health care, and employment, increasing their vulnerability. This article emphasizes the importance of normative steps such as ratifying the 1951 Convention and the 1967 Protocol, drafting specific legislation regarding refugees, improving inter-agency cooperation by working with global institutions like the International Organization for Migration (IOM) and the UNHCR. A human rights-based policy approach that consistently considers national security interests is a solution that can balance humanitarian moral obligations with state sovereignty. In this way, Indonesia is expected to be able to provide more comprehensive protection for refugees while maintaining its international reputation
Co-Authors Sara, Rineke Suparno Suparno