Sriwijaya Law Review
Volume 6 Issue 1, January 2022

Asylum Seekers and Refugee Management: (Im)Balance Burden Sharing Case between Indonesia and Australia

Arie Afriansyah (Faculty of Law, Universitas Indonesia)
Hadi Rahmat Purnama (Faculty of Law, Vrije Universiteit, the Netherlands)
Akbar Kurnia Putra (Faculty of Law, Universitas Jambi, Indonesia)



Article Info

Publish Date
31 Jan 2022

Abstract

Since the 1970s, Indonesia has been acting as a transit country for asylum seekers and refugees to reach Australia and New Zealand. Being a non-state party to the Refugee Convention, Indonesia has become the strategic partner for Australia in managing the issue of asylum seekers and refugees. The two countries have been involved in many bilateral and regional arrangements to tackle the issues. The “Bali process” is one of Indonesia and Australia's arrangements to lead the region in tackling forced migration and refugees. Unfortunately, despite their “common” interests, many of Australia's policies towards asylum seekers have negatively impacted Indonesia in many ways. This paper uses desk study research with a normative approach to analyse nationally and internationally relevant laws and policies. This paper analyses the Bali Process as regional cooperation means of burden-sharing in which Indonesia and Australia play dominant roles while scrutinising how both countries implement the policies within their domestic realms. In addition, the dynamics within the two countries will also be examined to understand how they shape their policies. This paper argues that Indonesia has fulfilled its part by managing these protected persons within Indonesia. However, Australia seems to consistently try to shift its burden to Indonesia as its neighbouring state. By revisiting the Bali Process arrangement, it is suggested that Australia needs to respect its commitment and take any means necessary to keep good relations with its neighbours, including Indonesia.

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Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...