Unnes Law Journal : Jurnal Hukum Universitas Negeri Semarang
Vol. 11 No. 2 (2025): October, 2025

Pulling at Both Ends of the String: The Political and Legal Tug in Refugee and Migration Policy in Indonesia

Fakhrirafi Zharfan (Faculty of Law, Universitas Negeri Semarang)
Ristina Yudhanti (Faculty of Law, Universitas Negeri Semarang)
Dewi Sulistianingsih (Faculty of Law, Universitas Negeri Semarang)
Achmad Fahmi Zulfikar (Yong Pung How School of Law, Singapore Management University)
Ngboawaji Daniel Nte (Department of Intelligence and Security Studies, Novena University)
Adnan Ibrahim Sarhan (College of Law, University of Sharjah)
Ridwan Arifin (Faculty of Law, Universitat de Barcelona)



Article Info

Publish Date
15 Dec 2025

Abstract

This paper analyzes the complex and often contradictory dynamics of refugee and migration policy in Indonesia, framed within the political and legal tug-of-war that shapes human rights protections. As one of Southeast Asia’s key transit and destination countries for refugees and migrants, Indonesia's policy approaches are influenced by both international obligations and domestic political considerations. Despite being a signatory to the 1951 Refugee Convention, Indonesia has not adopted comprehensive national legislation to protect refugees, leaving a gap in the legal framework that often results in ad-hoc, inconsistent practices. This study critically examines the tension between political interests—such as national sovereignty, security concerns, and public opinion—and the legal obligations tied to human rights protections under international law. The research analyzes the roles of domestic political actors, including the government, lawmakers, and civil society, in shaping policies related to refugees and migrants. It also explores the legal frameworks that both constrain and enable state actions regarding asylum seekers, detention, and deportation. Through a review of recent case studies and policy shifts, this paper highlights the challenges of balancing humanitarian obligations with domestic priorities. The analysis underscores the need for a more coherent and rights-based approach to migration and refugee policy in Indonesia, suggesting that the existing legal and political landscape often pulls in opposite directions, undermining effective protection for vulnerable populations. Ultimately, this study contributes to the ongoing discourse on global migration governance, offering insights into how national policies can evolve to better protect refugees while navigating political realities.

Copyrights © 2025






Journal Info

Abbrev

ulj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Unnes Law Journal is a peer-reviewed scholarly journal that publishes high-quality research on Indonesian law and its interaction with regional and global legal developments. Established in 2012, the Journal aims to advance rigorous legal scholarship and promote evidence-based discourse on law, ...