Awang Long Law Review
Vol. 9 No. 1 (2026): Awang Long Law Review

Legal Policy for Providing Protection to Refugees from Abroad in the National Legal System in Indonesia

Muhammad Akram (Krisnadwipayana University, Jakarta, Indonesia)
M. Iman Santoso (Krisnadwipayana University, Jakarta, Indonesia)
Andry Indrady (Krisnadwipayana University, Jakarta, Indonesia)
Hartanto (Krisnadwipayana University, Jakarta, Indonesia)



Article Info

Publish Date
26 Sep 2026

Abstract

Indonesia has not ratified the 1951 Refugee Convention and its 1967 Protocol, while national immigration law also does not comprehensively regulate the status and legal protection of refugees and asylum seekers. This condition creates a normative vacuum that impacts the less than optimal legal certainty in the handling of refugees in Indonesia. Nevertheless, Indonesia continues to provide limited humanitarian protection through national legal instruments that reflect its own legal policy by balancing the interests of state sovereignty, national security, and respect for human rights. This study aims to analyze Indonesia's legal policy in providing protection to refugees from abroad, examine the forms of legal protection that have been provided, and formulate an ideal legal concept for the regulation of refugees in Indonesia in the future. The study uses a descriptive-analytical legal method with a normative juridical and empirical juridical approach ( socio-legal research ), through literature studies, field studies, and qualitative juridical analysis. The results of this study indicate that Indonesia's immigration legal policy remains based on the principle of selective policy that prioritizes national interests and state security, while still providing limited space for humanitarian protection. Presidential Regulation Number 125 of 2016 provides a meeting point between the principles of state sovereignty and humanitarian protection through an operational and collaborative refugee management mechanism. However, its implementation still faces weaknesses in the form of ineffective inter-institutional coordination, unclear division of authority, and suboptimal governance of refugee management. This study proposes a reconstruction of the legal policy of refugee protection through a comprehensive revision of Presidential Regulation Number 125 of 2016 by strengthening cross-sectoral coordination, clarifying institutional authority, and establishing adaptive, effective governance mechanisms that align with Indonesia's immigration legal policy, thereby increasing legal certainty, effective governance, and humanitarian protection for refugees.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...