PROBLEMATIKA PENERAPAN PRINSIP NON-REFOULEMENT BAGI PENGUNGSI INTERNASIONAL SEBAGAI JUS COGENS DI INDONESIA

Abstract

The principle of non-refoulement is respected in order to accept the flow of refugees into its territory. However, various problems arise in handling the protection of international refugees in Indonesia. This research aims to examine how the protection of international refugees in Indonesia, how the principle of non-refoulement as jus cogens for international refugees in Indonesia, and what are the problems of the principle of non-refoulement as jus cogens for international refugees in Indonesia. The method in this research uses normative research by using a conceptual approach, as well as statutory approaches and other instruments related to refugees. The results show that, firstly, Indonesia's concern for the flow of refugees entering Indonesian territory shows that Indonesia upholds the values of Pancasila and respect for the principle of non-refoulement. Second, the principle of non-refoulement is part of the jus cogens that Indonesia believes to accept the flow of refugees entering its territory with and/or without regard to reservations as stated in the 1951 Convention and 1967 Protocol on the Status of Refugees. Third, although the applicable national instruments related to the handling of refugees entering Indonesian territory have provided clarity on the treatment of refugees, it is not enough to provide legal certainty in handling the protection of refugees entering Indonesian territory and Indonesian sovereignty itself. Therefore, Indonesia needs a comprehensive special policy to provide a role in handling refugee protection based on humanity without overriding the sovereignty of the State.

Keywords : Non-refoulement, jus cogens, soverignty