Prophetic Law Review Volume 5, Issue 1, June 2023
UNHCR to carry out refugee status determination in the country. Despite no international
legal obligation, Indonesia has acceded to several core human rights treaties, which
provide a range of protections for asylum seekers and refugees.7
The Indonesian government's attitude toward the right to citizenship for international
refugee children born in Indonesia has triggered a population of stateless persons. In
research conducted by the Non-Governmental Organization (NGO) SUAKA entitled A
Life Forsaken: Fate Research Report on Rohingya Refugees in Indonesia, Civil
registration is still considered discriminatory regarding the registration of the births of
Rohingya refugees, making it difficult for Rohingya refugees to truly enjoy their basic
rights as refugees, such as the right to education, the right to work, the right to health, and
the right to obtain legal protection status from the Indonesian government.8 Humans who
are born stateless create a situation of being caught between having rights and non-rights.
It causes stateless people born in Indonesia not to guarantee any rights and protection from
the Indonesian government.
B. Problem Formulations
These research analyses two main issues: first, how far the urgency of having
citizenship status for the statelessness of international refugee children born in Indonesia?.
Second, what is the Indonesia’s responsibility towards fulfilling rights to a nationality for
International Refugee Children Born in Indonesia under International Human Rights Law?
C. Methodology
This research adopts normative legal research, namely research conducted on legal
principles, and legal rules in terms of legal norms which relate to the research material.
The approaches of this research are the statutory and conceptual approaches. The research
data was gathered through a literature review, in which data collection is carried out using
secondary data as the primary material for research by searching for regulations and other
literature related to the problem being researched. The analysis used is qualitative,
including highlighting the problem-solving efforts, in the sense that the data will be
7
Nikolas Feith Tan, 'The Status of Asylum Seekers and Refugees in Indonesia,' 28 (3) International
Journal of Refugee Law (2016), 366. Dodik Setiawan Nur Heriyanto, Sefriani, and Fezer Tamas, ‘No Choice
but to Welcome Refugees: the Non-Refoulement Principle as Customary International Law’, 10 (1) Lentera
Hukum (2023), 315-316.
8
Riva Dessthania Suastha. 'Perkara Status Hambat Pemenuhan Hak Pengungsi Rohingya Di RI'
(CNN
Indonesia,
2016)
<https://www.cnnindonesia.com/internasional/20161205204330-106177559/perkara-status-hambat-pemenuhan-hak-pengungsi-rohingya-di-ri> accessed 1 April 2023.
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