ISSN: 2686-2379; E-ISSN: 2686-3464 A. Introduction Indonesia is an archipelagic country located in Southeast Asia, lying between the Indian and Pacific Oceans. It is located in a strategic location astride or along major sea lanes connecting East Asia, South Asia, and Oceania. This strategic position has led Indonesia to become one of the transit countries for international asylum seekers and refugees with Australia as the destination country.3 Refugees are people who cross international borders in order to flee human rights abuses and conflicts. Refugees are prime evidence of human rights violations and vulnerability. People who are persecuted and deprived of their homes and communities and means of livelihood are frequently forced to flee across the borders of their home countries and seek refuge abroad.4 According to the data provided by the United Nations High Commissioner for Refugees (UNHCR) in Indonesia, at the end of September 2021, the cumulative number of refugees and asylum seekers in Indonesia was recorded at 13.273 people from 49 countries and more than half of the population came from Afghanistan.5 The majority of refugees do not enter Indonesia as a destination, but only a place to stop temporarily before going on to countries that they consider ideal for meeting the needs of refugees, including Australia and America.6 There are several problems faced by international refugees arriving in Indonesia, one of which is not being grant the right to a nationality for babies born to international refugees in Indonesia. This includes both those born from both parents who are international refugees or from one of their parents who is an international refugee. Like many Southeast Asian states, Indonesia is not a party to the 1954 Convention relating to the Status of Refugees and Convention on the Reduction of Statelessness of 1961 (the Refugee Convention). This lack of international protection for refugees is exacerbated by the absence of a regional human rights convention, like those found in Europe and the Americas. Furthermore, domestic legal protections are absent as no national legislation comprehensively provides for refugee rights. Indonesia has no asylum system but allows 3 Lin Karita Sakharina and Kadarudin, Pengantar Hukum Pengungsi Internasional (Perbedaan Istilah Pencari Suaka, Pengungsi Internasional Dan Pengungsi Dalam Negeri) (Deepublish, 2017), 38. 4 Alexander Betts and Gill Loescher, Refugee in International Relations (Oxford University Press 2011), 1. 5 UNHCR. 'Indonesia Factsheet' (2021) <https://reporting.unhcr.org/document/858> accessed 19 March 2023. 6 Antje Missbach, Troubled Transit: Asylum Seekers Stuck in Indonesia (ISEAS-Yusof Ishak Institute 2015), 7. 23

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