this research aims to provide a deeper understanding of the current legal frameworks and
propose potential solutions to address the challenges of statelessness.
RESULTS AND DISCUSSION
Indonesia's Experience and Contribution in the National and International Sphere to
Stateless Nations
Indonesia is one of the states that neither ratified the 1951 Convention Relating to the
status of refugees nor its 1967 Protocol; therefore, has no legal responsibility to accommodate or
to take in stateless individuals. However, the Indonesian government has expressed a promise to
stateless people by issuing a number of statements at the High-Level Segment on Statelessness in
October 2019. The following statements highlighted four key objectives, i.e.: (1) To increase the
areas of operational activity and infrastructural support related to the registration of citizens of
the country; (2) To increase the use of online systems in citizenship registration and population
registration; (3) To enhance collaboration with UNHCR in the process of managing refugees and
asylum seekers; (4) To work together with every national government, particularly the
signatories of the two Statelessness Conventions, to promote joint learning, capacity building and
sharing of technologies to reduce statelessness. The fact that the above said international
conventions are not ratified does not mean that Indonesia state does not respect the human rights
of stateless persons (Darmawan & Heriyanto, 2023; Pinilih et al., 2022; Ariestu, 2018;
Muhammad, 2024; Sutiarnoto et al. 2020; Khalid & Ardianto, 2020). Warner (2004, p. 46)
observes that the idea that every human being deserves rights, which is guaranteed by the
Constitution, and fitting within the context of the human-rights jurisprudence, is what makes
protection universal.
More broadly speaking, the protection of human rights also should be in compliance with
the normative standards established in the 1954 Convention and the 1961 Protocol on
Statelessness. This congruence is indicative of the ethics of Indonesia and its firm beliefs in
defending human rights, even those who have no national identity. The commitment of the
government is also demonstrated by the fact that it has ratified the Convention Against Torture
and Other Cruel, Inhuman, or Degrading Treatment or Punishment through Law No.5 of 1998
(Rodley, 2002; Kilibarda, 2022; Geamănu, 2012; Prawira, 2025). The legitimacy of this move to
endorse this convention is based on the philosophic basis of Pancasila and 1945 Constitutionboth the guiding principles that preach the idea of human dignity based on just and civilized
humanity. A society that is well structured, civilized, according to these principles is seen to be a
paramount requirement in maintaining peace, domestic order and world affluence, which in turn
maintains human civilization. The convention provides that the state should not refuse, send
back, or hand over a person to a different country in the event that credible evidence has shown
that the individual is going to be subjected to torture or other serious offences.
Even though there are numerous challenges and burdens involved in harboring stateless
Rohingya refugees, the Indonesian government has been undertaking strategic actions. These are
reaching out to the governments of Malaysia and Thailand to offer temporary accommodation
and the most effective help, and proactively urging the member states of the ASEAN to open the
broadest protection to humanitarianism. The state has also made clear guidelines through the
Ministry of Foreign Affairs to all parties to stop any violent actions, to help in restoring order in
security, and to ensure the stability of the foreign-policy structure of ASEAN. This support of
refugees in Indonesia is forming a mutual system with the United Nations High Commissioner of
Refugees (UNHCR) and other global human-itarian and migration organizations. The
collaboration with UNHCR helps provide international protection and durable solutions, i.e.
repatriation or resettlement, whereas the collaboration with the International Organization of
Migration (IOM) helps refugees to meet their immediate needs of food, health, and clothes. These
complex partnerships include the attempts to discover, resettle, stabilize, and control migration
flows.
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