THE HANDLING OF ASYLUM SEEKERS AND REFUGEES IN INDONESIA IN STATE SOVEREIGNTY THEORY
One of the problems facing the country today is the existence of asylum seekers and refugees, this has arisen since mankind has known war. Asylum seekers and refugees, which have now become national and even international problems, cannot be separated from the policies taken by a country in protecting its citizens from the various impacts caused by the migration flow. The precautionary principle applied by the Indonesian government in addressing the problem of the increasing number of asylum seekers and refugees today is manifested by political attitudes that are not part of the countries that ratified the 1951 Convention and the 1967 Protocol on the Status of Refugees. Problems then arise when the government has to deal with asylum seekers and refugees. Legal arrangements in handling asylum seekers and refugees in Indonesia in the theory of state sovereignty are currently regulated in the Regulation of the Director General of Immigration Number IMI-1489.UM.08.05 dated 17 September 2010 concerning the Handling of Illegal Immigrants, where the regulation is still at the level of the Director General's regulation. The handling of asylum seekers and refugees in Indonesia should be regulated at the level of the law. In addition, because Indonesia is not a member country that ratified the 1951 Refugee Convention and the 1967 Refugee Protocol, so the Immigration Law only accommodates the understanding that violators of an illegal entry permit, then they are an immigration crime. However, in an effort to maintain state sovereignty, it is necessary to issue a law-level arrangement containing the handling of the problem of refugees and asylum seekers in Indonesia, for example the process of placing refugees in third countries (resettlement) and voluntary return (assisted voluntary) and regulations for refugees. Violating Indonesian criminal law.
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