The Constitutional Right to Asylum and Humanitarianism in Indonesian Law
"Foreign Refugees" and PR 125/2016
Bibliographic Data
| ID | 3793098 |
|---|---|
| Authors | Bilal Dewansyah (0000-0002-4509-4827), Ratu Durotun Nafisah (0000-0002-1855-5173) |
| Year | 2021 |
| Volume | 8 |
| Issue | 3 |
| Pages | 536-557 |
| Publication date | 2021-10-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2021.8 |
| OpenAlex | W3201088173 |
| Language | EN |
| Citations received | 4 |
| References cited | 26 |
Article 28G(2) in Indonesia's 1945 Constitution reflects a human rights approach to asylum; it guarantees "the right to obtain political asylum from another country," together with freedom from torture. It imposes an obligation upon the state to give access to basic rights to those to whom it offers asylum, following an appropriate determination procedure. By contrast, in Presidential Regulation No. 125 of 2016 concerning the Treatment of Refugees, the Indonesian government's response to asylum seekers and refugees is conceptualized as "humanitarian assistance," and through a politicized and securitized immigration-control approach. We argue that the competition between these three approaches-the human right to asylum, humanitarianism, and immigration control-constitutes a "triangulation" of asylum and refugee protection in Indonesia, in which the latter two prevail. In light of this framework, this article provides a socio-political and legal analysis of why Article 28G(2) has not been widely accepted as the basis of asylum and refugee protection in Indonesia
Asylum seeker · Citizenship · Constitution · Convention · Freedom of movement · Human rights · Immigration · Obligation · Political science · Politics · Refugee · Torture · Indonesian Legal and Regulatory Studies · Legal and Policy Analysis in Indonesia · Migration, Refugees, and Integration · Law
Pancasila and Pragmatism
Explaining Norms
The Law of Refugee Status
Troubled Transit
Rethinking Asylum
Constitutional Change and Democracy in Indonesia
Asylum as a General Principle of International Law
Human Rights, Refugees, and The Right 'To Enjoy' Asylum
The Status of Asylum Seekers and Refugees in Indonesia
Religious Violence and the Ministry of Religion
Australia–Indonesia cooperation on asylum-seekers
Introduction
Comparative Perspectives of Constitutional Asylum in France, Italy, and Germany
Repressive-Developmentalist Regimes in Asia
Australia as a Powerbroker on Refugee Protection in Southeast Asia
Building a Better Refugee Status Determination System
Asylum Seekers in a Non-Immigrant State and the Absence of Regional Asylum Seekers Mechanism
Pancasila as the Sole Foundation
The Geopolitics of Refugee Studies
ThePancasilaDelusion
| Citations per year | 2 |
|---|---|
| Citation span | 2024 - 2026 (3) |
| Highly cited | No |