Application of the Non-Refoulement Principle in Handling Foreign Refugees in Indonesia

Abstract

Indonesia, as a major refugee transit country, has not ratified the 1951 Refugee Convention and its 1967 Protocol and remains formally unbound by their provisions, although the principle of non-refoulement remains binding as part of customary international law applicable to all states. This study aims to analyse the application of the non-refoulement principle in Indonesia's refugee-handling policies, focusing on Rohingya refugees in Aceh as a reception area and Batam as a transit area, examined through the lens of the rule of law and human rights protection. This normative legal research employs a statute approach and a conceptual approach, with systematic and comparative interpretation techniques applied to relevant primary and secondary legal materials. The findings reveal that Indonesia applies the non-refoulement principle partially by avoiding forced repatriation, yet has not ensured comprehensive protection of refugees' basic rights. Aceh demonstrates a humanitarian approach in receiving refugees, whereas Batam reflects an administrative approach that restricts access to fundamental rights. Three key challenges are identified: the absence of specific refugee legislation creating a legal vacuum, weak inter-institutional coordination, and social dynamics affecting the sustainability of protection. This study concludes that Indonesia's implementation remains at the level of survival-based protection, falling short of the dignity-based standard required by international law. It is recommended that the government enact a comprehensive refugee law, strengthen inter-agency coordination mechanisms, and reorient policy towards active, rights-based refugee protection.