STATE RESPONSIBILITY ON THE SECURITIZATION AND PROTECTION OF REFUGEES UNDER THE IMMIGRATION LEGAL SYSTEM IN INDONESIA Atik Krustiyati*, Gita Venolita Valentina Gea, Ivan Ramos
Faculty of Law, University of Surabaya
Jalan Raya Kalirungkut, Surabaya
*krustiyati[at]staff.ubaya.ac.id
Abstract
As a member of the Association of Southeast Asia Nations (ASEAN), Indonesia also carry the obligation of commitments formed in the sector of tourism, as one of ASEAN^s key area of cooperation. Therefore, it^s no doubt for Indonesia to establish a secure circumstance for tourism sector in its territory. It^s a responsibility for a state to ensure both securization and protection towards all foreign people in its territory, as well as the foreign people needs to comply with regulations applied there. However, the fact that not all foreign people entering another state are all immigrants as tourists or residents, but also include asylum seekers and refugees as well. This paper aims to examine and study further on how the immigration legal system that applies in Indonesia accommodates the securitization and protection towards refugees as foreign people. The juridical normative method was used thorough this paper with statute, conceptual, and case approach applied. It^s later found that some of regulations in the field of immigration in Indonesia, has not fully covered the securitization and protection in Indonesia, one of the existing regulation which obliged foreign people to bring travel documents such as visa or passport. However, a refugee may encounter a situation that forced him/her to flee empty handed. Therefore, Indonesia^s state responsibility on the securitization and protection of refugees needs to be re-evaluated and be proposed with a new paradigm and breakthrough.
Keywords: State Responsibility- Refugees- Immigration- Securitization- Protection
