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The Challenge of Administrative Sovereignty over Refugee RightsFor the past decade, Indonesia has managed displaced persons primarily through administrative policies rather than a comprehensive statutory framework. The primary regulatory instrument is Presidential Regulation No. 125 of 2016 concerning the Handling of Refugees from Overseas. While this regulation reflects a clear moral and humanitarian engagement by the Indonesian government, it does not establish a rights-based legal framework. Because there is no formal national asylum system, refugees arriving in Indonesia are legally categorized as irregular or illegal migrants under standard immigration control frameworks. Untung Setyardi of Universitas Atma Jaya Yogyakarta points out that this legal status places refugees in a prolonged state of uncertainty, often referred to as "protracted liminality". Under current administrative restrictions, refugees face severe limitations on their freedom of movement, lack legal access to employment, and cannot enroll in formal education systems. This forces total dependency on international organizations like the UNHCR and IOM, creating socioeconomic vulnerabilities that conflict with universal human rights norms.
A Qualitative and Conceptual Analytical Approach
To address these systemic legal limitations, the study utilizes a qualitative doctrinal legal research design. This approach focuses on analyzing the coherence, consistency, and structural adequacy of Indonesia's existing legal rules governing displaced populations. The analysis relies entirely on normative legal materials, evaluating national regulations alongside international human rights instruments and comparative jurisprudence.The methodology combines a statutory approach with a conceptual approach. The statutory approach examines the practical application and enforcement gaps of Presidential Regulation No. 125 of 2016 from its enactment up to 2025. Meanwhile, the conceptual approach explores the theoretical foundations of the in dubio pro humanitate doctrine, which dictates that legal ambiguities must be resolved in favor of human dignity. By applying qualitative content analysis to these texts, the research builds a rigorous argument for integrating flexible international principles into domestic judicial and administrative reasoning.
Five Key Findings on Indonesia's Refugee Framework
The qualitative text analysis conducted by Untung Setyardi at Universitas Atma Jaya Yogyakarta identified five primary findings regarding the current state of refugee protection:
- Dominance of Policy Pragmatism: The national protection regime depends heavily on administrative discretion and temporary policies rather than binding statutory laws, creating severe legal uncertainty.
- The Humanitarian Paradox: Indonesia shows a clear willingness to accommodate refugees and cooperate with international bodies on humanitarian grounds, yet fails to provide enforceable, justiciable legal guarantees for the refugees themselves.
- Prolonged State of Liminality: Due to the absence of a domestic asylum mechanism, authority is left to international bodies, leaving refugees stuck in long waiting periods for resettlement without durable local solutions.
- Prioritization of Migration Control: The domestic framework prioritizes state sovereignty and border control over protection-oriented paradigms, treating vulnerable individuals as irregular migration challenges.
- Doctrinal Basis for Integration: The Indonesian legal system formally recognizes general principles of law as a valid source of law, meaning the country possesses the exact doctrinal foundation needed to adopt human-centered interpretive principles.
Real-World Impact and Policy Implications
The proposed legal reconstruction offers substantial benefits for policymakers, judicial figures, and regional governance. Incorporating this humanitarian principle provides government agencies with a unified framework to standardize operating procedures and harmonize decision-making processes across fragmented institutions. On a broader societal scale, adjusting policies to grant refugees restricted access to education and self-reliance through limited employment can reduce the financial burden on host communities and international aid organizations. Furthermore, by utilizing this interpretive mechanism to uphold human rights standards, Indonesia can strengthen its international reputation and solidify its role as a diplomatic leader in humanitarian governance across Southeast Asia.
Author Profile
Untung Setyardi is a legal scholar, lecturer, and researcher affiliated with the Faculty of Law at Universitas Atma Jaya Yogyakarta (UAJY) in Indonesia. His academic expertise focuses on International Law, International Refugee Law, and Human Rights Law.
Source
Untung Setyardi (2026), Reformulating the Legal Framework for International Refugee Protection under the in Dubio Pro Humanitate Principle in Indonesia, Formosa Journal of Applied Sciences (FJAS) 2026, Vol. 5, No. 4, Halaman 1057-1072.
DOI: https://doi.org/10.55927/fjas.v5i4.46
URL: https://journalfjas.my.id/index.php/fjas
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