Stalemate: Refugees in Indonesia — Presidential Regulation No 125 of 2016

Abstract

This policy paper examines Presidential Regulation (Perpres) No 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia, signed by President Joko Widodo on 31 December 2016. This long-awaited regulation reiterates Indonesia’s long-held position on its responsibilities towards asylum seekers and refugees. Perceiving itself as a transit country only, Indonesia attempts to protect refugees but welcomes them only for terminable period. This policy paper analyses the content of this Presidential Regulation, pointing out its strengths and weaknesses, in order to alert policy-makers to the remaining gaps in the protection of refugees. Although it makes some progress in regard to rescuing refugees in emergency situations, our analysis concludes that the Presidential Regulation still lacks substantial commitment to the effective protection of refugees. Rather than offer any durable solution for asylum seekers and refugees staying on in Indonesia, the current policies create ‘permanent temporariness’. Not only are resettlement options in safe third countries shrinking, but voluntary repatriation to their conflict-ridden countries of origin is often not feasible. So long as local integration into the Indonesian society, which the United Nations High Commissioner for Refugees (UNHCR) would like as a third durable solution, is not an option, refugees and asylum seekers will continue to suffer the most in the current stalemate.

Refugee Protection in Japan and Taiwan: Common Challenges and Ways Forward for Human Security

“…A glimmer of hope outside of the Convention was when Indonesia released a Presidential Regulation in 2016, setting an operational framework on the treatment of asylum seekers, even though it is not a party to the Convention. With this regulation, asylum seekers in Indonesia are not treated under the immigration act that stipulates the arrest and detention of migrants without documents (Missbach et al, 2018). Limitations, however, are still seen in a lack of resources and political will to implement effective refugee protection under the regulation (Missbach et al, 2018).…”

“…With this regulation, asylum seekers in Indonesia are not treated under the immigration act that stipulates the arrest and detention of migrants without documents (Missbach et al, 2018). Limitations, however, are still seen in a lack of resources and political will to implement effective refugee protection under the regulation (Missbach et al, 2018). Jones (2014) examines another alternative for Southeast Asia, a "law of asylum" that guarantees "rights to individuals rather than refugees" by arguing that many of the civil and political rights guarantees in the Convention are already provided by major international human rights treaties.…”

Migration to Southeast Asia

“…In Indonesia, the 2016 Presidential Regulation No. 125 addressed some humanitarian concerns such as the rescue of forced migrants and temporary protection in internationally funded shelters but not including resettlement thus leading to a state of what researchers have called a state of "permanent temporariness" (Missbach et al, 2018). Indonesia has had strong relations with the Myanmar government since the 1940s (Lang, 2012).…”