Rohingya Refugees: The Indonesian Government’s Dilemma between Legal Responsibility and Humanitarian Responsibility

This research explores the implementation of the Indonesian government’s dilemma regarding Rohingya refugees in relation to legal responsibility and humanitarian responsibility. This research is a normative (doctrinal) study with a statutory and conceptual approach. The results indicated that the Indonesian government has a legal responsibility to protect Rohingya refugees based on the principles in ratified international treaties, which include protection from expulsion and fulfilment of refugees’ basic rights in accordance with applicable legal provisions. Meanwhile, Indonesia’s humanitarian responsibilities are multidimensional: saving lives, fulfilling basic needs, and encouraging global political solutions. Despite limited resources and local pressures, the government continues to fulfil its role as a “first asylum country” based on the principles of humanity and solidarity.

Introduction

Refugee migration is a global issue (Al-Husban & Adams, 2016). The ongoing global phenomenon of individuals fleeing their homelands due to repression, conflict, and warfare is a global issue. Refugees cross a national frontier in order to escape conflict and seek asylum in a different country. The international laws of other nations protect them and guarantee the protection of their human rights. Refugees are individuals who cross international borders in order to prevent human rights violations and violence. At first glimpse, refugees are a symbol of insecurity and civil rights violations. People frequently are compelled to flee their country’s borders in search of protection abroad after they have been subjected to persecution and have lost their homes, communities, and means of subsistence (Hanif, 2023).

Rohingya refugees are an ethnic group from Myanmar who face significant challenges in Southeast Asia due to a lack of official recognition and discrimination. This has led them to seek refuge in neighboring countries, such as Indonesia (Komarudin & Ayuningtyas, 2024). The Rohingyas are acknowledged by the United Nations as one of the most persecuted and largest ethnic groups in the world (Hossain, 2025). Since 1948, the Rohingya have been denied formal ethnic status in the country, and in 1982, their citizenship was revoked. Instead, the government refers to them as illegal immigrants from Bangladesh. In Myanmar, the Rohingya have very few rights beyond citizenship, including limited access to religious freedom, marriage, work, and education (Robbins, 2020). Particularly in Southeast Asia, the Rohingya refugee crisis is a complicated and pressing humanitarian concern. Thousands of Rohingya have fled violence and destruction in Myanmar due to the conflict, seeking safety in neighbouring countries. Indonesia has responded to this situation as a nation with strong humanitarian ideals (Tahaet al., 2024).

Indonesia is one of the destinations to which the Rohingya ethnic groups have fled. Nevertheless, the presence of Rohingya refugees in Indonesia creates various advantages and disadvantages. The Rohingyas’ future in refugee countries is uncertain due to the Myanmar government’s failure to implement meaningful solutions and peace efforts in addressing this ethnic conflict (Dewiet al., 2022).

The presence of the Rohingya in Indonesia was anticipated as early as the first decade of the 2000s. Two types of Rohingya migratory movements emerged in 2009. In January 2009, the majority of these 193 Rohingya were welcomed at Sabang. In February 2009, around 198 Rohingya refugees who had come straight from Myanmar on the high seas were discovered in Indirayo, East Aceh. A second wave was kept at Idi Rayeuk’s corporate headquarters, while the first wave was sheltered in the refugee camps of the Indonesian Navy. Under these circumstances, the Indonesian government is collaborating with the Acehnese people, Acehnese local authorities, the Indonesian central government, the United Nations Humanitarian Crisis Relief Organisation, and the International Organisation for Migration (IOM) (Yusoffet al., 2022).

According to the UNHCR, from November 2022 to February 2023, a total of five boats carrying around 644 Rohingya people arrived in Aceh. Five ships carrying around 644 Rohingya have arrived in Aceh. Although Indonesia is considered appropriate in its contribution to resolving the Rohingya conflict due to its multiethnic condition and numerous recognized religions, it can certainly face all the challenges that exist, given its past failures to prevent conflicts such as the Poso tragedy and other incidents. Moreover, both Indonesia and Myanmar are members of ASEAN, which itself has the concept of non-intervention in resolving conflicts that cross national borders. However, in resolving the Rohingya conflict (Rizqiahet al., 2024). The ASEAN Regional Forum (ARF) and the ASEAN Intergovernmental Commission on Human Rights (AICHR) are mechanisms that are believed to be capable of aiding in the resolution of the conflict (Putraet al., 2019).

Method

This kind of study is also known as the normative juridical technique or doctrinal legal research, and it is frequently called library legal research (Disemadi, 2022). Doctrinal research, also referred to as library research, is a legal research method that exclusively utilises secondary data in the form of documents or library materials. Doctrinal research, also known as library research, is a type of legal research that exclusively employs secondary data in the form of documents or library materials. The documents in question are various sources, including books, journal articles, periodicals, newspapers, laws and regulations, contracts, cooperation agreements, notes, and research reports from previous studies. The data presentation in this category of literature research is typically qualitative (Hamzaniet al., 2023).

This research, grounded in existing literature, examines the Rohingya Refugees: the Indonesian Government’s dilemma between legal responsibility and humanitarian responsibility. Therefore, normative legal research concentrates exclusively on substantive legal doctrines identified in primary textual sources. Furthermore, the data was analysed descriptively and qualitatively. To achieve the research objectives, a qualitative assessment of the legal materials that have been collected is carried out using a statutory approach, theoretical foundations, and expert opinions (Zainuddin, 2022).

Legal Responsibility of the Indonesian Government

Although not bound by the Refugee Convention, the obligation to protect the fundamental rights of refugees remains under the principle of non-refoulement, which prohibits the return of refugees to their country of origin if they face a risk of harm. To guarantee that refugees’ fundamental needs are satisfied, the Indonesian government keeps in touch with international organisations like the UNHCR. This entails making sure their rights are upheld and offering emergency support (Kurniawan, 2017).

The UN Human Rights Commission recommended its draft, which established standard rules for the treatment of refugees. The Convention establishes the legal status of refugees and includes provisions on their rights and obligations as refugees in general. Despite Indonesia’s openness to incoming refugees. Indonesia is responsible for the determination of refugee status and the acquisition of basic human rights, which are guaranteed by the 1951 Refugee Convention. These rights include the right to protection, the right to life, and the right to obtain basic necessities (Rumiartha & Jayantiari, 2023).

The Indonesian government’s legal responsibilities face a dilemma when considering national interests and security. Some criticize the deportation policy as potentially violating the principle of non-refoulement and creating a tension between humanitarian responsibilities and the need to maintain national security. In this context, the government must strike a balance between the protection of human rights and a response to local community concerns regarding the social and economic impacts of the refugee presence (Sumampouwet al., 2024).

International law establishes the principle of non-refoulement as an important point of general application. This principle is a rule that prohibits a state from refusing or expelling a refugee back to his or her country of origin or to a territory where the refugee may face a serious threat to his or her life and freedom. This principle protects refugees from discrimination based on their race, religion, nationality, membership in a particular social group, or political opinion, as outlined in Article 3 of the 1951 Convention Relating to the Status of Refugees (Costello & Foster, 2022). Some international law experts categorize this principle as jus cogens, interpreting it as a basic norm of international law (Linderfalk, 2020).

The UDHR’s protective measures can be used to analyse Indonesia’s responsibilities to Rohingya refugees. According to the UDHR’s Article 14(1), people have the right to flee persecution in other countries. Therefore, Indonesia must respect Rohingya refugees’ rights to apply for asylum and give them the assistance and protection they need. Furthermore, UDHR’s Article 2 emphasises the idea that no one should be treated unfairly. According to the declaration, no one should be denied the rights and freedoms it enumerates because of their ethnic heritage, gender, language, political or other beliefs, nationality, social standing, possessions, birth, or any other status (Gunawanet al., 2024).

There are several reasons why the 1951 Refugee Convention has not been ratified. The Indonesian government prioritizes domestic issues, such as poverty, the economy, and internal conflicts. With the poverty rate increasing from 9.78% to 10.19% in 2020, the government feels that handling refugees could add to the already limited state budget. Therefore, the issue of refugees is considered less urgent than the internal challenges facing the country.

Indonesia regulates the handling of refugees through Law Number 6 Year 2011 on Immigration. In this context, Indonesia treats refugees as foreigners entering the country, thereby equalizing their provisions with those of other foreigners. However, this does not fully protect their specific rights as refugees.

The main legal basis governing refugee management in Indonesia is Presidential Regulation No. 125 of 2016 (i.e., PERPRES 2016) concerning the Handling of Refugees Abroad. It stipulates procedures for registration, protection, and refugee resettlement arrangements. It also regulates the responsibilities of the government and related institutions in handling refugees. Regarding the Presidential Regulation on Refugees, the Indonesian government handles immigrants differently due to specific conditions, referring to them as irregular migrants (Arief & Islam, 2024).

The role and responsibility of the Indonesian state towards Rohingya refugees is to ensure the protection and safety of Rohingya refugees in Indonesian territory. Indonesia, as a stopover country or destination country for political asylum seekers, must be ready to accept every refugee who comes. In handling asylum seekers, the Indonesian government collaborates with humanitarian agencies, structuring the assistance as a form of government responsibility (Muttaqin, 2024). As a form of accountability to countries in the world, UNHCR protects all countries, including Rohingya refugees. As the UN agency responsible for refugees, they work to ensure that the basic rights of Rohingya refugees are respected and that they receive proper protection. Their work includes providing emergency relief, shelter, food, clean water, healthcare, and education to refugees scattered across different countries, especially in Bangladesh, which hosts most of the Rohingya refugees.

Humanitarian Responsibility of the Indonesian Government

In order to preserve and uphold humanitarian ideals, human rights are understood and embraced in numerous national legal systems worldwide. This is because human rights are thought to have universal significance, which means that its worth is not constrained by time or location (Hadiet al., 2024).

In keeping with the tenets of Indonesian law, especially those found in Pancasila, the government’s response to the Rohingya refugee crisis demonstrates a commitment to justice and humanitarianism as core national ideals. These acts reflect a broader philosophical mandate that emphasizes the state’s obligation to defend and aid those who are experiencing extreme hardships, transcending just legal obligations to include a moral obligation. This philosophical foundation guarantees that all activities are firmly rooted in the ethical considerations of the Indonesian state, and it not only influences governmental decisions but also adheres to international legal standards and the nation’s constitutional commitments to protect human dignity and rights (Sudrajatet al., 2024).

The way the Indonesian government has responded to the Rohingya refugee crisis demonstrates a dual dedication to national security concerns and humanitarian ideals. Through its open acceptance of Rohingya refugees, emphasis on humanity as stated in Pancasila and the 1945 Constitution, and prioritization of their economic and social integration, Indonesia has shown adherence to international legal principles even though it has not ratified the 1951 Refugee Convention and its 1967 Protocol (Tahaet al., 2024).

The Indonesian government implemented a response to Rohingya refugees who fled to neighboring countries, fulfilling the concept of responsibility to protect Rohingya refugees. The central and local governments divided the appropriate agencies into two task forces to fulfill this obligation. The central government coordinates to address refugee policy-related issues, consolidation with UNHCR and IOM, and international relations with the Myanmar government, ASEAN, several donor countries, and the UN. Local governments assume responsibility for hosting refugees, distributing humanitarian aid, and meeting their needs (Meutia & Wiratma, 2018).

The Indonesian government’s humanitarian responsibility towards Rohingya refugees is based on international legal principles, domestic regulations, and moral commitments, even though Indonesia is not a signatory to the 1951 Refugee Convention. There are several humanitarian responsibilities of the Indonesian government towards Rohingya refugees, namely:

1. Rescue at Sea, the government is obliged to rescue Rohingya refugees who enter Indonesian waters as ‘individuals in distress’ under international maritime law. Refusal may be considered a violation of the principle of non-refoulement.
2. Access to Basic Services, Health: immunity programs, women’s reproductive services, and access to public health facilities in refugee camps; Education: enrolling refugee children in local schools and constructing emergency learning centres; Shelter: Construction of refugee camps with proper sanitation in Aceh and Sumatra. The construction of tents in various locations for Rohingya refugees in Aceh is one of the temporary accommodation options available to refugees in Indonesia. The city of Makassar accommodates the refugees in a diverse array of facilities, including communal houses, shelters, and immigration detention stations. In the interim, Rohingya refugees are being accommodated in Jakarta’s independent shelters (Gunawanet al., 2024).
3. Global Advocacy, Indonesia actively urges Myanmar through ASEAN and UN forums to stop systematic persecution and encourages signatory countries to the 1951 Convention (such as Australia and Canada) to accept more refugees.
4. Humanitarian Assistance Provision: The Indonesian government provides humanitarian aid to Rohingya refugees within its territory, in addition to providing assistance beyond its frontiers. The requirements of refugees are met through the support of local and international humanitarian organisations, which bolsters this endeavour (Sudrajatet al., 2024).

Major obstacles stand in the way of the Indonesian government’s fulfillment of these rights, particularly when many of its own citizens require assistance. Furthermore, the government is required to provide shelters and refugee processing centers, a task that naturally demands a significant portion of the state budget (APBN) (Hadiet al., 2024).

Conclusion

The Indonesian government has a legal responsibility to protect Rohingya refugees based on the principles in ratified international treaties. The responsibility includes protection from expulsion and the fulfilment of the basic rights of refugees in accordance with applicable legal provisions. Normatively, Indonesia has the 1945 Constitution, multilateral treaties, and customs of the international community regarding the protection of Rohingya refugees. Presidential Regulation No. 125/2016 on the handling of refugees embodies the rule of law and written regulations. Written regulations that are expected as instruments that reinforce Indonesia in dealing with the Rohingya problem in its legislation have not been able to maximise the protection and fulfilment of the human rights of Rohingya refugees. Overall, Indonesia’s humanitarian responsibilities are multidimensional: saving lives, meeting basic needs, and promoting global political solutions. Despite limited resources and local pressures, the government continues to fulfil its role as a “first asylum country” based on the principles of humanity and solidarity.