Balancing International Legal Obligations, Human Rights, and National Interests: Indonesia's Response to Rohingya Refugees in Aceh

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Aan Asphianto, Belardo Prasetya Mega Jaya, Agung Satrio Wicaksono, Suheflihusnaini Ashady, Robert Lengkong Weku, Dila Anggita, Alief Risyawan Risyawan

2026 Law Reform: Jurnal Pembaharuan Hukum Vol. 22 Issue 1 Article Cited by 0 SDG 17SDG 16 Quartile

Abstract

The principle of non-refoulement, enshrined in international law, requires states not to return refugees to a place where they face the threat of persecution. This idea has been implemented by Indonesia as a state that promotes human rights in receiving Rohingya refugees who are displaced from their country of origin. However, its application is not free from contradictions between international duties, national interests and human rights. This study seeks to explore the effect of international law on Indonesia"s reaction to the Rohingya refugee problem and to analyse the government"s position in balancing these competing interests. The mixed-method approach is applied, integrating empirical research based on focus group discussions and interviews with a normative examination of primary and secondary legal materials. The results show that Indonesia still holds to the concept of non-refoulement despite not ratifying the 1951 Refugee Convention. However, there is a need for revision of regulations, particularly Presidential Regulation No. 125 of 2016, to guarantee the fulfilment of the basic rights of refugees and the provision of adequate financial support, especially in Aceh. In conclusion, Indonesia should implement cautious legal reforms to improve legal clarity, defend the rights of refugees, and properly balance between international, national and humanitarian interests. Such approaches would also boost cooperation among institutions, improve policy implementation, and foster sustainable humanitarian governance in handling future refugee crises in a comprehensive manner nationwide. © (2026), (Diponegoro University). All rights reserved.

Affiliations

Department of Criminal Law, Universitas Sultan Ageng Tirtayasa, Indonesia; Department of International Law, Universitas Sultan Ageng Tirtayasa, Indonesia; Department of Statistics, Universitas Sultan Ageng Tirtayasa, Indonesia; Department of Criminal Law, Universitas Mataram, Indonesia; Department of Private Law, Universitas Khairun, Indonesia; Department of English Education, Universitas Negeri Jakarta, Indonesia; Department of Public Finance, Erciyes University, Turkey

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