Electronic Theses and Dissertation

ABSTRACT

M. Yakub Aiyub Kadir, S.Ag, LL.M., Ph.D
As of 2022, Indonesia has reported a total of 13,174 refugees and asylum seekers arriving in the country, many seeking resettlement in a third country. As a non-signatory state to the 1951 Geneva Convention, Indonesia struggles to offer legal certainty to refugees within its borders. In contrast, Poland, despite being a signatory state to the Convention, historically maintained a prejudiced view on refugees until the Russia-Ukraine war. Comparing these two countries in opposite situations illuminates how international legal frameworks influence national refugee policies.
This thesis aims to research on the influence of the 1951 Convention on refugee and asylum seeker procedures in Indonesia and Poland. It also evaluates Indonesia's Presidential Regulations No. 125 of 2016 in accommodating refugees and asylum seekers and proposes solutions to address challenges faced by both countries.
The research is conducted through comparative legal research method, which examines the similarities and differences in legal rules, doctrines, procedures, and legal reasoning. Data that will be used in the research will be collected using the library research strategy where the author gathers information from regulations, journals, books, websites, the legislation of each participating country, and the 1951 Geneva Convention.
Key findings indicate that Indonesia's Presidential Regulations No. 125 form a foundational framework for refugee protection, albeit with variations from international standards. Effective policy implementation and institutional capacity are crucial amid challenges like resource constraints, and addressing socio-economic disparities and enhancing regional cooperation are essential for refugee integration. Poland on the other hand, aligns with international refugee protection standards but faces persistent disparities due to entrenched racism and xenophobia. Anti-immigrant sentiments, especially towards people of color, result in unequal treatment, posing integration challenges based on nationality or ethnicity.
Based on this research, Indonesia should align Presidential Regulations No. 125 with international standards, enhance capacity-building for local stakeholders, address socio-economic barriers for refugees, and strengthen regional partnerships. Meanwhile, Poland should enforce anti-discrimination laws rigorously, promote public awareness, expand integration programs, and establish effective monitoring frameworks to improve refugee conditions and foster societal inclusivity.

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