Electronic Theses and Dissertation

Abstract sri muliana azhari, constitutional protection for child refugee in indonesia: the rohingya case in aceh 2021 faculty of law, syiah kuala university (v, 84) pp,.bibl,. (dr. m. ya’kub aiyub kadir) indonesia's strategic position is the inevitable cause of the influx of refugees. indonesia is not a party to the 1951 refugee convention and the 1967 protocol. however, in recent years it has accepted refugees as a transit country based on humanitarian grounds. although indonesia did not ratify the 1951 refugee convention and the 1967 protocol, indonesia is a party to the 1989 convention on the rights of the child (crc). the protection provided by indonesia to refugees is temporary, uncertain, and sporadic, so that leaves many problems, especially for child refugee. this study aims to determine whether article 34 of the 1945 constitution can be applied to handling child refugee in indonesia and how rohingya child refugee in aceh are protected. the research used in this study is normative research. data collection techniques through literature study to obtain secondary data and using field studies conducted through interviews. interviews were conducted with united nations high commissioner for refugees (unhcr), united nations children's fund (unicef), indonesia red cross, and aksi cepat tanggap (act), who directly involved in handling rohingya child refugee in aceh to complement the research results obtained. the results of this study found that article 34 of the 1945 constitution can be applied in the handling of child refugee in indonesia and the government of indonesia has made efforts to provide the maximum possible protection for rohingya child refugee in aceh. however, there are still children's rights that do not meet the standards of the 1989 crc. it is recommended that the indonesian immediately revise law number 6 of 2011 concerning immigration, so the immigration law recognizes the terms refugees and asylum seekers and revised presidential regulation 125 of 2016 concerning the handling of refugees from abroad to fulfill the rights of child refugee who need special protection and also to handle the refugee problem in indonesia affectively. it is also expected more active cooperation between unhcr and the government in dealing with child refugee in indonesia, particularly in education.