Abstract :
The existence of refugees in Indonesia is not clear from the perspective of
national law, because the 1951 UN Convention on the Status of Refugees has not
yet been ratified. The United Nations High Commissioner for Refugees (UNHCR)
is mandated to determine refugee status for asylum seekers requesting refugee
status in Indonesia. The existence of refugees who are not identified in the
national law, especially Law Number 6 Year 2011 concerning Immigration which
divides the population into Indonesian and foreign citizens. Foreigners are
required to have a residence permit to be in Indonesia and are obliged to comply
with existing regulations in Indonesia, including deportation for foreign nationals
who violate the provisions. Foreign nationals who have received a refugee card
from UNHCR in this discussion have committed a criminal offense but cannot be
deported. This study uses a normative approach by analyzing positive legal rules,
namely immigration law. There are no provisions regulating asylum seekers and
refugees in Indonesia, and Presidential Regulation number 125 of 2016
concerning Handling of Refugees from Abroad cannot provide a solution in
handling the problem of refugees in Indonesia.