KAJIAN YURIDIS TERHADAP PENGATURAN SUAKA POLITIK MENURUT HUKUM INTERNASIONAL DAN IMPLEMENTASINYA DI INDONESIA (STUDI KASUS 22 ORANG PENCARI SUAKA ASAL AFGHANISTAN DAN SOMALIA DIBERANGKATKAN KE AMERIKA SERIKAT)

Abstract

ABSTRACK Asylum seekers are currently a universal phenomenon. This is triggered by the rampant wars that have occurred in a number of countries which have resulted in their people experiencing persecution or fear continuously and being forced to leave their homeland to obtain asylum in the hope that they can live better, have a better future. Problem Formulation 1. How is the legal regulation of the granting of political asylum in international law, 2. How is the legal study of the implementation of political asylum in Indonesia. This study uses a normative legal approach which is carried out by examining library materials that include research on legal principles and legal theories. This study aims to analyze the legal regulations governing the granting of political asylum in international law and to analyze the implementation of political asylum in Indonesia with a focus on a case study of 22 asylum seekers from Afghanistan and Somalia. The results of this study indicate that international law has regulated the rights of asylum seekers through the 1951 Refugee Convention and the 1967 Protocol, which emphasize the principle of non-refoulement as the main protection for refugees. Although Indonesia has not ratified the 1951 Refugee Convention and its 1967 Protocol, it remains committed to respecting the principles of international law, including the principle of non-refoulement. Indonesia does not have a permanent asylum mechanism and relies on cooperation with the UNHCR to determine refugee status and facilitate resettlement to third countries. The study also highlights further coordination between the government, UNHCR and the international community to create more effective long-term solutions for political asylum seekers.