The Covid-19 Pandemic in Indonesia: Children as Children First, Child Refugees Second?

Penulis

  • Natalia Yeti Puspita Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

DOI:

https://doi.org/10.30651/justitia.v7i1.17839

Abstrak

Indonesia is often a transit country for refugees, even though Indonesia is not ratified the 1951 Refugee Convention and the 1967 Refugee Protocol. The Covid-19 pandemic has made it even more challenging to fulfil human rights guarantees for child refugees in Indonesia. Child refugees and refugees who were not accompanied by adults are the group most vulnerable to human rights violations.Based on this, this paper will analyze the legal protection for child refugees in Indonesia during the Covid-19 pandemic. This article is the result of normative legal researchwhichemphasizes secondary data. The data was obtained through library research.The legal protection for handling refugees, especially child refugees in Indonesia and during the Covid-19 pandemic, is based on the principle of non-refoulment, the principle of non-discrimination and the principle of the best interests of child.

Keywords: Legal Protection, Child Refugees, Indonesia, Covid-19 Pandemic.

Biografi Penulis

Natalia Yeti Puspita, Fakultas Hukum Universitas Katolik Indonesia Atma Jaya

International Law Department

Referensi

Book

Betts, Alexander, et al., Refugees in International Relations 1, (2011).

Garner, Bryan A., Black's Law Dictionary 1394, (9th Ed., 2009).

Hadjon, Philipus M., Introduction to Indonesian Administrative Law 10, (2011).

Hathaway, J.C., The Law of Refugee Status 104-105, (1991).

Maria S.W. Sumardjono, Guidelines for Making Research Proposals A Basic Guide 26, (1997).

Marzuki, Peter Mahmud, Legal Research 35, (2008).

UNHCR, A Guide to International Refugee Protection and Building State Asylum Systems: Handbook for Parliamentarians 17 (No.27, 2017).

UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status 21, (2019).

Article (Journal)

Foster, Michelle, Causation in Context: Interpreting the Nexus Clause in the Refugee Convention, 23 Mich. J.Int’ll.L. 266 (2002).

Nguindip, Nana Charles, The Right to Non-Discrimination and the Protection of Refugee Status under Cameroonian Lawâ€, 3 (5) Int’l. J.L.89, (2017).

Simeon, James C, Searching for Ways to Enhance The UNHCR’s Capacity To Supervise International Refugee Lawâ€, In the UNHCR and the Supervision of International Refugee Law 1 (Cambridge University Press, 2013).

Suharti, Fulfillment of Child Refugee Rights in Indonesia and Regulatory Implementation Regarding the Handling of Foreign Refugees, 10 International Journal of Criminology and Sociology, 945 (2021).

Website

Amnesty International, Refugees, Asylum Seekers, and Migrants, available at https://www.amnesty.org/en/what-we-do/refugees-asylum-seekers-and-migrants/, (last visited on March 1st, 2021).

B.B.C., Rohingya Crisis: Nearly 300 Refugees Land in Indonesia after Months at Sea (2020), available at https://www.bbc.com/news/world-asia-54034014, (last visited on August 10, 2021).

Brookings-Bern Project on Internal Displacement, Human Rights and Natural Disasters, Operational

Guidelines and Field Manual on Human Rights Protection in Situations of Natural Disasters 8, (2018), available at https://www.brookings.edu/wp-content/uploads/2016/06/spring_natural_disasters.pdf, (last visited August 15, 2021).

Elsam, Protection of Refugees Under International Law, (2014), available at https://reference.elsam.or.id/wp-content/uploads/2014/10/Perlindungan-Refugee-Refugee-According to Law-International.pdf (last visited on April 10, 2021).

Genecraftlabs, History of the Corona Virus that Causes the Covid-19 Outbreak, available at https://genecraftlabs.com/id/sejarah-coronavirus-penyebab-wabah-covid-19/, (last visited on February 12, 2020).

Karlina Lestari, Covid-19 is declared a Pandemic, available at https://www.sehatq.com/article/covid-19-determined-as-pandemic-apa-mean, (last visited on April 10, 2020).

Merriam-Webster, The Origin of 'Refugee, available at https://www.merriam-webster.com/words-at-play/origin-and-meaning-of-refugee#:~:text=%27Refugee%27 %20came%20directly%20from%20the%20French%20word%20%27r%C3%A9fugi%C3%A9%27, revocation%20in%201685%20of%20the%20Edict%20of%20Nantes, (last visited on November 16, 2020).

Satuan Tugas Penanganan COVID-19, Covid-19 in Indonesia, available at https://covid19.go.id/peta-sebaran, (last visited on October 1, 2021).

Tobing, Indonesia should partner with N.G.O.s to protect unaccompanied child refugees (2018), available at https://theconversation.com/indonesia-should-partner-with-ngos-to-protect-unaccompanied-child-refugees-95753, (last visited on April 21, 2021).

UNHCR, A guide to International Refugee Protection and Building State Asylum Systems (2017), available at https://www.unhcr.org/3d4aba564.pdf, (last visited on May 10, 2021).

UNHCR, Figures at a Glance (2020), available at https://www.unhcr.org/asia/figures-at-a-glance.html, (last visited on August 10, 2021).

Diterbitkan

2023-06-14

Cara Mengutip

Puspita, N. Y. (2023). The Covid-19 Pandemic in Indonesia: Children as Children First, Child Refugees Second?. JUSTITIA JURNAL HUKUM, 7(1). https://doi.org/10.30651/justitia.v7i1.17839