ISLAM DAN PERLINDUNGAN HAK-HAK PENGUNGSI ROHINGYA DI BANDA ACEH (IMPLEMENTASI PERATURAN PRESIDEN NOMOR 125 TAHUN 2016 TENTANG PENANGANAN PENGUNGSI LUAR NEGERI)

Rismayani, NIM.: 22203012116 (2024) ISLAM DAN PERLINDUNGAN HAK-HAK PENGUNGSI ROHINGYA DI BANDA ACEH (IMPLEMENTASI PERATURAN PRESIDEN NOMOR 125 TAHUN 2016 TENTANG PENANGANAN PENGUNGSI LUAR NEGERI). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Many Rohingya refugees are stranded on several beaches in Aceh. Based on data from UNHCR (United Nations High Commissioner for Refugees) in 2015 there are currently 1,543 refugees. In this case, Indonesia has no special obligation to accept foreign refugees including Rohingya refugees. This is because Indonesia has not ratified the Convention Relating to the Status of Refugees, the 1951 WINA Convention by the UN, and the amended protocol in New York in 1967 on the status of refugees. However, there are norms of Internasional Law that are imposed on Indonesia, namely non-refoulement(prohibition to forcibly expel refugees who are in stranded areas). Then Indonesia also has Presidential Regulation Number 125 of 2016 concerning Handling Refugees from Abroad. The Aceh government itself does not have specific rules related to handling foreign refugees. Meanwhile, the Presidential Regulation states that regions that become stopover places for foreign refugees are required to temporarily accommodate and make special rules related to it. Based on the existing background, the problem arises, namely how is the implementation of the Presidential Regulation on the handling of Rohingya refugees in Banda Aceh and how Islam views the protection of Rohingya refugees in Banda Aceh? This research uses a qualitative method with the type of field research. This research aims to analyze the implementation of the Presidential Regulation in Aceh in handling Rohingya refugees and provide a review of refugee protection from the perspective of Islamic law. With qualitative methods based on field research, this research is descriptive-analytical. Soerjono Soekanto's sociology of law theory is the main analytical framework to identify factors that influence the effectiveness of the regulation's implementation. In addition, Abu Wafa''s theory of refugee protection in Islam is used to examine Islamic views regarding the obligation to protect refugees as a form of respect for the right to life and protectionof humanity. The results of this study indicate that the implementation of the Presidential Regulation on the handling of Rohingya refugees in Aceh has not been fully realized. This is due to the government's unpreparedness in accommodating Rohingya refugees who continue to arrive. Then the lack of coordination between the government and NGOs (Non-Governmental Organizations) and institutions related to the handling of Rohingya refugees in Aceh. Protection of Rohingya refugees according to Islamic law, based on the requirements of Abu Wafa', the Aceh government has carried out handling but there are still refugee rights that have not been fulfilled due to the lack of government attention both in terms of funds and efforts in handling Rohingya refugees in Aceh.

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