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International Refugees Protection in the Context of Human Rights

Refugees are defined as people who are due to a reasonable fear of persecution, caused by reasons of race, religion, nationality, membership in certain social groups and political parties, are outside their nationality and do not want protection from the country. When refugees leave their home country or residence, they leave their lives, homes, possessions, and family. The refugees cannot be protected by their home country because they are forced to leave their country. Therefore, protection and assistance to them is the responsibility of the international community. In countries receiving refugees, they often experience inhumane treatment such as rape, assault, discrimination, repatriated by force, those lead to the violation of human rights. There has been regulation for human rights in refugee issues both internationally and regionally, for instance Convention related to Status of Refugee 1951 and The Protocol related to the Status of Refugee 1967. There are at least five basic rights of refugees, they are the right to be protected from returning to the country of origin forcibly (non-refoulement), the right to seek asylum, the right to obtain equality and nondiscrimination, the right to live and to be secured, as well as the right to return home.


INTRODUCTION
The problem of refugees and migration in the country is the most difficult problem faced by the world community today. Many discussions are being undertaken by the United Nations (UN) which continues to seek more effective ways to protect and help these highly vulnerable groups.
The problem of refugees is a classic problem that often arises in the history of civilization of mankind. There are various causes that make people evacuate. These things can be caused by fear that threatens their safety (Sujatmoko, 2011;Feller, 2001;Lawand, 1996).
At first the migration of the population was only a domestic problem of a country but along with the many countries that paid attention to this issue so that it became a common problem. Refugees crossing national borders and entering a sovereign territory deserve attention because it is a universal matter. Refugees who leave their place of origin are caused by a variety of factors that are usually due to things that could endanger the lives of refugees if they are still living in their original areas such as war or persecution.
They do not get protection from their own country, and often their own governments threaten to persecute them. It is equivalent to giving death decisions for them to live miserably in the shadow of life without the means of life and without any right to them, if other countries do not accept them, and not help them after entering their country.
The protection of refugees International departs from an understanding of human rights in general that every human being has the same rights and obligations. Similarly, the law regulating the treatment of refugees departs from international law on human rights. So, talking about refugees cannot be separated from the discussion of human rights (Suwardi, 2004;Wagiman, 2012;Badini, 2004).
Today the impact of the war on human rights also occurs in countries in the Middle East such as Syria, Afghanistan, Iraq, and Iran, where the residents of these countries fled to neighbouring countries and even seek asylum to other countries such as Australia. The example above illustrates how the impact of war in a country that neglects an important aspect of life is human rights.
Some previous studies highlighted and emphasized that the basic right is the right to security. The right is not available in their country therefore the victims want to seek refuge in another country that they consider safe and can accommodate them as refugees to continue their lives. The intended country of destination is generally a country that has ratified the refugee convention such as Australia. To reach the country they generally use sea lanes but with minimal security and knowledge of shipping and insufficient supplies (Taylor & Rafferty-Brown, 2011;Prabandari & Adiputera, 2019;Fiske, 2020).
Basically, each country has a responsibility to protect those in its territory, whether its citizens or foreigners who are in its sovereign territory, including those who seek refuge with refugee status or asylum seekers. The form of protection is one of them is the protection of the law in which the state is obliged to fulfil the legal rights attached to the individual law subject.
The obligation of the country of origin which is no longer able to protect the basic rights of its citizens or other countries that refuse the arrival of refugees will be taken over by the international community. The international community undertakes the necessary efforts to ensure and ensure that one's basic rights remain protected and respected. In such international protection status, a person who is in the capacity of a refugee or asylum seeker shall be protected by rights as a human being. The protection of human rights is a fundamental right in their handling. It becomes part of the obligations of the international community, on the other hand also a national obligation of a State (Sefriani, 2014;Romsan, et.al., 2003).

METHOD
Referring to the formulation of the problem, then this research is included in the type of normative legal research, the method of legal research conducted by discussing library materials or secondary data. This legal research discusses the norm (law in the book) and uses secondary data (legal material) as the main data. Through this research, it is expected to be used to know and consider Indonesian law on the unavailability of the 1951 Geneva Conventions and the 1967 New York Protocol can be explained accurately and in depth.
Paradigm: Etymologically, the word paradigm is actually derived from the mixed word, combination from the Greek paradeigma, the meanings is next to, on the side, side by side or on edge. While deiknunai or deigma means view or show. Guba and Lincoln, in the Handbook of Qualitative Research, Paradigm is a major philosophical system, parent or umbrella, which includes certain ontologies, epistemologies and methodologies that cannot be simply exchanged, represents a certain beliefs system, which provides the way in which the world is seen, understood, and learned, in other words associating its adherents with a particular worldview.
Research Strategy: is a normative legal research and empirical / sociological law research term, FX.Adji Samekto mentions: to determine the research is normative or empirical seen from the goal to be achieved. Soetandyo Wignyosoebroto is called the doctrinal method. is a method of legal research based on rules that require that its adherence can be enforced by the use of state power (normative), acting in the world of necessities (das sollen), and the product is also religious.
Data Collection and Analysis Methods: In this legal research, the method of collecting data is done with Library Studies, the authors collect all references, reading, studying, and understand the books, describe, systematize, analyze, interpret, and assess the legislation by using legal reasoning Law Research Review Quarterly, 7(4), 417-432 421 https://doi.org/10.15294/lrrq.v7i4.48185 related with topics raised by the author. The data obtained were analyzed qualitatively, such as the analysis performed by understanding and assembling the data collected systematically so that obtained a picture of the problem or circumstances studied. The method used to draw conclusions is the deductive method of thinking (Amiruddin, et.al., 2006).

RESULT AND DISCUSSION A. International Refugee Provisions
The 1951  2) The legal status of refugees, refugee rights and duties in the country of refuge (the rights and obligations prevailing in the refugee camp are located).
3) Implementation of the agreement, especially concerning administration and diplomatic relations. Here the emphasis is on administration and diplomatic relations.
Here the emphasis is on matters involving cooperation with UNHCR. Thus, UNHCR can perform its own duties and carry out supervisory duties, especially against the countries where the refugees are located. In . In addition to protecting the basic rights of refugees, UNHCR also has the primary goal of seeking longterm solutions for refugees that will give them the opportunity to rebuild their lives in peace. Existing longterm solutions consist of local integration, voluntary repatriation, or placement in a third country (Irsan, 2007;Hamid, 2002).
Indonesia is one of the countries affected by international refugee movements, their arrival is a consequence of Indonesia's geographical condition, Indonesia is the most potential country visited by refugees and asylum seekers going to Australia by sea route8, the existence of UNHCR office in Indonesia , also become an attraction or provide opportunities for those who have the status of refugees or want to be refugees to come, trying to make their problems processable in Indonesia.9 Indonesia is also one of the countries that accept and ratify the Universal Declaration of Human Rights, Indonesia acknowledges the right to seek asylum in other countries, by ratifying the Indonesian Constitution automatically Indonesia must provide protection to the refugees entering the territory of the NKRI sovereignty.
As of 30 June 2014, there were 10,116 refugees and asylum seekers registered by UNHCR in Indonesia, of which 6,286 were asylum seekers and 3,830 were refugees.
Of these, there are 7,910 men and 2,206 women. Among the refugees and registered asylum seekers, there were 2,507 children where 798 were unaccompanied children.
Afghanistan, Myanmar, Sri Lanka, Pakistan, Iran, and Iraq are the principal countries of origin of refugees and asylum seekers located in Indonesia.10 For more details see Table 1 Law Research Review Quarterly, 7 (4) The protection of human rights is essential in a country. The issue of human rights violations is almost always separated from the term refugees because it is assumed that the refugees are in a state of guilt that they evacuate themselves. The current trend is the integration of human rights, humanitarian law and refugee law, as the problem of refugees now grows very complex with regard to the number, size and complexity of refugee problems limited to the post World War II approach that addresses safety and welfare issues as the greatest consideration without consider the problem of the host country as to whether it has protected the refugees or not. The essence of international human rights law regulates universal humanity without being attached to certain time and space attributes (Wagiman, 2012: 28). Human rights in the context of refugee law relate to three things: the protection of civilians in armed conflict, the general protection afforded to civilians under normal circumstances, and the protection of refugees both Internal Displaced Persons (IDP's) and transboundary refugees (Wagiman, 2012: 28).
The current global problem of refugee issues is not only the individual problem but also the problem of international relations between the home country and the host country or the asylum, therefore a law that is required not only with the legal status and protection of the refugees but includes the whole law which includes the solution and collective responsibility of all countries. It is believed to protect refugees in relation to human rights and restructuring the draft Law on Refugees, but it can also provide awareness for poor countries in ensuring the human rights of refugee issues. There are three important points that a country should take in protecting international refugees (Jacobsen, 2002: 588). 2) The right to seek asylum After a person or group of people has been exposed to human rights violations in his country, the most he seeks is asylum. Asylum is a protection provided by the jurisdiction of a country in its territory for those who come to seek it.
Asylum is needed not only to guarantee the right to life but also to prevent the occurrence of human rights violations, therefore the granting of asylum to refugees' victims of human rights violations is an important aspect in the protection of human rights, hence the granting of asylum should be considered as a principle of international law in charter of the United Nations. Granting asylum to asylum seekers in accordance with article 14 cannot be regarded as an act of hostility by other countries, especially the country of origin of asylum seekers. Asylum has been regulated in Article 14 paragraph (1) of the Universal Declaration of Human Rights namely everyone has the right to seek and enjoy in other countries asylum from persecution. The underlying principle of UNHCR is "when a large asylum seeker comes in, the state will at least provide temporary protection".

3) Right to Equality and Non-discrimination
Refugees have the right to be treated humanely by the country of asylum. As a general rule, the rights and freedoms recognized by international human rights law are owned by all persons including refugees entitled to respect and basic human rights as citizens of asylum country (Chimni, 2003: 15). It is crucial that the protection of human rights and freedoms of refugees globally and regionally, as it is in the foreign countries of refugees most vulnerable to discrimination. It is undeniable that IDPs usually do not carry identities or documents which can be a problem with the authorities of the country of asylum. Not infrequently, refugees are accepted in recipient countries with suspicion and lack of legal certainty of their presence in the recipient country.

4) Right to Life and Security
Refugees are the most threatened group of people in the world. Some of their basic rights are threatened during the refugee process even in their home country. At first, they feel hopeless because of loss of property, security, family and even their own life. Gil Loescher explains the refugee situation is very bad even worse than when they were in their home country, because of the compulsion to evacuate.

5) Right Back to Country of Origin
Refugees need to be guaranteed if they want to return to their home country voluntarily. In addition, refugees also need protection from force back to their home countries.
Human rights regulate the right of individuals to return to their home countries The UN Security Council has confirmed "refugees and internally displaced persons are entitled to return to their home country". Refugees have the right to return to their home country and enjoy their lives.