Advocating the Temporary Rights to Work for Refugees and Asylum Seekers in Transit in Indonesia

MH Sianturi, N Viartasiwi - Indon. L. Rev., 2021 - HeinOnline
MH Sianturi, N Viartasiwi
Indon. L. Rev., 2021HeinOnline
Refugees and asylum seekers stuck in protracted transit in Indonesia are prohibited from
working and are denied the right to work. This paper investigates the legal foundation for
Indonesia's policy of depriving refugees and asylum seekers of their right to work, the
coherence of the stated rule with higher regulations, and possible regulations allowing
refugees to work. The finding indicates that deprivation of the right to work is a human rights
violation, and the legal basis of the policy is inconsistence with laws and regulations on the …
Abstract
Refugees and asylum seekers stuck in protracted transit in Indonesia are prohibited from working and are denied the right to work. This paper investigates the legal foundation for Indonesia's policy of depriving refugees and asylum seekers of their right to work, the coherence of the stated rule with higher regulations, and possible regulations allowing refugees to work. The finding indicates that deprivation of the right to work is a human rights violation, and the legal basis of the policy is inconsistence with laws and regulations on the higher hierarchy, as well as inconsistence with international norms ratified by Indonesia. This study acknowledges the state's commitment to safeguarding citizens' economic well-being against perceived risks, notably refugees taking over local jobs. To balance the state's interest and refugee human rights, this study examines the feasibility of temporary work provisions for refugees and asylum seekers in Indonesia.
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