ROHINGYA REFUGEES IN ACEH-INDONESIA: REGULATORY DILEMMAS AND LEGAL IMPLICATIONS

Abstract

The arrival of Rohingya refugees, who are essentially foreign nationals, in Aceh has generated legal challenges from the perspective of Indonesian national law. On the one hand, the Immigration Law stipulates that every foreign national entering the territory of Indonesia must pass through an Immigration Checkpoint and possess complete travel documents. On the other hand, the presence of Rohingya refugees does not conform to the provisions stipulated in the Immigration Law. This study aims to analyse the supervision of Rohingya refugees in Aceh and the juridical implications arising from regulatory weaknesses in handling Rohingya refugees. This research employs both normative juridical and empirical juridical approaches. Data were obtained through literature review and direct interviews. The data were analysed using a prescriptive analytical method. The results indicate that the supervision and regulatory framework governing Rohingya refugees remains weak, particularly due to the absence of a clear time limitation regarding the presence of Rohingya refugees in Aceh. Furthermore, the entry routes used by these refugees do not comply with the provisions stipulated in the Indonesian Immigration Law. The limitations of existing regulations have consequently facilitated the entry of Rohingya refugees into Aceh without undergoing the proper immigration procedures. This situation has also created legal uncertainty, as the regulations do not clearly regulate foreign nationals entering Aceh without passing through designated Immigration Checkpoints. This study emphasises the importance of establishing firm and clear regulations to ensure legal certainty regarding the presence of Rohingya refugees in Aceh.