ANALYSIS OF THE LEGAL STATUS OF ROHINGYA AT MINA RAYA CAMP UNDER PRESIDENTIAL REGULATION NO. 125 OF 2016 IN THE CONTEXT OF HUMAN TRAFFICKING RISKS

This study is grounded in the ongoing humanitarian crisis affecting the Rohingya ethnic group residing at the Mina Raya Camp, Pidie Regency, Aceh. As a stateless population fleeing systemic persecution in Myanmar, their arrival in Indonesia poses complex legal, humanitarian, and ethical challenges—particularly concerning their recognition as refugees and their heightened vulnerability to trafficking in persons.

The objective of this thesis is to determine whether the Rohingya individuals meet the criteria of “refugee” as stipulated under Article 1(1) of Presidential Regulation No. 125 of 2016 on the Handling of Refugees from Abroad, and to assess how their ambiguous legal status contributes to increased risk of exploitation and human trafficking.

This research employs a normative legal method, incorporating statutory, conceptual, and case approaches. The data is collected through library research and reinforced by field interviews with relevant legal practitioners and humanitarian actors. The legal analysis is supported by both international instruments including the 1951 Refugee Convention and its 1967 Protocol and national legal provisions governing foreign refugees in Indonesia.

The findings of this study reveal that the Rohingya in Mina Raya Camp, in principle, fulfill the legal definition of “refugee” as outlined in Presidential Regulation No. 125 of 2016. Nevertheless, due to the absence of a formal refugee status determination mechanism within Indonesia’s domestic legal framework, their legal status remains uncertain. This legal vacuum significantly contributes to their exposure to human trafficking networks and related transnational crimes.

The thesis concludes with the recommendation that Indonesia should establish comprehensive refugee legislation, strengthen coordination between national authorities and international organizations, and ensure targeted protection for vulnerable groups, particularly women and children, within the refugee population. Legal reform is deemed essential to address the current gaps and to align Indonesia’s refugee policy with international human rights obligations.