PENERAPAN PRINSIP NON-REFOULEMENT TERHADAP PEMULANGAN PENGUNGSI MYANMAR DI MALAYSIA
| Main Author: | Mau, Maria Veronica Giuseppina Bakhita |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | ind |
| Terbitan: |
, 2021
|
| Subjects: | |
| Online Access: |
http://e-journal.uajy.ac.id/27137/1/180513256_Bab%200.pdf http://e-journal.uajy.ac.id/27137/2/180513256_Bab%201.pdf http://e-journal.uajy.ac.id/27137/3/180513256_Bab%202.pdf http://e-journal.uajy.ac.id/27137/4/180513256_Bab%203.pdf http://e-journal.uajy.ac.id/27137/ |
Daftar Isi:
- Malaysia became the biggest host for the refugees from Myanmar’s ethnic minority in Asia and fourth in the world to flee persecution by Myanmar’s Junta Military. Malaysia does not have a national administrative or statutory framework governing refugee and does not distinguish refugees from undocumented illegal migrants. On 23 February 2021, for no particular reason the Department Immigration of Malaysia repatriated illegal Myanmar migrants which included Myanmar ethnic minority refugees back to Myanmar where at the same time a military coup reoccurred in Myanmar by Junta Military which resulted in major human rights violation and many lives were lost. The purpose of this legal research is to analyze and to find out whether Malaysia's policy towards the repatriation of Myanmar refugees back to their home country (Myanmar) has violated the application of the principle of non-refoulement as the key principle in international refugee law. The method used by this legal research is judicial normative where data is obtained from statutory regulations, United Nations documents, books, journals, and the internet. The conclusion that can be drawn from this legal research is that Malaysia's policy towards the repatriation of Myanmar refugees to return to their home countries where they have wellfounded fear of persecution is the violation of the principle of non-refoulement which has become customary international law and jus cogens. By repatriating refugees back to places where they have a well-founded fear of persecution by Myanmar's Junta Military endangers the lives of those refugees.