International Refugees in the Protection of Human Rights: A Discourse of International Humanitarian Law and Human Rights Law

: 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 non-discrimination, the right to live and to be secured, as well as the right to return home.


I. 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. 1 1 Asylum seekers are a critical issue in international relations, as a result of the factors that encourage a person to move to another country. This factor is an unsafe situation for him if he remains in his home country, so the citizens of that country move to a safer country for their safety. At the end of 2016, the President of the Republic of Indonesia signed a Presidential Regulation on Handling Refugees from Overseas. The Presidential Regulation contains the main definitions and regulates the detection, shelter, and protection of asylum seekers and refugees. Various provisions contained in the Presidential Regulation are expected to be implemented soon. This will allow the Government of Indonesia and UNHCR to work more closely, including in the area of joint registration of asylum seekers. Being among countries receiving large numbers of asylum seekers and refugees such as Malaysia, Thailand and Australia, Indonesia is continuously affected by mixed population 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 into 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 movements. After the decline in numbers in the late 1990s, the number of asylum seekers arrivals to Indonesia again increased in 2000, 2001 and 2002. Although the number of arrivals then declined again in 2003-2008, the trend of re-arrivals increased in 2009. In 2015 and and so on until 2020, annual arrivals have decreased again. Until the end of December 2020, the cumulative number of refugees in Indonesia was recorded at 13,745 people from 50 countries and more than half of the population came from Afghanistan. See 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. Therefore, talking about refugees can not be separated from the discussion of human rights. 2 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 neighboring 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.
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. 3 2 Vincent Chetail, "Are refugee rights human rights? An unorthodox questioning of the relations between refugee law and human rights law." Human Rights and Immigration 19 (2014) 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 fulfill 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.

II. METHODS
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 The paradigm of this study, in which 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. Lincoln, Lynham, and Guba 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. 4 F X. Adji Samekto mentioned that to determine the research is normative or empirical seen from the goal to be achieved. 5 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. 6 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 related with topics raised by the author. The data obtained were analyzed qualitatively, i.e., 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.

OVERVIEW
The 1951 Refugee Convention and the 1967 Protocol 7 are in principle almost identical. There are three main points which constitute the 7 The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the basis of our work. With 149 State parties to either or both, they define the term 'refugee' and outlines the rights of refugees, as well as the legal obligations of States to protect them. The core principle is nonrefoulement, which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom. This is now considered a rule of customary international law. See Jane The Cartagena Declaration on Refugees is a non-binding agreement which was adopted by the Colloquium on the International Protection of Refugees in Latin America, Mexico and Panama, held at Cartagena, Colombia from 19-22 November 1984. The Cartagena Declaration on Refugees bases its principles on the "commitments with regards to refugees" defined in the Contadora Act on Peace and Cooperation (which are based on the 1951 UN Refugee Convention and the 1967 Protocol). It was formulated in September 1984 and includes a range of detailed commitments to peace, democratization, regional security and economic co-operation. It also provided for regional committees to evaluate and verify compliance with these commitments. See José H. The protection afforded by UNHCR begins by ensuring that refugees and asylum seekers are fulfilled their basic rights of life and are protected from refoulement (i.e., protection from forced repatriation to their place of origin where their lives or freedoms are in danger or maltreatment). In addition to protecting the basic rights of refugees, UNHCR also has the primary goal of seeking long-term solutions for refugees that will give them the opportunity to rebuild their lives in peace. Existing long-term solutions consist of local integration, voluntary repatriation, or placement in a third country.
In the furether context, Indonesia is also 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. Indonesia is also one of the countries that accept and ratify the Universal Declaration of Human Rights (UDHR), 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 Indonesia 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 as shown on Table 1. Although not part of the 1951 Convention and 1967 Protocol on refugees, Indonesia must still comply with the refugee protection standards set forth in the convention, but refugees have become part of general international law, as the convention has become jus cogens.
In the 1951 Convention and 1967 Protocol on Refugees, a nonrefoulement principle was adopted. "Non-refoulement is a principle in which a country should not return or expel refugees arriving in their country. Indonesia abides by the principle and accommodates the refugees and asylum seekers, although Indonesia is not the destination of the refugees.

RIGHTS VIOLATIONS
The facts show that millions of children, men, and women have Eritrea (362,000), Angola (324,000), and Sierra Leone (320,000).
Discussion of refugees will not be separated from human rights. This is reasonable because refugees are people who are very vulnerable to inhumane treatment both in the country of origin and in the recipient country. The departure of refugees to other countries due to the circumstances is very forced and possible do not have documents.
The most common treatment is torture, rape, discrimination, forced repatriation (refoulement). This explains that threats to human rights force people to cross to other countries to seek refuge. Therefore, the protection of human rights in the country of origin is very important to prevent the wave of refugees. "If the conditions of the country of origin have changed then the refugees may return to their home country or build their own community to enjoy their human rights".
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

V. SOME HUMAN RIGHTS ASPECTS IN REFUGEE ISSUE
There are several important aspects regarding refugees in the context of human rights, as follows.

Refoulement)
When a person or persons flee from a country of origin, a country must provide protection for its return to its home country, this is necessary to avoid further human rights abuses. For fear of persecution that could endanger his life, security, and integrity.
The second is to refuse the expulsion and ban of entry into a country by refugees this has been in accordance with the twin concepts in guaranteeing the right to freedom, justice, and world peace under the umbrella of human rights.
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 (UDHR) 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 (UDHR) 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".

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. 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.

Right to Life and Security
Refugees are the most threatened group of people in the world.

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. And the recipient country can return refugees if it is known in their home country that the situation is conducive, and the refugees are returned voluntarily. UNHCR and a number of other organizations responsible for the implementation of the 1951 refugee convention consistently accepted and denied the human right to return to their home country by voluntary repatriation.

VI. CONCLUSION
Although Indonesia has not ratified the formal requirements of international refugees, Indonesia remains obliged to protect international refugees, based on the Internastional Customary Law that on the basis of the fulfillment of Human Rights, all countries are legally binding. A comprehensive understanding of the definition and qualifications of international refugees and refugees is urgently needed, as it differs in the enforcement of human rights in terms of determining refugee status, clarity of rights and duties of internally displaced persons and asylum seekers.