What about the legislative process and discretion at the implementation level of the national legal arrangement of refugee treatment in Indonesia?My PhD research deals with the national legal... Show moreWhat about the legislative process and discretion at the implementation level of the national legal arrangement of refugee treatment in Indonesia?My PhD research deals with the national legal arrangement of refugee treatment in Indonesia. It focuses on two aspects: the lawmaking process and discretion at the implementation level, which it perceives as dialectical or cyclical, rather than separate processes. I look at three national legal instruments in particular:the right to asylum provision in the Constitution, the 2011 Immigration Law, and Presidential Regulation (PR) 125/2016 on the Treatment of Foreign Refugees. These legal instruments are important, but as I will show later, they are also problematic to deal with refugees in the context of Indonesia as a non-signatory state to the 1951 UN Refugee Convention or the 1967 Refuge Protocol. Show less
The criminalisation of people smuggling is the first comprehensive analysis of the smuggling of transit migrants from Indonesia to Australia and shows how this activity influences the relationship... Show moreThe criminalisation of people smuggling is the first comprehensive analysis of the smuggling of transit migrants from Indonesia to Australia and shows how this activity influences the relationship of the two countries. Those who follow Antje Missbach's works will be familiar with her previous book Troubled Transit (2015), which analysed the conditions of asylum seekers and refugees “stuck” in transit in Indonesia. The reviewed book shifts the focus from “recipients” of smuggling services to the “facilitators” of such services. The main question is the following: “Who are the people who organise and facilitate unsanctioned maritime passages from Indonesia?” (p. 22). In answering that question, Missbach details the roles of multiple actors who facilitate the “unsanctioned journey” across the sea of asylum seekers and refugees from Indonesia to Australia; she also discusses the development of anti-smuggling strategies in the two countries as well as the enforcement and consequences for facilitators and migrants, who are seeking asylum. Written in a readable narrative style supported by rich empirical data, this book is essential reading for all those who want to understand the complex nature of refugee issues in both countries. Show less
