HOMO SACER: ANAK-ANAK PENGUNGSI INTERNASIONAL YANG LAHIR DI INDONESIA AKIBAT TIDAK DIPENUHINYA HAK UNTUK MENDAPAT KEWARGANEGARAAN

Abstract

International refugees phenomena gives birth to new problems to solve for national and international law like Geneva Convention 1951 or New York Protocol 1967 about refugee status, the handling of of international refugees, and the fullfilment and violation of their basic human rights. Indonesia is one of many the countries that declined to sign the Jenewa Convension and lack the nececery law to deal with international refugees that decide to come to the country. This lack of laws open up a loop hole that may cause the basic human right of international refugees to be violated. One of that right that may be violated is the right for international refugee’s kids who’s born in Indonesia to get Indonesian citizenship. This research will mainly talk about the problems regarding the citizenship of international refugee’s kids who’s bron in Indonesia. In addition it will also talk about international and national law in the spirit of solving the citizenship problem. Last but not least, this paper will also explain the condition of the stateless person that does not have their basic right granted in political commuties or a country. The right to citizenship is very crucial to fulfill human’s basic right and other rights that comes with citizenship. This is what Hannah Arendt called as the right to have right.