Social and Legal Challenges in Refugees and Asylum Seekers Handling (Comparison between Hungary and Indonesia)
Year: 2025
Type: dissertation
Abstract: This dissertation offers a comparative analysis of the social and legal challenges faced by Hungary and Indonesia in managing asylum seekers and refugees.It highlights a critical legal vacuum in Indonesia's policy framework, underscoring the country's status as a nonsignatory to the 1951 Refugee Convention and its 1967 Protocol.This absence of ratification has left Indonesia without a comprehensive domestic legal structure to process, protect, or integrate asylum seekers, who are often treated as undocumented migrants subject to detention and deportation.Presidential Regulation No. 125/2016 provides only limited administrative guidance and fails to guarantee basic rights such as education, employment, or legal status, resulting in systemic human rights vulnerabilities.In stark contrast, Hungary-despite its controversial political stance-operates under a robust legal framework harmonized with EU standards.The Asylum Act of 2007, constitutional amendments, and policies such as the "Stop Soros" law equip Hungarian authorities with significant legal tools to control migration while remaining technically compliant with EU obligations under the Common European Asylum System (CEAS).Hungary's legal coherence has enabled swift Refugee Status Determination (RSD) procedures and effective territorial control, exemplifying how legal rigor can translate into operational efficiency.This study concludes that Indonesia must urgently reform its legal system to create a humane and rights-based asylum policy, drawing key lessons from Hungary's structured but restrictive legal approach.By aligning national policies with international legal standards, Indonesia can better manage its growing asylum population and prevent future humanitarian and administrative crises.
Author: Bahri Mohammad Thoriq
Language: English
Subfield: Health
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7113700513
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