APPLICATION OF THE RIGHT TO EDUCATION FOR REFUGEE CHILDREN IN INDONESIA SEEN FROM THE NON-REFOULEMENT PRINCIPLE

Abstract

This research is motivated by humanitarian problems that often occur in various countries, giving rise to the phenomenon of cross-border human migration which results in many human rights being threatened. One of the fundamental rights is the right to receive education for children who are at school age. As a refugee transit country, the role of the principle of non-refoulement is very important in fulfilling the right to education. This thesis explores the relationship between the principle of non- refoulement and the right to education for child refugees in Indonesia. This study uses a normative juridical approach based on existing laws and conventions. This study concludes that by guaranteeing that there will be no return for refugees to a place where they feel their life is threatened because they have a substantiated fear, there is a high possibility for refugee children to have the right to receive their education while in a transit country. Especially in Indonesia, which is in a position to have signed The Convention on the Rights of the Child 1989 which makes the responsibility for the education of refugee children to be carried out. The ratification of the convention is stated by Presidential Decree no. 36 Year 1990.