Justice for the Stateless and Almost-Stateless: Legal Protection of Refugee and Migrant Minorities in Indonesia

Abstract

Refugees, asylum seekers, and certain migrant communities occupy a precarious legal position in Indonesia because their protection is not fully secured through either citizenship or conventional minority-rights frameworks. This article examines the extent to which Indonesian law provides meaningful protection for individuals and communities living outside the full framework of national citizenship. The study focuses on access to employment, education, healthcare, legal assistance, protection from exploitation, and effective remedies. Employing a normative and socio-legal methodology, the research analyzes Indonesian regulations, international human rights principles, institutional policies, and selected cases involving refugees and migrant populations. The article argues that citizenship-centered approaches to minority justice leave significant protection gaps for populations whose vulnerability derives precisely from their limited legal status. Although certain forms of humanitarian protection exist, fragmented institutional authority and restrictive administrative frameworks may prevent refugees and migrants from exercising basic rights on equal terms. The study proposes a vulnerability-based approach that separates fundamental human rights from formal citizenship status. It further emphasizes the importance of minimum procedural guarantees, access to remedies, and institutional accountability. The article concludes that minority justice should not be limited to citizens or constitutionally recognized minority groups. A more inclusive framework must also address legally precarious populations whose exclusion results from the intersection of migration status, nationality, and limited access to state protection.