Tirzha Carolaine Priska Suoth, S.H. (2022) Kewenangan Notaris dalam Pembuatan Akta Wasiat tentang Perwalian Anak Pengungsi Rohingya. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Indonesia as a state party of United Nations Convention on The Rights of the Child (UNCRC) is bound to ensure the fullfillment of children’s fundamental rights for the best interest of the child without any discrimination, mainly discrimination based on citizenship. Additionally, Indonesia as transit destination for refugees is actively accepting refugees from various countries every year, one of its which is Rohingya refugees who were persecuted by military regime of the Republic of Myanmar. Unfortunately, Indonesia did not ratify the United Nations Convention Relating to The Status of Refugees 1951 and the United Nations Convention Relating to The Status of Stateless Person 1954 which resulting in refugees and their child not being able to access decent livelihoods and acess to primary education like Indonesian citizens. The situation is exacerbated when refugees are trapped in Indonesia due to their asylum request which is not granted by asylum country. This research discusesses the legal position of Rohingya refugee children as legal subjects in the Indonesia legal system as well as the legitimacy and authority of a notary in making guardianship wills for Rohingyan child refugee. The type of this research is legal research with a statutory approach, conceptual approach, and statutory approach. This study uses primary legal material and secondary legal materials with a literature research method by interpreting and constructing rearch material using deductive method. The conclusion of this research, first, Indonesia did not implement the protection invoked by the Article 2 of the UNCRC which by law applies to Rohingyan child refugees; second, Indonesia’s International Civil Law is oudated and unable to accomadate growing needs of stateless refugees. Article 18 of Algemene Bepalingen voor Wetgeven (AB) may be used as the basis for notary to make a guardianship deed for Rohingyan child refugees if its choice of law is certain and must be made in the form of open will (openbaar testament). Republic of Indonesia should fullfill the child refugees’ access to educatioin and other children fundamental rights as the form of its compliance to UNCRC. Indonesia should immediately update its International Civil Law Instrument to accommodate shifting global paradigm.

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