LEGAL PROECTION OF THE INDONESIAN DIASPORA IN COUNTRIES OF ARMED CONFLICT

Abstract

Armed conflicts can occur due to political disputes within or between countries. The sustainability of the status and security guarantees of the Indonesian Diaspora, affected by armed conflicts, cannot be resolved entirely during and after the war has ended. The complexity of the unpredictable political situation presents an obstacle to its resolution. To address these issues, normative research uses qualitative legal material analysis techniques. The study aims to answer the following questions: (1) What is the legal status of the Indonesian Diaspora in countries where armed conflicts exist, based on International Law? and (2) How can legal protection efforts for the Indonesian Diaspora affected by armed conflict countries be enforced sustainably? The research conclusions are as follows: (1) The legal status of the Indonesian Diaspora in countries with armed conflicts, based on International Law, is the same as that of the civilian population, and therefore, all their rights must be protected as outlined in the Geneva Convention IV concerning the Protection of Civilians in Time of War and Additional Protocols. When the war has ended, the rights of the Diaspora must still be protected based on other related human rights protection regulations.; and (2) Legal efforts that can be made to protect the Indonesian Diaspora in countries with armed conflicts include: (1) the Indonesian government needs to collect accurate data; (2) evacuate quickly and precisely; (3) strengthen diplomatic relations with countries experiencing armed conflicts; and (4) provide guarantees for their well-being when the war is over or after successful evacuation to a safe country, even if the war is ongoing.

Keywords: Legal Protection, Indonesian Diaspora, Armed Conflict