Indonesia: Circular Letter of the Prime Minister No. 11/R.I./1956 of 1956 on Political Refugees

Indonesia: Circular Letter of the Prime Minister No. 11/R.I./1956 of 1956 on Political Refugees, -, 7 September 1956, https://www.refworld.org/legal/decreees/natlegbod/1956/en/18879 [accessed 19 April 2024]
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Date of entry into force: 7 September 1956

In view of the entry of persons of non-Indonesian nationality into the territory of the Republic of Indonesia who, after provisional investigation, could be considered as political refugees, it is deemed necessary to set the following guidelines:

Article 1

Political refugees who entered into or are in the Indonesian territory will be granted protection on the basis of human rights and fundamental freedom in accordance with international customary law.

Article 2

A political refugee is defined as a foreigner who entered into or is in the Indonesian territory for having committed a political crime.

Article 3

To be considered as a political crime is a crime committed for political reasons or purposes. An attempt to commit and an act to assist in the committing of a political crime are also considered as a political crime.

Article 4

A political refugee who entered into and is in the Indonesian territory will only be protected if the act committed is not contrary to the basis and/or interests of the Republic of Indonesia.

Article 5

The Minister of Justice, the Minister for Foreign Affairs and the Minister of Home Affairs will jointly take a decision on whether or not a person would be protected as a political refugee.

Article 6

Pending the decision of the three Ministers referred to in Article 5, the person concerned may be put in a custody on the basis of the immigration regulations to be allowed to move about in accordance with the conditions stipulated in the existing rules or the rules which may be issued.

Article 7

The living of at political refugee shall be ensured by the Ministers referred to in Article 5.

Comments:
This is an unofficial translation. The original Circular Letter is dated 7 September 1956. Although the guidelines were issued by the Government which existed at that time under another Constitution (Provisional Constitution of the Republic of Indonesia of 15 August 1950) which has ceased to be in force since July 1959 with the return of the Republic to the 1945 Constitution, the provisions could be considered as still being in effect on the basis of Clause II of the Transitional Provisions of the 1945 Constitution.
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