Optimalisasi Pelindungan Hukum atas Hak Kesehatan Seksual dan Reproduksi (HKSR) Perempuan Pengungsi di Indonesia
Arimbi Fajari Furqon, Prof. Dr. Sigit Riyanto, S.H., LL.M.
2024 | Tesis | S2 Ilmu Hukum
OPTIMALIZATION OF LEGAL PROTECTION ON THE RIGHTS TO SEXUAL AND REPRODUCTIVE HEALTH FOR REFUGEE WOMEN IN INDONESIA
ABSTRACT
Arimbi Fajari Furqon, Sigit Riyanto
As of June 2023, there are 12,199 refugees recorded by UNHCR, most of them are refugee women and refugee children. They face multiple vulnerabilities as a result of being refugees, children, and women. It makes difficult for them to access RSRH because of the grey area of legal umbrella that regulates respect, protection, and fulfillment, which is only limited to Presidential Regulation 125/2016 under Article 26 paragraph (5) regarding the fulfillment of basic needs; the existence of overlapping institutions that are not integrated regarding duties and functions in handling refugees; and the absence of budgeting by the government for refugees to access RSRH services. The main problems discussed in this study is regarding to: how are efforts to optimize gender-based legal protection of the rights to sexual and reproductive health of refugee women in Indonesia? This research is using socio-legal approach through descriptive-perscriptive analysis. Primary and secondary legal materials are analysed using feminist legal theory, especially critical feminist theory by Rhode and tripartite typology theory. The findings in this study show that 1) in the context of legal substantive, principles guaranteed by international law needed to being adopted in national level in the form of services mechanism of family planning, gender-based violence, maternal and neonatal services, STIs including HIV/AIDS, and adolescent reproductive health are needed comprehensively mentioned in the regulations, 2) Perpres 125/2016 regulates the coordination of international organisations to local governments, but in implementation it is found that there is often no coordination carried out, in other words IOM and UNHCR act independently without being known by the local government so that a clear line of coordination and the involvement of the Ministry of Health is needed, 3) social protection schemes through health insurance are a way of relieving financing and budgets charged by UNHCR, IOM, and refugees independently so that the government can act on the management of the health insurance.
Kata Kunci : Perempuan Pengungsi; Hak Kesehatan Seksual dan Reproduksi; Perlindungan Sosial