KONFLIK YURISDIKSI INDONESIA DAN AUSTRALIA BERKAITAN DENGAN PEMBERIAN SUAKA TERITORIAL OLEH PEMERINTAH AUSTRALIA KEPADA HERMAN WANGGAI DKK PADA TAHUN 2006

Abstract

Jurisdiction is reflection from sovereignty state based principle, state degree similarity and no intervene principle one nation to another nation domestic affair. Jurisdiction state problem because of in an international society each nation is a sovereign member. Each nation which is involved with jurisdiction conflict obliged by international government to consider and pay attention some factor which is relates to implement jurisdiction enforcement. One of the example is jurisdiction conflict which is involvement between Indonesia and Australia about asylum territorial given by Australia government to 42 Papuans in the beginning of 2006.Evacuation which is having impact of giving asylum territorial for 42 Indonesian from Papua is a form of 42 Indonesian frightened regarding to threat arrest from Indonesia military. It may cause problem, the problem is legal or illegal the asylum territorial given by Australian government and also competence or incompetence for Indonesia as home nation of 42 Papuans to sent their back to Indonesia. In the final paper is used normative juridical method and data analyze technique in the form of analyze description. Asylum territorial given by Australia government based on section 1 subsection 1 declaration of united nation in 1967 about asylum territorial. Besides that, Australia as a committee nation convention in 1951 concerning to refugee status, having the obligation for giving protection for everyone (include 42 Indonesian from Papua) which is fulfill the refugee criteria according to section 1 subsection 2 convention. Indonesia as home nation of that 42 Papuans, it doesn’t have authority to apply subjective territorial jurisdiction technical that is nation authority to carry out the demanding and to punished criminal act which is executed inside the self region, but those act will be finished and thorough in the region of another nation. This is caused by according to international law, these 42 Papuans include in a refugee category according to convention in 1951 and this convention occur the Non-Refoulement principle, this principle said that not to return the refugee to their home nation. Key word: Jurisdiction conflict, giving asylum territorial