Sunday, January 3, 2010

Achmad Romsan classified asylum in :

Achmad Romsan classified asylum in :
  1. Temporaly asylum, Asylum that given in temporaly until the authority in country of origin ask asylum donor country to submit asylum applicant. Delivering from protecting state to their country of origin usually must have requirements, as example the country of origin will treat the people according to state legal norm that in force. The conclusion, in temporaly asylum asylee (person who got asylum) could be submitted to their country of origin.
  2. Definitive asylum, Asylum given to applicants in out of their country jurisdiction by other state. Asylum could be given in embassy of asylum donor state, because the embassy office has immunity from jurisdiction of the country where embassy office in.

Asylum principle
In international practices dealing with appliying and giving asylum, there are general principles, such as :
  1. asylum could not be claimed as a person right
  2. someone right is only restricted in asylum applicant, if getting asylum people can enjoy it.
  3. giving or rejecting asylum applicant is state right based on its soverignty
  4. giving asylum as a peace and humanitarian action. Dealing with giving asylum is not kind of unfrienship policy toward the country of origin of asylee.
  5. as a humanitarian institution, reciprocity principle could not be forced
  6. asylum contains :a. non expolsion;b. non refoulement, rejection at the frontiers;c. non extraditionif state got difficulty in giving permanent asylum or long time period, at least t
  7. the state has to give protection to people until they get asylum in other countryasylum could not be given to unpolitical crime and other crime that contrary United Nation principles :a. ordinary crimes; b. crime against peace, war crimes, crime humanity, that instructed in international law instruments
  8. asylee must be obbeyed to national law instrument of asylum donor state
  9. asylee could not have activity that contrary their national interest, it can came up tension between their country of origin and asylum donor state.