Saturday, January 2, 2010


The meanings of asylum based on black law dictioinary is protection of usually political refugee from arrest by a foreign jurisdiction; A nation or embassy that afford such protection. There are also several asylum meanings by experts :
a. Kwan sik explained asylum as protection given to person by another foreign jurisdiction.
b. Oppenheim lauterpact that quoted by Soeryono Soekanto stated that asylum dealing with a country’s authority has soverignty in its territory for arrival entry the country, live in and get protection
c. Indonesian law expert (F Sugeng Istanto) gave meaning asylum as an individual protection by foreign country in country of origin of person, eg. In embassy office or in foreign ship, by this protection person can’t be punished.
Based on several meanings of asylum we can conclude that asylum is an protection given to asylum seeker by foreign country in out of country of origin (asylum seeker). This protection is usually given to political refugee or political crime.

The History of Asylum
In Islam
In Islam the right to asylum is explained in holy qur’an explicity on Ibrahim : 35, the prophet Ibrahim requested to the God (Allah) that the mosque which built by him and his son (Ismail) could be a safe place (asylum). The mosque that now known as Masjidil Haram (principal mosque in mecca) as safe place for people who needed protection. In Islam mosque is holy place and Baitullah (the house of Allah), so there are no violences there in.
Islam has learned moslems to get new-safe place or move to another country if they got persecution in their life (Holly qur’an an Nisa’ : 97). Islam learn moslems not to make friends toward people who fight against us because of religion, chase away and people who assist expulsion.
So in conclusion, Islam admit the right to asylum in another place, make us protec persons until they find safe place.

In christian
Human right appears at the same time of people, since people existed problem also existed. In old testament tells about firstly human right violation when Cain killed his brother (Abel) because of jealousy, then The God cursed Cain. In old testament era, there was a tradition toward the killer that called “eye for an eye” or “blood responded blood, but if the doer escaped to safe region and then local society gave protection to person so that person would be safe from killing accusation.
Then the practises of protection developed when church could give asylum toward people who needed. Then Principle of church giving asylum supported by council of sardis principle in 347, and supported again by Theodosius rule principle in the age 4, and justinian rule in age 6 until the code of canon law in 1983

Asylum in general
Asylum was from ancient international custom from america. The word “asylum” was a word derived from Greek “asylon” the meaning is an unviolated place and someone can be safe in that place. In ancient Greek society had known about institution called asylia. In this period, in trading practice, to get protection, the country of origin of trader had to make an agreement to visited country. The agreement goals was to give protection to trader each other. Then asylia had “asphalia” as a complementery asylia institution, it was found for protecting things belonged to someone.
At first, asylum was given to general esacpee dealing with their activity or crime. So the suspect of general crime could get asylum in out of their country, and couldn’t be extradited. In the age of 17, many law experts decided between political crime and general crime. They stated that asylum only given to people who suspect in political and religius crime in their country. Since the midle age of 19 most of extradition agreementws admitted non extradition principle toward peopole who act political crime, except by chief of state.
The last progress the right to asylum is ruled on United Nation Declaration of Human Right 1948, Vienna Convention 1961 dealing diplomatic relations and United Nations Charter dealing with territorial asylum and diplomatic asylum.