Refugees and asylum seekers is a global problem that continues to receive attention. Especially with the success of the Taliban taking over the government in Afghanistan which encouraged its citizens to flee to other countries. The Geneva Conventions of 1951 and the 1967 New York Protocol on the Status of Refugees have become international legal instruments used in dealing with refugee problems. According to UNHCR, Indonesia ranked fourth as the country most visited by refugees and asylum seekers. Indonesia is one of the countries that has not ratified the 1951 Geneva Convention and the 1967 New York Protocol on refugee status so that Indonesia's position is as a transit country. Article 33 of the 1951 Geneva Convention contains the principle of non-refoulement which is establish as an international custom, which applies to both transit countries and parties. The 1951 Geneva Convention and the 1967 New York Protocol on the Status of Refugees do not set a time limit for how long the asylum-seeking and refugee application process will be answer. The results show that Indonesia as a country that has not ratified the 1951 Geneva Convention and the 1967 New York Protocol is not bound by the provisions contained in the convention and has no obligation to refugees and asylum seekers.