ABSTRACT The aim of this research is to know the comparative between the act of Indonesia and Thailand in responding the coming of Rohingya refugee caused by the violence and discrimination by government and the majority of Buddha in Myanmar. The government did not recognize their nationality because the government had considered that they had different character from the most ethnics existing in Myanmar. Rohingya seek asylum to neighbor country. Arakhan seashores position leaded the majority of Rohingya to take this way to leave Myanmar. That brought the Rohingya refugee to Indonesia and Thailand that was geographically close to Myanmar that also located in seashores. The status of Rohingya refugee became a problem to those refugees and to the most countries that did not ratified refugee convention 1951 and the protocol 1967. The status of Rohingya became the first requirement to get protection and the right as refugee from the ratified country. Without this thing, refugee would only get the status of illegal immigration and it would be judged and treated based on the role of law in every country. If the country wished some help, the United Nation through United Nation High Commissioner for Refugee (UNHCR) could legalize their refugee status. The writer will emphasize the distinct of the act of both countries. The country would decide whether to treat them as refugees (the victims of violence and discrimination) or illegal immigration without document. The concern toward human security would be the debate about the priority of the policy that influenced the act of both countries toward Rohingya refugee. National security concerned to protect the territory of the country and prevent the possible threat. While the human security concerned to protect whole human by providing their basic need including refugees. Key words: refuge, illegal immigration, human security.