PROSES RATIFIKASI PERJANJIAN INTERNASIONAL DAN PROSPEK DILAKUKAN PENGUJIAN DI PERADILAN (JUDICIAL REVIEW) (original) (raw)

International Law has set the ratification procedure in a conference which was held at the City of Wina in 1969. The conference produce a convention named Vienna Convention on the Law of Treatie, which still becomes the guideline for International Treaty Law in various countries. Given the importance of the ratification of the international treaty, Indonesia has issues stipulation about international agreement which comprises the legalization of international treaties, including the usage of ratification as a juridical basis. The recognition of an international treaty in the national legal system shows that Article 11 of 1945 Constitution-a legal basis for the creation of an international treaty-is being held. The purpose of the study is to examine the development of National Law on international treaties since Indonesian Independence Day until today, the process of international treaty ratification according Law No. 24 of 2000, and the prospect of judicial review to the Law or Presidential Regulation that are products of international treaties ratifications. Research method being used is normative juridical approach by means of literature study. From some of the constitutions that were implemented in Indonesia, started from 1945 Constitution, RIS, 1950 Temporary Constitution, until Amended 1945 Constitution, all of them comprise an article on international treaty, while the implementation guidelines are stipulated in the Presidential Letter No. 2826/HK/1960 and Law No. 24 of 2000 on international treaty. In practice, international treaty is considered as having legal effect only after an exchange of ratification document/charter by the related parties, then the parties submit it to the depository. So it is not after the Presidential Regulation or the Law-products of international treaties ratifications – are being stipulated.Because of the chances of judicial review on Presidential Regulation or Law that are products of the ratifications is open, to prevent problems in the future, for example the cancelation of those regulations, a judicial review is needed to be conducted to those two kind of legal products before they are being ratified. PROSES RATIFIKASI PERJANJIAN INTERNASIONAL DAN PROSPEK DILAKUKAN PENGUJIAN DI PERADILAN (JUDICIAL REVIEW)