The Role of International Law in Indonesia : Case Study on BPUPK/PPKI Session 1945 (original) (raw)

The Dynamic Development on Indonesia's Attitude Toward International Law

2015

The paper discusses the relation between international law and domestic law in the context of Indonesia. The paper examines Indonesia’s viewpoints on international law by analysing the various stages in Indonesia’s history from its independence through the present times. The attitude of Indonesia toward international law since its independence as a sovereign state has been changing progressively, from hostility to friendly. berita terupdate saat ini in Indonesia, therefore, should shape its domestic legal system in such manner where international law acquires a proper legal status under it. It appears that the Indonesian legal system is not yet being developed into such direction.

Dynamic Development on Indonesia's Attitude Toward International Law

The attitude of Indonesia toward international law since its independence as a sovereign state has been changing progressively, from hostility to friendly. It went through various political regimes that governed Indonesia. How Indonesia treated international law from different regime is thoroughly analysed. Indonesia is now in democratic transition and has make a strong call for a further change of Indonesia’s attitude. As required by a democratic legal system, Indonesia should go more than just friendly to international law. It should shape its domestic legal system in such manner where international law acquires a proper legal status under it. It means, international law is not merely binding Indonesia at international law but it should also have legal effects under domestic law.

INDONESIAN PRIVATE INTERNATIONAL LAW: THE DEVELOPMENT AFTER MORE THAN A CENTURY

Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. Keywords: Indonesian Private International Law, Academic Bill of Indonesian PIL.

Law Making Treaties: The Implication of International Law towards Indonesia’s Legislations

Jambe Law Journal

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Gove...

REVISITING SELF-DETERMINATION CONFLICTS IN INDONESIA: AN INTERNATIONAL LAW PERSPECTIVE

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called 'Indonesia' at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, the relationship between the central government in Java and some regional communities has been fluctuating for decades after the independence. This paper examines three conflicts over the rights of self-determination in in three areas in Indonesia by reflecting on the historical background of Indonesia's struggle for self-determination. Besides that, it also seeks to demonstrate the way Indonesia's integrity has been negotiated to accommodate internal and external forces to achieve self-determination from international law perspective. Furthermore, this paper also contributes to the scholarly discussion on the concept of self-determination and the conflicts that it caused in Indonesian context, while also proposing some insights into the efforts to preserve Indonesia's unity and integrity for years to come.

Internasional Law As A Political Instrument (A Case Study Of Indonesia)

Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan, 2018

Hukum internasional dapat dilihat sebagai alat politik dalam arti Mengubah Konsep dan Norma, untuk intervensi dalam Negeri dan Justify dan Mengerahkan Tekanan. Dalam konteks ini, negara-negara maju dapat menggunakan UU ini untuk campur tangan di negara-negara berkembang untuk mengubah konsep atau norma-norma yang demikian sejalan dengan keinginan negara maju. Penggunaan konsep hak asasi manusia, misalnya memiliki arti yang luas. Dengan kata-kata ini, negara-negara besar dan maju dapat digunakan untuk ikut campur dalam urusan dalam negeri di negara tersebut. Dalam kasus Indonesia, negaranegara seperti Amerika, Eropa dan mendesak Indonesia untuk berpartisipasi dalam kontrak internasional akan membuka akses ke pasar Indonesia dan perlindungan Hak Kekayaan Intelektual (HKI). Penggunaan kata misalnya Hak Asasi Manusia telah memaksa Indonesia untuk meratifikasi perjanjian tentang Organisasi Buruh Internasional (ILO) dan Konvensi tentang Penghapusan Segala Bentuk Diskriminasi Rasial. Oleh ...

Indonesia and International Law: An Interview

The interview with Dr. iur. Damos Dumoli Agusman, Secretary to the Legal and Treaties Affairs, Ministry of Foreign Affairs, Indonesia. It mainly discusses about the role of MFA Indonesia in the national law building compatible to international law.

Indonesian State of Law is an Aspired Concept

Nurani Hukum, 2021

The state of law is the concept of a state based on applicable law. In the development of the state, there are two concepts of state of law used by countries in the world, namely rechtstaat and rule of law. These two concepts also inspired the Indonesian state of law but were not followed absolutely. Indonesia is still building a legal system with a culture of society. Therefore, this study aims to describe the development of the state of law in Indonesia. This study uses a normative juridical method by using secondary data and is narrated with scientific logic. Conceptually, Indonesia does not follow the concept of rechtstaat or the rule of law because it is different from national identity. The social condition of the community consisting of various ethnic groups forced Indonesia to develop its own concept of a state of law. There is hope in the formation of laws carried out by the state, which is not only to realize the rule of law but must provide benefits to the community. Panc...

The Courts and Treaties: Indonesia’s Perspective

2017

This article discusses the enforceability of treaties under Indonesian legal system. The purpose of this article is to explore and provide answers to the following questions: (i) whether or not international law may be directly invoked and enforceable under domestic legal system (ii) how and to what extent Indonesian courts are using international law especially the treaties. In providing analysis to the above questions, this article discusses the notion of courts and judicial competence and judicial attitude towards treaties. This article suggests that there is no doubt that the courts may apply treaty provisions to the case at hand without and by virtue of national legislations. However, the attitude of the courts towards treaties as demonstrated in a number of cases above does not reveal any clear indication on the question of the status of treaties under domestic law especially with regard to the method on how the legal system incorporates treaties under domestic law. The Court ...

Indonesia’s Approach to International Treaties

Padjadjaran Journal of International Law

The relation and interaction between international and domestic law is one of the classic issues in international and it controversy remains in the realm of theory and practice. This is an issue of which many generations of both international and constitutional lawyers have wrestled, are wrestling and will continue to wrestle. For the Indonesian context, this issue is also still far from clear. The Indonesian Constitution of 1945 stipulates that the President of the Republic of Indonesia has the authority to conclude treaties with other countries. However, it does not clearly and specifically govern the status and position of international treaties under the Constitution. As a result, the Indonesian approach to international treaty is rather pragmatic, which is susceptible to some inconsistencies. It can be seen for instance in several decisions of the Indonesian Constitutional Court that clearly demonstrates the ambiguity towards international treaty. The Indonesian Parliament (DPR...