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A review on treaty incorporation policy in Indonesia

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The Treaty Law has been prevailing for more than twenty years and it is appropriate to question its relevancy and implementation. Moreover, there are three judicial cases on international agreements and the Treaty Law that reflect the emerge of issues concerning treaty incorporation in Indonesia. Hence, using qualitative method, this review analysed the concept of treaty incorporation and its implementation internationally, the issues on treaty incorporation in Indonesia, and the recommendations to overcome those issues.

By examining the Constitution and judicial cases, as well as related laws, there are three main issues and two additional issues in the treaty incorporation in Indonesia. The major problems are treaty has not been fully acknowledged in the Indonesian law hierarchy, the vague on the House of Representatives’ approval provision, and the term of ‘pengesahan’ confusion, while the additional issues are incomplete wording on the House of Representatives’ approval and the significance of the House of Representatives’ approval.

The recommendations for the main issues are to amend the Regulation Establishment Law by fully recognising treaty as part of the Indonesian law hierarchy and to amend the Treaty Law to make it consistent with the Constitution and clearer. As for the additional suggestions, the Indonesian policymakers could consider the revision of Article 11 of the Constitution by elucidating the House of Representatives’ approval or omitting the approval of the House of Representatives if it is regarded hindering the expeditiousness and simplicity of treaty incorporation.

The Indonesian Ministry for Foreign Affairs as the coordinator of foreign policies and international relations is suggested to take the lead in conducting those policy proposals because its authority is supported by the prevailing regulations, such as the Treaty Law and the International Relations Law. Moreover, by applying those policy options, Indonesia will strengthen and clarify its treaty incorporation policy which further enhance the confidence in foreign relations.

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Ketersediaan

2023-0019

Sesdilu 74-2023

Training Materials Repository

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

Sesdilu 74-2023

Penerbit

Jakarta : Kementerian Luar Negeri., 2023

Deskripsi Fisik

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Bahasa

English

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

text

Tipe Media

computer

Tipe Pembawa

online resource

Edisi

-

Subjek

-

Info Detail Spesifik

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Pernyataan Tanggungjawab

UPT Sekolah Staf Dinas Luar Negeri

Versi lain/terkait

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