Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Legal Status of Treaty/international Agreement and Ratification in the Indonesian Practice Within the Framework of the Development of the National Legal System

Author(s): Eddy Pratomo, R Benny Riyanto

The article’s objective is to explore and analyse the definition of treaty or international agreement in the perspective of Indonesian Law, the concept of ratification under Indonesian Law and the legal status of treaty or international agreement in the Indonesian Legal System. This is driven by the assumption that the current Indonesian legal system does not provide certainty to all of the three questions. This article henceforth will further recommend amendments in the Indonesian legal system in order to answer the three presented questions. By using descriptive qualitative analysis, the results show that the entire executive, legislative, as well as judicative branches of Indonesia are required to reform the current system in order to solve the three core issues. Some recommendation that can be take into considerations, such as to revise the definition of treaty/international agreement under Articles 1(1) of the Law No. 24 of 2000 and Article 8(d) of the Law No. 17 of 2003 to align with the provisions of Articles 2(1)(a) of the Vienna Convention 1969 and 2(1)(a) of the Vienna Convention 1986, in order to include elements of an international agreement.