Research Article
The Status of International Treaties in the Indonesian National Law
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289450, author={Elfia Farida and Adya Paramita Prabandari}, title={The Status of International Treaties in the Indonesian National Law}, proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICIDS}, year={2019}, month={11}, keywords={international treaties indonesian national law}, doi={10.4108/eai.10-9-2019.2289450} }- Elfia Farida
Adya Paramita Prabandari
Year: 2019
The Status of International Treaties in the Indonesian National Law
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289450
Abstract
The intensity of the relations between States is increasing nowadays. This relationship is marked by the many agreements made by States and States, as well as between States and non-States institutions, set out in the international treaties. Indonesia’s practices and status of international treaties in the Indonesian law are analyzed based on normative juridical approach. In relation to the enactment of international treaties in Indonesian national law, Indonesia made a separation (based on the Theory of Dualism), such as the United Nations Conventions on the Law of the Sea (UNCLOS) that has been ratified by Law Number 17 Year 1985 but still needs the implementation law (process of transformation) that is the Law Number 6 Year 1996 regarding the Indonesian Waters. In consideration of its decision, the Court is based on Article 33 Paragraph (3) of the 1945 Constitution, especially on water resources. In its conclusion, the Court stated that access to water is a part of human rights. This is reinforced by Article 12 Paragraph (1) of the ICESCR on the right for health. As it is known, Indonesia has ratified ICESCR through Law Number 11 the Year 2005. Thus Indonesia practiced both the Theory of Dualism and Monism, while the legal status of international treaties in Indonesian law is as a source of national law, either through the process of transformation or the process of incorporation.