Research Article
The Legal Provisions of Indonesian Law System on International Agreements
@INPROCEEDINGS{10.4108/eai.7-9-2021.2318258, author={Edmondus Sadesto Tandungan and Edgar Michael Parinussa and Margaritha Rami Ndoen}, title={The Legal Provisions of Indonesian Law System on International Agreements}, proceedings={Proceedings of the 1st Warmadewa International Conference on Science, Technology and Humanity, WICSTH 2021, 7-8 September 2021, Denpasar, Bali, Indonesia}, publisher={EAI}, proceedings_a={WICSTH}, year={2022}, month={6}, keywords={legal provisions; international agreements; national law}, doi={10.4108/eai.7-9-2021.2318258} }- Edmondus Sadesto Tandungan
Edgar Michael Parinussa
Margaritha Rami Ndoen
Year: 2022
The Legal Provisions of Indonesian Law System on International Agreements
WICSTH
EAI
DOI: 10.4108/eai.7-9-2021.2318258
Abstract
International treaties are one of the sources of international law and at the same time a form of manifestation of international cooperation between subjects of international law. Legal Provisions are necessary for the state to have in determining firmly the status and position of international treaties in the national legal system. This is a fundamental problem for Indonesia, which does not have Legal Provisions related to the position of international agreements, resulting in inconsistencies in the application of international agreements in the national legal system in Indonesia. The purpose of this research is to know the legal provisions of national law on international treaties in Indonesia and how the practice of implementing international treaties in Indonesia’s national legal system. This research is legal research using primary legal materials and secondary legal materials. The method of analysis was carried out using qualitative analysis. The results of this study show that Indonesia does not yet have Legal Provisions that strictly regulate the position of international agreements in national law, and the practice of implementing international agreements so far is by using the incorporation and transformation approach.