Analisa yuridis mengenai penyalahgunaan hak kekebalan diplomatik atas kasus kecelakaan fatal pada korban Harry Dunn oleh istri diplomat Amerika Serikat di Inggris pada tahun 2019

Pangarso, Larasati Anjani Putri (2023) Analisa yuridis mengenai penyalahgunaan hak kekebalan diplomatik atas kasus kecelakaan fatal pada korban Harry Dunn oleh istri diplomat Amerika Serikat di Inggris pada tahun 2019. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Diplomatic immunity emphasizes the importance of bilateral bonds between states, which serves to facilitate the missions of diplomatic staff and is also given to family members of diplomatic staff. That being said, diplomatic immunity is not to be used as personal interests under the law stipulated in the Vienna Convention on Diplomatic Relations 1961. This study will focus on the diplomatic immunity enjoyed by the wife of US Diplomatic Staff serving in England named Anne Sacoolas who caused an accident involving the victim Harry Dunn, a young man from England near the Royal Air Force base in Croughton, Northamptonshire causing his death. This accident was caused because Mrs. Sacoolas was driving recklessly and was driving in the wrong lane. The process of achieving justice has become extremely difficult due to the United States’ rejection to waive Anne Sacoolas’ immunity and to also extradite Anne Sacoolas, in spite of an extradition treaty that has already been made between US and UK called Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America 2003. This study will focus on the scope and extent of diplomatic immunity enjoyed by Mrs. Sacoolas at the time of the accident based on VCDR 1961 and Extradition Treaty 2003 using normative legal research methods. Through this case, it could be concluded that Anne Sacoolas is indeed guilty and deserves to be extradited considering that she was proven to have committed a criminal act and she also violated the VCDR 1961 by not respecting the laws and regulations of the Receiving State.

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