Kewenangan Dewan Perwakilan Rakyat dalam pengesahan pevjanjian internasional setelah adanya Putusan Mahkamah Konstitusi nomor 13/PUU-XVI/2018 = The authority of the house of representatives in the ratification of international treaties following issuance of the constitutional court decision number 13/PUU-XVI/2018

Holiyanto, Rich (2020) Kewenangan Dewan Perwakilan Rakyat dalam pengesahan pevjanjian internasional setelah adanya Putusan Mahkamah Konstitusi nomor 13/PUU-XVI/2018 = The authority of the house of representatives in the ratification of international treaties following issuance of the constitutional court decision number 13/PUU-XVI/2018. Bachelor thesis, Universitas Pelita Harapan.

	Text (Title) Title.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (1MB)
Preview	Text (Abstract) Abstract.pdf Available under License Creative Commons Attribution Non-commercial Share Alike. Download (176kB) | Preview
Preview	Text (Table of Content) ToC.pdf Available under License Creative Commons Attribution Non-commercial Share Alike. Download (193kB) | Preview
Preview	Text (Chapter) Chapter1.pdf Available under License Creative Commons Attribution Non-commercial Share Alike. Download (274kB) | Preview
	Text (Chapter 2) Chapter2.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (306kB)
	Text (Chapter 3) Chapter3.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (233kB)
	Text (Chapter 4) Chapter4.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (344kB)
	Text (Chapter 5) Chapter5.pdf Restricted to Registered users only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (201kB)
Preview	Text (Bibliography) Bibliography.pdf Available under License Creative Commons Attribution Non-commercial Share Alike. Download (224kB) | Preview
	Text (Appendices) Appendices.pdf Restricted to Repository staff only Available under License Creative Commons Attribution Non-commercial Share Alike. Download (2MB)

Abstract

The entire process of making an international treaty or treaty making process is carried out by the government, from negotiation to its entry into force within the domestic legal system. In Indonesia, the 1945 Constitution gives the president (executive) the authority to be able to declare war, make peace, and make agreements with other countries, with the approval of the House of Representatives or DPR (legislative). Likewise, the process of making international treaties is given to the president and his assistants, but must obtain the approval of the DPR. DPR’s approval can be given, one of them through ratification or ratification using the law. Ratification of an international agreement can be done through the enactment of ratification laws or Presidential Regulations, dependent upon on the substance of the agreement. Article 10 of Law Number 24 of 2000 on International Treaties stated that ratification of international agreements shall be carried out by law when it comes to 6 matters, namely “political, peace, defence and state security; change of territory or determination of the territory of the Republic of Indonesia; sovereignty or sovereign rights of the state; human rights and the environment; the establishment of new legal rules; and foreign loans and / or grants.” Thus, with the enactment of the ratification law, DPR has also given its approval to the agreement. By the end of 2018, the Constitutional Court partially granted the petition for judicial review of Law 24 of 2000 made by salt farmers and a group of people who are disadvantaged by a treaty that does not get approval by DPR. The petitioners argue that the ratification of the agreement with the Presidential Regulation is contrary to the constitution, because there is no involvement of DPR in it when the treaties are ratified by Presidential Regulations. Some treaties, like Bilateral Investment Treaty within Indonesia and Singapore, was ratified by the Presidential Regulation 6 of 2006. To the petitioners, the treaties contains many rules that harm them. They said that, without ratification law, there’s no people sovereignty. So they submitted a request to the Constitutional Court that every international agreement must involve the Parliament, because Parliament approval is also people sovereignty. In its decision, the Constitutional Court removed the six types of treaties regulated in Article 10, that must be ratified by using the law, and states that DPR approval must not be given by a ratification law, but can be done in a consultation with the government. As a result, confusion occurs, which agreements must be ratified by law or Presidential Regulation - an elaboration of which the Author seeks to expand in this Thesis.

Actions (login required)

View Item