Kewajiban Negara dalam Proses Ratifikasi Perjanjian Internasional: Memastikan Keselarasan dengan Konstitusi dan Mentransformasikan ke Hukum Nasional

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This article seeks to discuss responsibilities the state should take into consideration in the ratification process of international agreements. Such a discussion is needed due to many international agreements that Indonesia has participated in, either by signing orby ratification in the forms of legislations or presidential decrees. It is concluded from the article that there are two responsibilities have to be taken in the process of ratification; first, ensuring the compliance of any international agreements with the Constitution. Not only do the Constitution functions as agrand norm in the hierarchy of Indonesian law, the compliance with the Constitution is also urgent to ensure the uniformity of government perception when dealing with the international agreements with the people’s perception and to avoidany vested interests from other countries against the sovereignty of Indonesia considering that the international agreements might have been used as political instruments by one country over the others. Second, the responsibility to transform the international agreements into the national laws. The transformation, particularly of the international agreements with law making treaties, is essential to change any regulations of certain countries into legislations in other countries.
Original languageIndonesian
Pages (from-to)1-32
JournalUndang: Jurnal Hukum
Issue number1
Publication statusPublished - 2019

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