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21 J. Legal Ethical & Regul. Isses 1 (2018)
The Legal Status of Treaty/International Agreement and Ratification in the Indonesian Practice within the Framework of the Development of the National Legal System

handle is hein.journals/jnlolletl21 and id is 252 raw text is: Journal of Legal, Ethical and Regulatory Issues THE LEGAL STATUS OF TREATY/INTERNATIONAL AGREEMENT AND RATIFICATION IN THE INDONESIAN PRACTICE WITHIN THE FRAMEWORK OF THE DEVELOPMENT OF THE NATIONAL LEGAL SYSTEM Eddy Pratomo, Special Envoy to the President of the Republic of Indonesia for Maritime Delimitation between Indonesia and Malaysia R Benny Riyanto, Diponegoro University ABSTRACT The article's objective is to explore and analyse the definition of treaty or international agreement in the perspective of Indonesian Law, the concept of ratification under Indonesian Law and the legal status of treaty or international agreement in the Indonesian Legal System. This is driven by the assumption that the current Indonesian legal system does not provide certainty to all of the three questions. This article henceforth will further recommend amendments in the Indonesian legal system in order to answer the three presented questions. By using descriptive qualitative analysis, the results show that the entire executive, legislative, as well as judicative branches of Indonesia are required to reform the current system in order to solve the three core issues. Some recommendation that can be take into considerations, such as to revise the definition of treaty/international agreement under Articles 1(1) of the Law No. 24 of 2000 and Article 8(d) of the Law No. 17 of 2003 to align with the provisions of Articles 2(1)(a) of the Vienna Convention 1969 and 2(1)(a) of the Vienna Convention 1986, in order to include elements of an international agreement. Keywords: Treaty, International Agreement, Vienna Convention on the Law of Treaties 1969, Vienna Convention on the Law of Treaties 1986, Indonesian Legal System, Constitutional Law. INTRODUCTION Globalization is here and the advancement of science and technology allow borderless interaction become easier. Croucher (2004) defined globalization as a process of blending or homogenization by which the people of the world are unified into a single society and function together. This process is a combination of economic, technological, sociocultural and political forces (for a useful consideration in economic field, Kurniawan, 2017). States encounter in the globalization era promotes conclusion of agreements or treaties whether it is bilateral, regional, as well as multilateral. Indonesia has become party to numerous international agreements and obligated to implement it. The contemporary practice with regard to the dynamics of negotiating, forming, ratifying a treaty has become main issue in inter-state relations. It is related to a wide range of subjects including trade, investment, defence, social cultural and tourisms. Recent multilateral treaty, such as the Trans-Pacific Partnership (TPP), the Paris Agreement under the 1544-0044-21-2-180 Volume 21, Issue 2, 2018 1

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