The Legal Challenges to Implement Treaties in The Democratic State: A Contextual of Indonesia

Authors

  • Arum Anggraeni Maulida Indonesia Ministry of Foreign Affairs Author
  • Afriansyah Tanjung Universitas Siber Muhammadiyah Author

DOI:

https://doi.org/10.55292/1asw2329

Keywords:

treaties, democratic state, international relations

Abstract

International relations is a multifaceted field that examines the interactions between various actors on the global stage. The ratification of international treaties poses significant legal and democratic challenges that can impede effective international cooperation into national action. This essay will discuss the legal challenges in the implementation of treaties in the democratic state in Indonesia. In the ratification (internal process), the roles to check and balance towards the government action in the result of negotiation in the international forum may be filtered before applying the rights and obligations to the national legal system. The aim of this essay will discuss the legal challenges to apply the legal provision of treaties in the national legal system as the transformation process and the implementation need to follow the democratic state requirement constitutionally. This essay investigates the practice of Indonesia in implementing its rights and obligations in the international forum, the position of treaties under the national legal system, and the challenges to implement treaties to be accepted to the public. This essay uses doctrinal and normative legal research, and uses the conceptual approach to analyse the discussion. The result of this essay shows that the legal challenges appear when the implementation of democratic principle limits the executive powers action, which influences the implementation of international provisions as long as the limitation is considered as not relevant to democratic principles which are constitutionally recognised.

Author Biography

  • Afriansyah Tanjung, Universitas Siber Muhammadiyah

    S1 PJJ Hukum

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Published

2024-12-31

Issue

Vol. 2 No. 1 (2024): KNAPHTN (Desember)

Section

INTERNATIONAL PANEL : THE DEVELOPMENT OF DEMOCRATIZATION IN INDONESIA: CHALLENGES AND OPPORTUNITIES FROM THE PERSPECTIVE OF CONSTITUTIONAL AND ADMINISTRATIVE LAW

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How to Cite

The Legal Challenges to Implement Treaties in The Democratic State: A Contextual of Indonesia. (2024). Konferensi Nasional Asosiasi Pengajar Hukum Tata Negara Dan Hukum Administrasi Negara, 2(1), 1-26. https://doi.org/10.55292/1asw2329

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