Mekanisme Pengesahan dan Pelaksanaan Perjanjian Internasional di Indonesia

Indonesia, as a sovereign nation, engages in international relations and enters into agreements with other countries to foster cooperation and address shared concerns. These agreements, known as international treaties or conventions, are legally binding instruments that shape the country's foreign policy and domestic legal framework. The process of ratifying and implementing these treaties is a complex and multifaceted endeavor, involving various state institutions and legal procedures. This article delves into the intricate mechanism of ratification and implementation of international treaties in Indonesia, highlighting the key actors, stages, and legal considerations involved.

The process of ratifying and implementing international treaties in Indonesia is a meticulous one, involving a series of steps that ensure compliance with domestic legal norms and the country's constitutional framework. The process begins with the negotiation and signing of the treaty by authorized representatives of the Indonesian government. This initial stage involves careful consideration of the treaty's provisions and their potential impact on Indonesian law and policy. Once signed, the treaty is then submitted to the Indonesian Parliament (DPR) for ratification.

Ratification by the Indonesian Parliament

The Indonesian Parliament plays a crucial role in the ratification process. The DPR's approval is essential for a treaty to become legally binding on Indonesia. The ratification process involves a thorough review of the treaty by the relevant parliamentary committees, followed by a plenary session where members of parliament debate and vote on the ratification. The DPR's decision to ratify a treaty is based on its assessment of the treaty's compatibility with the Indonesian Constitution and its potential impact on the country's interests.

Presidential Decree and Implementation

Once the DPR has ratified a treaty, the President of Indonesia issues a Presidential Decree formally incorporating the treaty into Indonesian law. This decree serves as the official instrument that makes the treaty legally binding on Indonesia. The Presidential Decree also outlines the specific provisions of the treaty that will be implemented in Indonesia.

Implementation and Domestic Law

The implementation of an international treaty in Indonesia involves aligning domestic law with the treaty's provisions. This may require enacting new legislation, amending existing laws, or issuing regulations to ensure compliance with the treaty's obligations. The process of implementing a treaty can be complex, as it requires coordination between various government agencies and stakeholders.

Judicial Review and Enforcement

The Indonesian judiciary plays a crucial role in ensuring the effective implementation of international treaties. The Constitutional Court has the power to review the constitutionality of laws and regulations, including those related to the implementation of international treaties. The Supreme Court, as the highest court in the judicial hierarchy, also has a role in interpreting and applying international law in domestic legal proceedings.

Conclusion

The ratification and implementation of international treaties in Indonesia is a complex and multifaceted process that involves a series of steps and actors. The process begins with the negotiation and signing of the treaty, followed by ratification by the Indonesian Parliament. The President then issues a Presidential Decree incorporating the treaty into Indonesian law. The implementation of the treaty involves aligning domestic law with its provisions, which may require enacting new legislation, amending existing laws, or issuing regulations. The Indonesian judiciary plays a crucial role in ensuring the effective implementation of international treaties through judicial review and enforcement. The process of ratifying and implementing international treaties in Indonesia reflects the country's commitment to international cooperation and its adherence to the principles of international law.