Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis

This article discusses several procedural problems in Indonesia’s rules on ratifying treaties. These problems stem from gaps in the existing laws as well as conflict between the general law on ratification and the more specific law that regulates ratification of trade treaties. The problems involve...

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Main Author: Fransiskus AWJ
Format: Article
Language:English
Published: Universitas Muhammadiyah Yogyakarta 2022-09-01
Series:Indonesian Comparative Law Review
Subjects:
Online Access:https://journal.umy.ac.id/index.php/iclr/article/view/12073
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author Fransiskus AWJ
author_facet Fransiskus AWJ
author_sort Fransiskus AWJ
collection DOAJ
description This article discusses several procedural problems in Indonesia’s rules on ratifying treaties. These problems stem from gaps in the existing laws as well as conflict between the general law on ratification and the more specific law that regulates ratification of trade treaties. The problems involve timing and inconsistency within the practice of treaty-ratification and its product. The issue of timing concerns the time that it takes to ratify a treaty. The issue of practice concerns inconsistency within the treaty-ratification practice because of a lack of procedures and the strange existence of procedures for specific treaties without the existence of general ones. The issue of product concerns an inconsistency within the result of ratifying a treaty. The problems are analyzed by observing the laws and practices of treaty-ratification of other states.
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spelling doaj.art-065230445dd2459b9186e43cd0e335702023-07-15T02:23:58ZengUniversitas Muhammadiyah YogyakartaIndonesian Comparative Law Review2655-23532655-65452022-09-0141263310.18196/iclr.v4i1.120736151Procedural Problems in Indonesia's Treaty-Making Process: A Comparative AnalysisFransiskus AWJ0Universitas Gadjah MadaThis article discusses several procedural problems in Indonesia’s rules on ratifying treaties. These problems stem from gaps in the existing laws as well as conflict between the general law on ratification and the more specific law that regulates ratification of trade treaties. The problems involve timing and inconsistency within the practice of treaty-ratification and its product. The issue of timing concerns the time that it takes to ratify a treaty. The issue of practice concerns inconsistency within the treaty-ratification practice because of a lack of procedures and the strange existence of procedures for specific treaties without the existence of general ones. The issue of product concerns an inconsistency within the result of ratifying a treaty. The problems are analyzed by observing the laws and practices of treaty-ratification of other states.https://journal.umy.ac.id/index.php/iclr/article/view/12073ratification procedurestreatiestreaty-making process
spellingShingle Fransiskus AWJ
Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
Indonesian Comparative Law Review
ratification procedures
treaties
treaty-making process
title Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
title_full Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
title_fullStr Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
title_full_unstemmed Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
title_short Procedural Problems in Indonesia's Treaty-Making Process: A Comparative Analysis
title_sort procedural problems in indonesia s treaty making process a comparative analysis
topic ratification procedures
treaties
treaty-making process
url https://journal.umy.ac.id/index.php/iclr/article/view/12073
work_keys_str_mv AT fransiskusawj proceduralproblemsinindonesiastreatymakingprocessacomparativeanalysis