The Requirement of House of Representative Approvals before the Treaty Ratification
Nimatul Huda, Dodik Setiawan Nur Heriyanto, Allan Fatchan Gani Wardhana
Faculty of Law, Universitas Islam Indonesia
Abstract
As part of the international community, Indonesia is an active country to participate at international treaties. To show it commitments, Indonesia has been adopted those treaties into domestic legal system. However, the existing law does not regulate the clear status of the treaties ratified by Indonesia. It is merely regulate about two classifications of treaties whether it needs parliament approval or not. With this situation, this study proposes a new model procedural legislation for the adoption of international treaties under Indonesian domestic law. With normative legal methodology, this study concludes that any effort from Indonesia to ratify treaties must be delivered to the house of representative at the beginning of process before ratification. This must be assisted with the academic research which contains the holistic explanation why the Government should ratify the treaty. The statutory law on treaty ratification must not only mentioning the ratification decision but also specifyng the whole provisions of the treaty that shall has direct binding effect in Indonesian territory.
Keywords: Treaty, Ratification, House of Representative
Topic: Law