Indonesia Conference Directory

This research alludes to the practice of monism and dualism theory in terms of the application of international law within national jurisdiction and its regulations. It is referred to the countries which applying Civil and Common legal system, or in this case represent by Indonesia and Malaysia. This issue has been arising especially due to the absence of specific regulations for modulating the international law application in Indonesia. Comparing with Malaysia which commonly would be revisiting the legacy of the British legal system as they were colonized by the British if there are none of the regulations in settling the case. The tendency to have a specific reference for having special regulation upon the existence and use of international law in the municipal area is to restrict the power of law enforcer, with special reference to the Judges and giving clarity of which doctrine is supposed to be used in dealing with the issue. Conversely, this matter also brings the concern on state sovereignty in determining the role of international law as the instruments of resolving the national issue. The results show that Indonesia is still having the inconsistency for functioning the international law in the local legal practice. It triggered by the lack of prevailed regulations even more in the Indonesian Constitution concerning the International law application. This is supposed to be crystal clear to consider, either the international law can be applied by transformation or corporation theoretically.