The Legal Vacuum of Foreign Relations Law: Democracy on International Law Implementation in Indonesia
Year: 2024
Type: article
Abstract: Increased foreign relations are governed by international law, influencing national law in their implementation. These relations produce rights and obligations that bind state parties, often formalized through treaties. However, in Indonesia, applying international legal norms domestically presents challenges due to a lack of comprehensive regulations addressing their entry into force and internal implementation readiness. This essay discusses the complexity and the legal basis for adopting foreign relations’ effect on national law and seeks to address the legal vacuum of foreign relations law that has hindered democratic processes in Indonesia’s international law application in Indonesia. This essay examines two research questions: (1) how does foreign relations law bridge national and international relations? (2) how the principles of democracy are applied in the application of international law in Indonesia? Using the normative legal research method, which researches legal principles, legal systemic, and legal history. It finds that non-state actors have become a remarkable change in foreign relations, thus the foreign relations that come to domestic law have become more complex. From our perspective, the absence of a comprehensive foreign relations law in Indonesia has created a significant gap in aligning international law, which contains Indonesia’s international rights and responsibilities, with the democratic principles in Indonesia. As a result, the lack of a specific legal framework guiding the implementation of international law within a democratic context limits the effectiveness and transparency of Indonesia’s foreign policy.
DOI: 10.55292/p71fr953
Institution: Ministry of Foreign Affairs
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W6931705850
FWCI:
Cites:
Cited by:
Related to: