The Legal Challenges to Implement Treaties in The Democratic State: A Contextual of Indonesia
Year: 2024
Type: article
Abstract: International relations is a multifaceted field that examines the interactions between various actors on the global stage. The ratification of international treaties poses significant legal and democratic challenges that can impede effective international cooperation into national action. This essay will discuss the legal challenges in the implementation of treaties in the democratic state in Indonesia. In the ratification (internal process), the roles to check and balance towards the government action in the result of negotiation in the international forum may be filtered before applying the rights and obligations to the national legal system. The aim of this essay will discuss the legal challenges to apply the legal provision of treaties in the national legal system as the transformation process and the implementation need to follow the democratic state requirement constitutionally. This essay investigates the practice of Indonesia in implementing its rights and obligations in the international forum, the position of treaties under the national legal system, and the challenges to implement treaties to be accepted to the public. This essay uses doctrinal and normative legal research, and uses the conceptual approach to analyse the discussion. The result of this essay shows that the legal challenges appear when the implementation of democratic principle limits the executive powers action, which influences the implementation of international provisions as long as the limitation is considered as not relevant to democratic principles which are constitutionally recognised.
DOI: 10.55292/1asw2329
Authors: Arum Anggraeni Maulida, Afriansyah Tanjung
Institutions: Ministry of Foreign Affairs, Universitas Siber Muhammadiyah
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W6950281965
FWCI:
Cites:
Cited by:
Related to: