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MOCH DODIK MUNAWIR
Universitas Narotama

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ANALISIS HUKUM INTERNASIONAL: TEORI KEBERLAKUAN, RELASI DENGAN HUKUM NASIONAL, DAN KEDUDUKANNYA DALAM SISTEM HUKUM INDONESIA MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

International law is a set of norms and principles that govern the relations between subjects of international law, primarily states and international organizations. This article aims to analyze three main aspects in the study of international law: the theory of the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. This research uses a normative juridical approach by examining various literature, doctrines, and relevant laws and regulations. The results of the study indicate that the applicability of international law is explained through several theories, including natural law theory, the theory of the will of the state, and the objectivist theory that emphasizes the need for order in the international community. In relation to national law, two main approaches are recognized: monism and dualism. The monist approach views international law and national law as a unified legal system, while dualism considers them to be separate legal systems that require a transformation process to be applied in national law. In Indonesia, the application of international law is generally carried out through the process of ratification or ratification of international treaties into national legislation. Thus, the position of international law in the Indonesian legal system depends on the ratification mechanism, so that it has binding legal force after being adopted into national law. This article is expected to provide a conceptual understanding of the position and application of international law in the context of the Indonesian legal system. Keywords: International law, theory of the applicability of international law, the relationship between international law and national law
HUKUM INTERNASIONAL MOCH DODIK MUNAWIR; NANDHIRZA IZAL ADIARA
Jurnal HUKUM BISNIS Vol 10 No 5 (2026): Volume 10 No 5 2026
Publisher : Fakultas Hukum Universitas Narotama

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article discusses the concept and applicability of international law and its relationship to national law, particularly in the context of the Indonesian legal system. International law is a set of norms and principles that govern relations between states, international organizations, and other subjects of international law in global relations. This study aims to analyze theories that explain the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. The research method used is a normative juridical approach by examining various legal literature, international treaties, and relevant laws and regulations. The results of the study indicate that the applicability of international law can be understood through several theories, such as monism and dualism, which explain how international law interacts with a country's national law. In practice, the relationship between international law and national law is often influenced by the legal system adopted by each country. In Indonesia, the position of international law is recognized through the ratification mechanism of international treaties and the application of international law principles in various national policies and regulations. Therefore, a comprehensive understanding of the applicability and position of international law is important to ensure harmonization between international obligations and national legal interests in facing the dynamics of global relations. Keywords: Penal Mediation, Intellectual Property Rights, Restorative Justice, Ultimum Remedium