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All Journal Uti Possidetis: Journal of International Law International Journal of Business, Law, and Education
Cahayarizputra, Albiruwahidhan
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Constitutional Review of ASEAN Charter and Maastricht Treaty: A Comparison of Indonesia and France Dwi Prastyo, Muhammad Ariff; Cahayarizputra, Albiruwahidhan; Osckardo, Daniel
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.907

Abstract

This journal will discuss how the role of constitutional courts in Indonesia and France in reviewing the constitutionality of the ratification law of an international treaty. While both Indonesia and France possess a Constitutional Court/Council, both of them have different principles regarding the constitutional review of international treaties. This paper uses normative research with a descriptive analysis approach. We found that in practice, both Indonesia and France can constitutionally review the ratification of an international treaty. Although the Constitutional Court in Indonesia has never annulled the ratification of an international treaty, there remains the possibility of a treaty being ratified and later revoked by the process of judicial review. Meanwhile in France, while judicial review can conflict with the Constitution, in the case of the Maastricht Treaty this led to constitutional amendments to accommodate Maastricht Treaty with the Constitution instead of annuling the treaty altogether
PERJANJIAN INTERNASIONAL PADA HIERARKI PERATURAN PERUNDANG-UNDANGAN: PERBANDINGAN DI INDONESIA DENGAN PRANCIS Cahayarizputra, Albiruwahidhan
Uti Possidetis: Journal of International Law Vol 6 No 1 (2025): Februari
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i1.39328

Abstract

This paper is intended to discover the comparison between the role of international treaties in the hierarchy of legislations in Indonesia and France. Normative legal research is used in this paper with a comparative approach to find the similarities and differences between the legal systems in Indonesia and France, and also to find possible solutions to overcome current legal problems in Indonesia. The result of this paper is that the position of international treaties in Indonesia’s legal hierarchical order is largely unclear. The ratification of treaties in Indonesian law can be in form of regular laws (undang-undang) or presidential regulations (peraturan presiden). Meanwhile, France places international treaties in higher hiearchical position compared to ordinary laws, but lower postion compared to the Constitution, although France allows for constitutional amendments to accomodate international treaties that are found unconstitutional by the Constitutional Council. The unclear position of international treaties in Indonesia’s hierarchy of laws potentially causes problems if domestic laws conflict with the provisions of international treaties. International law mainly views that any conflict with domestic regulations is not an excuse to shirk their obligations to fulfill the provisions of a treaty, unless said treaty conflicts with the basic norms of a country. In order to guarantee the principles of pacta sunt servanda, and to ensure the harmonization of international agreements with national laws, thus international treaties should be given specific position in the hierarchy of laws.
Co-Authors Dwi Prastyo, Muhammad Ariff Osckardo, Daniel