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All Journal Journal of Innovative and Creativity Jurnal Hukum dan Pendidikan Kewarganegaraan
M. Ilham Adepio
Universitas Bengkulu
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Pelanggaran Imunitas Diplomatik oleh Petugas Imigrasi Indonesia Kajian Yuridis terhadap Konvensi Wina 1961 Anesva Sari Della; Zahra Utami Aprilia; Firdhan Azhim Akbar; Ema Septaria; M. Ilham Adepio
Journal of Innovative and Creativity Vol. 5 No. 2 (2025)
Publisher : Fakultas Ilmu Pendidikan Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/joecy.v5i2.408

Abstract

Diplomatic Immunity is one of the important things in international relations, which is regulated by the 1961 Vienna Convention to protect diplomats in carrying out their duties. However, the application of this immunity often poses challenges, especially when there is tension between international law and domestic law. Such as in the incident involving Nigerian diplomats who were attacked by Indonesian immigration officers in 2021. This incident raises the question of how the Principle of Diplomatic Immunity Relates to Indonesian Immigration Law and How the Implementation of Indonesian Immigration Law Policy is in the Case of Nigerian Diplomats. This study uses a normative approach with the Statute Approach method, namely the approach to statutory regulations consisting of legal materials and is of a library research nature. The results of this study indicate that, although Indonesia has a strict immigration policy, the protection of diplomatic rights based on the 1961 Vienna Convention has not been fully implemented. Weaknesses in the understanding of officers require increased training on diplomatic immunity, integrated supervision, and alignment of immigration regulations to prevent diplomatic conflicts and maintain the stability of international relations. This study suggests that Indonesia can strengthen immigration officer training on diplomatic immunity, as well as align immigration regulations with the principle of diplomat protection to prevent escalation of diplomatic conflicts and maintain its global reputation.
Kedudukan Perjanjian Internasional Bagi Indonesia Berdasarkan Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dan Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Dian Alya; Yolanda Fitri; Windia Febrica Stevany; Ema Septaria; M. Ilham Adepio
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The development of globalization has increased Indonesia’s involvement in international treaties, creating the need for legal certainty in their implementation at the national level. This study aims to analyze the position of international treaties within the Indonesian legal system based on the 1945 Constitution of the Republic of Indonesia and Law Number 24 of 2000 concerning International Treaties. The research method used is normative juridical with statutory and conceptual approaches. The results show that international treaties have a constitutional basis in Article 11 of the 1945 Constitution and require ratification to be applicable in national law, reflecting a moderate dualism approach. However, their position within the hierarchy of laws and regulations is not explicitly regulated, which may lead to normative conflicts. Furthermore, constitutional supremacy remains the fundamental principle in Indonesia’s legal system.
Co-Authors Anesva Sari Della Dian Alya Ema Septaria Firdhan Azhim Akbar Windia Febrica Stevany Yolanda Fitri Zahra Utami Aprilia