Journal of Contemporary Law Studies
Vol. 2 No. 3 (2025): Mei

Tinjauan Hukum Kedudukan Informasi Mengenai Situasi Legal Pemohon Suaka Diplomatik dalam Pemberian Suaka Diplomatik Berdasarkan Caracas Convention on Diplomatic Asylum 1954

Lasman, Lasman (Unknown)



Article Info

Publish Date
26 May 2025

Abstract

This research focuses on addressing one of the gray areas in the practice of diplomatic asylum: the legal standing of information regarding the applicant's legal situation, compiled by the receiving state, and used as a consideration in granting asylum upon the request of the sending state, based on the Caracas Convention on Diplomatic Asylum (1955). In practice, the asylum-granting state has no obligation to allow intervention in evaluating the applicant’s condition. This results in broad discretionary authority for the sending state to unilaterally interpret the legitimacy of diplomatic asylum. This study employs a normative juridical method, relying on literature review and secondary data sources such as relevant international conventions and state practice. The findings show that the Caracas Convention does not explicitly require the receiving state to provide information or allow intervention in the evaluation process conducted by the sending state, nor does it obligate the sending state to request such information.In the absence of legal status information, the sending state may interpret the applicant’s situation based on its own political or legal considerations. This often hampers judicial processes in the receiving state and risks undermining the validity of diplomatic asylum granted to the applicant. As a recommendation, the establishment of a specific international guideline or instrument is necessary to serve as a formal reference for sending states in carefully evaluating the eligibility and status of individuals seeking diplomatic asylum.

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Journal Info

Abbrev

lawstudies

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Journal of Contemporary Law Studies ISSN 3030-8097 is a comprehensive and systematic scholarly platform dedicated to advancing research and discourse in the field of contemporary law. This journal serves as a critical resource for legal scholars, practitioners, and policymakers, fostering a deeper ...