PENERAPAN PRINSIP PERSONA NON GRATA TERHADAP DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENGANIAYAAN TKI OLEH DUTA BESAR ARAB SAUDI DI JERMAN)

2019 ◽  
Vol 1 (1) ◽  
pp. 60-71
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non-grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

scholarly journals Penerapan Prinsip Persona Non Grata Terhadap Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penganiayaan TKI Oleh Duta Besar Arab Saudi Di Jerman)

2021 ◽  
Vol 1 (2) ◽  
pp. 75-87
Author(s):  
Devi Yusvitasari
Keyword(s):  
International Relations ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
National Interests ◽  
The World ◽  
Diplomatic Immunity ◽  
The Right

A country needs to make contact with each other based on the national interests of each country related to each other, including among others economic, social, cultural, legal, political, and so on. With constant and continuous association between the nations of the world, it is one of the conditions for the existence of the international community. One form of cooperation between countries in the world is in the form of international relations by placing diplomatic representation in various countries. These representatives have diplomatic immunity and diplomatic immunity privileges that are in accordance with the jurisdiction of the recipient country and civil and criminal immunity for witnesses. The writing of the article entitled "The Application of the Principle of Non-Grata Persona to the Ambassador Judging from the Perspective of International Law" describes how the law on the abuse of diplomatic immunity, how a country's actions against abuse of diplomatic immunity and how to analyze a case of abuse of diplomatic immunity. To answer the problem used normative juridical methods through the use of secondary data, such as books, laws, and research results related to this research topic. Based on the results of the study explained that cases of violations of diplomatic relations related to the personal immunity of diplomatic officials such as cases such as cases of persecution by the Ambassador of Saudi Arabia to Indonesian Workers in Germany are of serious concern. The existence of diplomatic immunity is considered as protection so that perpetrators are not punished. Actions against the abuse of recipient countries of diplomatic immunity may expel or non- grata persona to diplomatic officials, which is stipulated in the Vienna Convention in 1961, because of the right of immunity attached to each diplomatic representative.

PENYALAHGUNAAN HAK KEKEBALAN DIPLOMATIK DITINJAU DARI KONVENSI WINA 1961 (STUDI KASUS PENYELUNDUPAN EMAS OLEH PEJABAT DIPLOMATIK KOREA UTARA DI BANGLADESH)

2019 ◽  
Vol 1 (1) ◽  
pp. 81-94
Author(s):  
Komang Sukaniasa
Keyword(s):  
New York ◽  
North Korea ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Special Power ◽  
New York Convention ◽  
Diplomatic Immunity ◽  
The Right ◽  
State Representatives

Diplomatic officials are state representatives in developing diplomatic relations with other countries where it is accredited. Diplomatic officials have the rights of immunity and privileges granted by the sending country. Besides enjoying these rights, diplomatic officials also have obligations. As a diplomatic official from North Korea, Son Young Nam is obliged to obey the rules contained in the 1961 Vienna Convention, the 1969 New York Convention, and to respect the national law of the country of Bangladesh which is the country where he was accredited. Son Young Nam's smuggling of gold into Bangladesh was a form of abuse of diplomatic immunity. The act violated Articles 27 and 41 (1) of the 1961 Vienna Convention and Article 25b of The Special Power Act of Bangladesh. Although they have the right to immunity, these rights are not absolute. Immune rights can be breached in the event of gross violations committed by diplomatic officials.

scholarly journals Pelanggaran Prinsip Persona Grata Atas Penyerangan Duta Besar Ditinjau Dari Perspektif Hukum Internasional (Studi Kasus Penyerangan Duta Besar Amerika Serikat Di Benghazi Libya)

2021 ◽  
Vol 1 (2) ◽  
pp. 63-74
Author(s):  
Desi Yunitasari
Keyword(s):  
United States ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
The United States ◽  
Vienna Convention ◽  
International Obligation ◽  
Injured Party ◽  
The Government ◽  
Legal Consequences

The development of human history has proven that relations between countries are inevitable and are a necessity and often cause conflicts. Along with its development, an unavoidable event is an increase in violations of the provisions of international law, especially with regard to the principle of persona grata where officials or diplomat representatives should get protection when it has been received and placed in the recipient country. As happened in mid-2012 namely regarding the bombing incident carried out through a rocket attack on the United States Embassy (Libya) Office, Libya, in Benghazi City, on September 11, 2012. The attack resulted in the Ambassador and three embassy staff killed. In research that uses normative juridical methods, it is necessary to use secondary data, such as books, laws, and research results on research topics to determine the extent of the legal consequences of the principle of persona grata that has been violated. Based on the results of the study explained that the Libyan Government is responsible for the incident because it fulfills two elements of state responsibility including act or omission that can be imputable to a country, and the act or omission constitutes a violation of an international obligation, especially regarding the principle of persona grata. The Government of Libya as the recipient country is obliged to be responsible based on the 1961 Vienna Convention Article 22 Paragraph (2). As the injured party, the United States can hold the Libyan government diplomatically responsible, namely negotiations, bearing in mind that the benefits of negotiation settlement can be measured in all aspects.

Flag and Emblem of the Sending State

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
The Right

This chapter explores Article 20 of the Vienna Convention on Diplomatic Relations which deals with the use of the flag and emblem of the sending State by the members of the diplomatic mission. The Article confers the right to the mission and its head to use the flag and emblem of the sending State on the premises of the mission, including the residence of the head of the mission, and on his means of transport. The chapter describes how international law imposes a high duty of protection on the receiving State wherever a flag of the sending State is flown. The main purpose of the privilege is to enable the authorities of the receiving State to extend special courtesies and priority in traffic. Identifiable registration numbers are also issued in many capitals, and these serve the same purpose.

Book II Diplomatic and Consular Relations, 5 Functions of Diplomatic Missions and Consulates

2016 ◽  
Author(s):  
Roberts Ivor
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Sovereign State ◽  
The Right

This chapter examines the functions of diplomatic missions and the performance of consular functions by diplomatic missions. Under long established principles of international law now codified in Article 2 of the Vienna Convention on Diplomatic Relations, the establishment of diplomatic relations between States and the establishment of permanent diplomatic missions take place by mutual consent. The right to send and receive diplomatic agents flows from recognition as a sovereign State and was formerly known as the right of legation (ius legationis). Furthermore, it is in modern practice highly exceptional for two States to recognize each other without formally establishing diplomatic relations—and such a situation usually indicates extreme tension or coolness between them. By contrast, it is now common for two States to establish or to maintain diplomatic relations without having permanent missions in each other’s territory.

PELANGGARAN PRINSIP PERSONA GRATA ATAS PENYERANGAN DUTA BESAR DITINJAU DARI PERSPEKTIF HUKUM INTERNASIONAL (STUDI KASUS PENYERANGAN DUTA BESAR AMERIKA SERIKAT DI BENGHAZI LIBYA)

2019 ◽  
Vol 1 (1) ◽  
pp. 49-59
Author(s):  
Desi Yunitasari
Keyword(s):  
United States ◽  
International Law ◽  
Recipient Country ◽  
Secondary Data ◽  
The United States ◽  
Vienna Convention ◽  
International Obligation ◽  
Injured Party ◽  
The Government ◽  
Legal Consequences

The development of human history has proven that relations between countries are inevitable and are a necessity and often cause conflicts. Along with its development, an unavoidable event is an increase in violations of the provisions of international law, especially with regard to the principle of persona grata where officials or diplomat representatives should get protection when it has been received and placed in the recipient country. As happened in mid-2012 namely regarding the bombing incident carried out through a rocket attack on the United States Embassy (Libya) Office, Libya, in Benghazi City, on September 11, 2012. The attack resulted in the Ambassador and three embassy staff killed. In research that uses normative juridical methods, it is necessary to use secondary data, such as books, laws, and research results on research topics to determine the extent of the legal consequences of the principle of persona grata that has been violated. Based on the results of the study explained that the Libyan Government is responsible for the incident because it fulfills two elements of state responsibility including act or omission that can be imputable to a country, and the act or omission constitutes a violation of an international obligation, especially regarding the principle of persona grata. The Government of Libya as the recipient country is obliged to be responsible based on the 1961 Vienna Convention Article 22 Paragraph (2). As the injured party, the United States can hold the Libyan government diplomatically responsible, namely negotiations, bearing in mind that the benefits of negotiation settlement can be measured in all aspects.

scholarly journals Origin, establishment and development of the idea of self-determination of peoples

2021 ◽  
pp. 60-73
Author(s):  
Azer Kagraman Ogly Kagramanov
Keyword(s):  
International Relations ◽  
International Law ◽  
Self Determination ◽  
Modern World ◽  
Territorial Integrity ◽  
The World ◽  
The Status ◽  
The Subject ◽  
The Right

The subject of this research is the examination of evolution of the idea of self-determination of peoples based on the fundamental works of the Russian and foreign scholars, thinkers of the antiquity and modernity. The author considers the transformations experienced by the principle of self-determination at various historical stages of development; as well as builds a corresponding systems of the development cycles. The conclusion is made that after conception of the idea of self-determination, the colonial powers viewed this concept as ethical, seeing the threat to legitimacy of the established order. Therefore, throughout almost a century, the leading countries refused to include this right into the corresponding international and domestic documents. The main conclusions are as follows: after consolidation of the principle in the Charter of the United Nations, it became the foundation for the emergence of news states and destruction of the colonial world; the principle served as a leitmotif for the development of human rights and international relations, but at the same time became a threat and challenge to the territorial integrity; wars between the countries are replaced with the civil and interethnic conflicts; the world is captured with such phenomena as state nationalism that subsequently grew into extremely radical forms, such as fascism and Nazism; the modern international law actively promotes the two competing principles – territorial integrity and self-determination; in modern world, the right to self-determination is not limited by peoples under the colonial past – there occur new forms of self-determination that threaten the existence of sovereign states. Uncertainty of the status of the newly emerged states formations serves as the source of domestic and international tension, which inevitably leads to intergovernmental clashes and negatively impacts geopolitical situation in separate regions and in the world as a whole.

Exemption of Mission Premises from Taxation

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
General Practice ◽  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Customary International Law ◽  
Bilateral Agreements ◽  
Local Taxes ◽  
Diplomatic Immunity

This chapter examines Article 23 of the Vienna Convention on Diplomatic Relations which deals with the exemption of the diplomatic mission premises from taxation. Article 23 states that the sending State and the head of the mission shall be exempt from all dues and taxes in respect of the premises of the mission. This exemption however shall not apply to dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. This practice traces its roots from the nineteenth century when it was not based on diplomatic immunity but on courtesy. Many States concluded bilateral agreements or arrangements providing exemption—a practice which would have been unnecessary if customary international law had required it. During the twentieth century, general practice based on courtesy or on reciprocity began to harden into a customary rule requiring exemption from central and local taxes on mission property.

Establishment of Diplomatic Relations

2016 ◽  
Author(s):  
Denza Eileen
Keyword(s):  
International Law ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Sovereign State ◽  
Holy See ◽  
Foreign State ◽  
The Status ◽  
The Right ◽  
International Law Commission ◽  
Law Commission

This chapter analyses the Article 2 of the Vienna Convention on Diplomatic Relations which states that diplomatic relations, and of permanent diplomatic missions, takes place by mutual consent. It outlines the changes and development that led to the formation of the article. The International Law Commission traces the roots of the second article from a state’s right to legation, the right of sending a diplomatic mission to a foreign state. However, in order to determine whether an entity has the ‘right of legation’, it is necessary to determine whether or not it is a State. For most of the Parties of the Convention, the right to conduct diplomatic relations is generally regarded as flowing from recognition as a sovereign State. The chapter describes some instances where recognition plays an important factor in diplomacy, such as the status of Palestine and the Holy See.

Diplomatic immunity ratione materiae, immunity ratione materiae of state officials, and state immunity: A comparative analysis

2020 ◽  
pp. 1-21
Author(s):  
Xinxiang Shi
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
The Other ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Substantive Issue ◽  
State Immunity ◽  
Diplomatic Immunity ◽  
Personal Liability ◽  
State Functions

Abstract This article explores the scope and nature of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations (VCDR) by comparing this immunity with state immunity and immunity ratione materiae of ordinary state officials in general international law. It is argued that diplomatic immunity ratione materiae is distinct from immunity ratione materiae of ordinary state officials because ‘functions’ of a mission member should not be treated as ‘state functions’ in general but should be understood within the framework of Article 3(1) of the VCDR, which sets out the functions of a diplomatic mission as a whole. This means that the immunity cannot be upheld for serious violation of international law. On the other hand, diplomatic immunity ratione materiae is also different from state immunity both in scope and in nature. Therefore, the immunity must be understood as a unique concept which includes both the substantive issue of non-personal-liability and the procedural issue of immunity from jurisdiction. This hybrid nature of diplomatic immunity ratione materiae is the corollary of the functional emphasis of the Vienna Convention.

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