Ratification of International Convention under Indonesian Law: A Study on CITES 1973 and ASEAN Comprehensive Investment Agreement
- DOI
- 10.2991/assehr.k.210525.034How to use a DOI?
- Keywords
- Indonesian practice, ratification, International convention
- Abstract
Indonesian national law has defined two mechanisms in the ratification of international conventions, namely in form of an Act and in form of a Presidential decree. As stipulated in the Constitution of The Republic of Indonesia Year 1945 that:” causing broad and fundamental consequences for the lives of the people related to the burden on state finances, and/or necessitating changes or formation of laws” are the criteria of an international convention that must be ratified in form of an Act. However, some practices in the ratification of international conventions do not under this rule. These study aims are to analyze some of the International conventions which have been ratified not accordance with the criteria that have determined by national law. This study is doctrinal, using the statute approach and conceptual approach. This work focus on analyzes the Convention on International Trade in Endangered Species of International Trade of Wild Flora and Fauna 1973 (CITES 1973) and the ASEAN Comprehensive Agreement. The conclusion of this work affirmed that CITES 1973 and ASEAN Comprehensive Agreement have a fundamental effect on the life of the Indonesian people. Therefore, this convention shall ratify in form of an act. However, those two conventions have been ratified in form of a Presidential Decree, which means those ratifications contradict national law.
- Copyright
- © 2021, the Authors. Published by Atlantis Press.
- Open Access
- This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).
Cite this article
TY - CONF AU - Z Zunnuraeni AU - M Riadhussyah AU - M Y Fathoni AU - E S Nurbani PY - 2021 DA - 2021/05/26 TI - Ratification of International Convention under Indonesian Law: A Study on CITES 1973 and ASEAN Comprehensive Investment Agreement BT - Proceedings of the 2nd Annual Conference on Education and Social Science (ACCESS 2020) PB - Atlantis Press SP - 1 EP - 4 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.210525.034 DO - 10.2991/assehr.k.210525.034 ID - Zunnuraeni2021 ER -