The legal status of treaties under Indonesia law is still ambiguous and not well developed due to its historical background, geographical isolation, lack of theoretically informed backup, also the absence of collaborative and interdisciplinary efforts on treaties between the scholarship of constitutional law and international law.
This book investigates the issue of treaties under traditional international law in their relations to domestic law and explores various theories that have been offered by scholars in light of globalization in order to seek whether these theories could help in explaining the issues.
Having examined these theories and thoroughly explored, contrasted, and analyzed how treaties are incorporated into domestic law under the constitutional orders of China, South Africa, Germany, and the Netherlands, the author suggest some resolutions that Indonesia may best adopt in its constitutional order: treaties binding Indonesia under international law shall be incorporated into Indonesian law in a way that could ensure the balance between international obligations and democratic legitimacy. In this regard, international obligations arising from treaties shall form part of Indonesian law after acquiring constitutional mandate, i.e. the law approving a treaty (ratifying law). The law shall be interpreted as granting validity in domestic law to a treaty in its quality as international rules.
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