Laws of Ratification of an International Treaty in Indonesian Laws Hierarchy

This journal article discusses the laws of ratification of an International treaty in Indonesian laws hierarchy. This journal uses a normative research approach where a draft agreement and laws are used as primary data apart from the laws and International treaties. There are some issues that still unsettled related to the legal status of the laws of ratification of an International treaty that have impacts in the implementation of the treaty. The laws of ratification of an International treaty now is still classified as general laws whose the content of the norm has been discussed by the People's Representatives Council, therefore the laws of ratification of an International treaty automatically become the object of Judicial Review at the Constitutional Court of the Republic of Indonesia. The cancellation of the laws of ratification of an International treaty impacts the cancellation of the deal on the treaty and it has failed the pacta sunt servanda principle, which becomes the basis of a treaty. To solve problems related to the cancellation of laws of ratification of an International treaty at the Constitutional Court, there are several efforts on state administration by classifying the laws which differ the general laws from the laws whose contents are related to the International treaty. Furthermore, a progressive new method on the state administration is needed by giving a Judicial Preview right to the Constitutional Court to conduct a review on the bill of the ratification of an International treaty based on its suitability to the constitution

Judicial Preview on the Bill on International Treaty Ratification

This research is aimed to find and introduce a new idea on the state administration, which has implications on the International treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an International treaty examination procedure by the Constitutional Court before an International treaty is transformed into a law, i.e. such International treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an International treaty has not been validated as a country's national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and International law. The judicial preview is also the inter-state institutions real check and balance on the International treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An International treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law