EFEKTIFITAS KONVENSI WINA 1961 TENTANG HUBUNGAN DIPLOMATIK DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP DIPLOMAT ( STUDI KASUS PENAHANAN DIPLOMAT MALAYSIA DI KOREA UTARA )

Pasali, Ocone Gilbert (2018) EFEKTIFITAS KONVENSI WINA 1961 TENTANG HUBUNGAN DIPLOMATIK DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP DIPLOMAT ( STUDI KASUS PENAHANAN DIPLOMAT MALAYSIA DI KOREA UTARA ). EFEKTIFITAS KONVENSI WINA 1961 TENTANG HUBUNGAN DIPLOMATIK DALAM MEMBERIKAN PERLINDUNGAN HUKUM TERHADAP DIPLOMAT ( STUDI KASUS PENAHANAN DIPLOMAT MALAYSIA DI KOREA UTARA ).

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Abstract

Diplomatic representative is a person appointed by a national government to conduct official negotiations and maintain political, economic, and social relations with another country or countries. In international law, diplomatic representative has immunity and privileges that make him Inviolable from the jurisdiction of the Receiving State. This study examines the effectiveness of the Vienna Convention on Diplomatic Relations 1961 in providing legal protection of diplomats concerning the case of detention of Malaysian diplomats in North Korea. In this case, North Korea is taking hostage against a Malaysian diplomat so this situation leads to a dispute between two countries. because in the Vienna Convention on Diplomatic Relations 1961 chapter 29 it is said that a diplomat can not be arrested in any form but in fact the Malaysian diplomat is detained by North Korean authorities. The method of this research is normative research. Normative research is a method that focuses on literature study which focuses on positive law study. The results of this study show that the application of the 1961 Convention on Diplomatic Relations is not effective because North Korea has no good faith in the implementation of the Convention

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