PENERAPAN PRINSIP EX GRATIA TERHADAP KERUGIAN YANG DIALAMI PERWAKILAN DIPLOMATIK ASING DI NEGARA PENERIMA (Studi Kasus Perusakan Gedung Kedutaan Besar RRC di Jakarta pasca Peristiwa G30S-PKI)

Saija, Jovita Agustien (2014) PENERAPAN PRINSIP EX GRATIA TERHADAP KERUGIAN YANG DIALAMI PERWAKILAN DIPLOMATIK ASING DI NEGARA PENERIMA (Studi Kasus Perusakan Gedung Kedutaan Besar RRC di Jakarta pasca Peristiwa G30S-PKI). Jurnal Ilmiah Ilmu Hukum. p1-17.

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Abstract

This thesis entitled Implementation of Ex Gratia Principle towards Disadvantage Experienced by Foreign Diplomatic Representative in Receiving State (Case Study of People’s Republic of China Embassy Premises Defacement in Jakarta, pasca-G30S-PKI Incident). The aims of this research was to find out how far the responsibility be given by Indonesian government based on Ex Gratia principle towards damage faced by China Embassy Premises in Jakarta, after the broken off of diplomatic relations between them pasca-G30S-PKI incident. Research method used normative law research which is a research focused on positive law norms. The result of this research showed that Indonesia as the Receiving State has to take responsibility over protection of each foreign representative who’ve been placed in Indonesia, particularly related to China Embassy Premises that was damaged by Indonesian people pasca-G30S-PKI incident. In accordance of Ex Gratia principle which determined in Vienna Convention 1961 concerning damage or disadvantage experienced by foreign representative in Receiving State, Indonesia should give compensation over damage experienced by China Embassy Premises in that time. Basically, Indonesia as the Receiving State was never admit ad been did any mistake towards China Embassy Premises defacement because assess that there was China’s intervention on G30S-PKI incident. While China itself was also never admit that their side had been supplying weapon related to G30S-PKI incident. The conclusion that could be drawn in this research was the implementation of Ex Gratia principle by Indonesia towards People’s Republic of China Embassy Premises in Jakarta was never exists until nowadays, however the diplomatic relationship between them had been reopen.

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