STATUS PERWAKILAN DIPLOMATIK SUATU NEGARA DALAM PERSPEKTIF KONVENSI WINA 1961 DAN PERKEMBANGANNYA DI DALAM HUKUM DIPLOMATIK

Nurhartanto, Sri (2013) STATUS PERWAKILAN DIPLOMATIK SUATU NEGARA DALAM PERSPEKTIF KONVENSI WINA 1961 DAN PERKEMBANGANNYA DI DALAM HUKUM DIPLOMATIK. Phd thesis, UAJY.

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Abstract

The Dissertation entitled "The Status of the Diplomatic Mission of a State in the 1961 Vienna Convention Perspective and the Progress of Diplomatic Law ", aims to identify and analyze the inviolability of the diplomatic premises in the receiving state as stated in the 1961 Vienna Convention on Diplomatic Relations, the jurisdiction of sovereign state, and the status of diplomatic missions in applying extraterritorial jurisdiction to take measures that are inconsistent with the provisions of Article 41 paragraph (3) of the Vienna Convention and the progress of diplomatic law after the 1961 Vienna Convention setting up. Some theories are used to analyze the issues raised in this dissertation such as: the extraterritorial/ exterritoriality jurisdiction theory, the functional necessity theory, the sovereignty theory, the perfect equality of state theory, the territorial jurisdiction theory and the reciprocity theory. This prescriptive legal research focused on law enforcement and it was aimed explaining to determine the truth of law. The study based on the provisions of international law, particularly in the diplomatic law, namely the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations and other laws (das-Sollen), as well as the application (das-Sein). The status of inviolability of diplomatic premises in the receiving state has not been absolute anymore. The progress of diplomatic law has shown that the situation can changes the status of inviolability. The protection of the citizens of the sending state who are involved in criminal act in the receiving state can be done based on the rights of extraterritorial jurisdiction. In the event of the receiving state has failed to implement international obligations to give mandatory access on consular notification and when the failure has caused harm to the citizens, the sending state is entitled to bring the case to international court. The granting of diplomatic asylum in spite of being contrary to the Convention of Diplomatic Relations has evolved into customary international law.

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