KEJAHATAN SPIONASE YANG DILAKUKAN OLEH PEJABAT DIPLOMATIK (STUDI KASUS PENYADAPAN OLEH PEJABAT DIPLOMATIK AUSTRALIA TERHADAP PEJABAT PEMERINTAH INDONESIA)

Prastowo, Albertus Ardian (2016) KEJAHATAN SPIONASE YANG DILAKUKAN OLEH PEJABAT DIPLOMATIK (STUDI KASUS PENYADAPAN OLEH PEJABAT DIPLOMATIK AUSTRALIA TERHADAP PEJABAT PEMERINTAH INDONESIA). S1 thesis, UAJY.

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Abstract

The title of this thesis is Espionage Delinquency Committed by Diplomatic Agent (Case Study of Illegal Interception Committed by Australia Ambassador towards Officials Government of Indonesia). The legal issue of this thesis is the fact that diplomatic agent often involves criminal offences in the receiving state; one of them is espionage act. Then the purpose of this thesis is to find out the legal consequences of espionage delinquency committed by diplomatic agent related to the case of Illegal Interception Committed by Australia Ambassador towards Officials Government of Indonesia. The method of this research is literature research. Automatically, the kind of this research is normative law research which is a research focused on positive law norms. The positive law norms include Vienna Convention 1961, Vienna Convention 1969, Responsibility of States for Internationally Wrongful Acts Convention, Budapest Convention 2001 on Cybercrime, bilateral agreement between Republic of Indonesia and Australia on The Framework for Security Cooperation and other regulations which related to the research object. In addition to positive law norms, this research also uses other resources as supporting data. It is obtained from the result of interview with resource person, books, article on journals and newspaper. Based on the Vienna Convention 1961 Article 3 and Article 41 verses (1) and (3), the agent diplomatic has basic obligations to perform his function in receiving state. These basic obligations are not to interfere in the internal affairs of receiving state and to respect the laws and regulations of the receiving State. If the agent diplomatic involves espionage act, it indicates that the agent diplomatic has violated the provisions of Vienna Convention 1961 Article 3 and Article 41 verses (1) and (3). In the case of Indonesia and Australia, the illegal interception which committed by the Australia Ambassador has violated the provisions of Agreement between The Republic of Indonesia and Australia on The Framework for Security Cooperation Article 2 verse (2). Certainly, these violation have some legal consequences because the injured state, in this case is Republic of Indonesia, will take some measures to ensure reparation and cessation of espionage act. The result of this research are the receiving state can declare persona non grata to diplomatic agent who committing espionage act, but in certain case, the receiving state can request the sending state to waive the immunity and inviolability of diplomatic agent. In the case of Indonesia and Australia, the Indonesia government takes some responses, these are: sending protest note to Australia ambassador, recalling Indonesia ambassador in Canberra and reviewing bilateral treaty and cooperation between Indonesia and Australia, which it can be qualified as countermeasure.

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