PENYALAHGUNAAN HAK KEKEBALAN DAN KEISTIMEWAAN OLEH PEJABAT DIPLOMATIK ARAB SAUDI TERHADAP PELAYAN PRIBADINYA DI JERMAN

Mahadewi, Kadek Anggisita (2017) PENYALAHGUNAAN HAK KEKEBALAN DAN KEISTIMEWAAN OLEH PEJABAT DIPLOMATIK ARAB SAUDI TERHADAP PELAYAN PRIBADINYA DI JERMAN. .. ISSN .

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Abstract

The purpose of this research is to investigate the abuse of immunity and privileges by diplomatc agents of Saudi Arabia against his personal servant in Germany can be penalized under Germany national law or not and acts of violance of diplomatic agents of Saudi Arabia contrary to Vienna Convention or not. A normative methods is used of this research that focus on the positive legal norms of laws. Immunity and privileges granted by the Vienna Convention of 1961 to ensure the implementation of the diplomatic function, but it does not mean the diplomatic agents can be free to act in the receiving State. As a representative of the sending State, he should respect the laws and regulations of the receiving State (Article 41 paragraph 1 Vienna Convention of 1961). One of immunity that enjoyed by diplomatic agent is immunity from criminal jurisdiction of the receiving State (Article 31 paragraph 1 Vienna Convention of 1961). If diplomatic agents violate the laws and regulations of the receiving State, he can not be penalized under national law of receiving State because he enjoy that immunity as found in Article 31 paragraph 1. In the case that occured in 2009, a Diplomat of Saudi Arabia and his family tortured his private servant in Jerman. His private servant of the diplomat is a migrant worker from Indonesia, her named is Dewi. Diplomats of Saudi Arabia and his family do not pay wages according to agreement, tortured physically of Dewi, and hold her passport. The action of the diplomat and his family is violate the provisions of article 41 Vienna Convention of 1961. As a representative of the sending state (Saudi Arabia state), the diplomat can not be punished by national laws of Germany according in article 31 paragraph 1 on Vienna Convention of 1961.

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