KEBERADAAN ASAS PACTA SUNT SERVANDA DALAM PERJANJIAN INTERNASIONAL
Abstract: The pacta sunt
servanda is one of universally recognized legal principles by which its existence
has been known. Its mere relevance is related to treaty since this principle
deter-mines that greed stipulations concluded among parties become legally
binding and cause rights and duties to be fulfilled in good faith manner. As it
is recognized and accepted among parties to the treaty, it becomes integral
part of the law of the treaty particularly of the law of international treaty.
The preamble and Article 26 of the 1969 Vienna Convention on the Law of Treaty
and the 1986 Vienna Convention reiterate its legal existence as the guiding principle
to make and to implement international treaty. In the Indonesian legal system,
the existence of that principle inspires the formation of Article 1338 of
Indonesian Civil Code and of Article 4 (1) the Law Number 24 of 2000. It can be
concluded firmly that the existence of the pacta sunt servanda has formed and
evolved as a legal system including the international law legal system today.
Kata Kunci: asas hukum, pacta
sunt servanda, perjanjian internasional
Penulis: Harry Purwanto
Kode Jurnal: jphukumdd090034