STATUS HUKUM INTERNASIONAL DALAM SISTEM HUKUM DI INDONESIA
Abstract: A rule of
international law is regarded as non-self-executing in the Indonesian legal system.
It means the international legal norm does not have legal binding force in the
domestic courts of Indonesia without an implementing legislation. Indonesia is
a dualist country vis-à-vis the elation of international law and national law.
In regard with the implementation of rules of international law into the
Indonesian courts, Indonesia follows the transformation theory where the rules
of international law must be transposed into national laws to have them
enforced. Therefore, it is the supremacy of national law over international law
before the domestic courts.
Kata Kunci: non-self-executing treaties, sistem hukum Indonesia, dualisme, teori transformasi,
implementing legislation
Penulis: Wisnu Aryo Dewanto
Kode Jurnal: jphukumdd090054
