Ratification of International Convention under Indonesian Law: A Study on CITES 1973 and ASEAN Comprehensive Investment Agreement

Abstract

Indonesian national law has defined two mechanisms in the ratification of international conventions, namely in form of an Act and in form of a Presidential decree. As stipulated in the Constitution of The Republic of Indonesia Year 1945 that:" causing broad and fundamental consequences for the lives of the people related to the burden on state finances, and/or necessitating changes or formation of laws" are the criteria of an international convention that must be ratified in form of an Act. However, some practices in the ratification of international conventions do not under this rule. These study aims are to analyze some of the International conventions which have been ratified not accordance with the criteria that have determined by national law. This study is doctrinal, using the statute approach and conceptual approach. This work focus on analyzes the Convention on International Trade in Endangered Species of International Trade of Wild Flora and Fauna 1973 (CITES 1973) and the ASEAN Comprehensive Agreement. The conclusion of this work affirmed that CITES 1973 and ASEAN Comprehensive Agreement have a fundamental effect on the life of the Indonesian people. Therefore this convention shall ratify in form of an act. However, those two conventions have been ratified in form of a Presidential Decree, which means those ratifications contradict national law.