POLITIK HUKUM PEMBENTUKAN PERJANJIAN INTERNASIONAL PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 13/PUU-XVI/2018

Abstract

The ratification of an international treaty is a way for a country to declare to be bound by an
international treaty. The Constitutional Court issued the Constitutional Court Decision
No.13/PUU-XVI/2018 regarding the International Treaty Law which was motivated by
differences of opinion regarding the process of ratifying international treaties. It is necessary to
know how the impact of this Constitutional Court Decision on the process of implementing the
ratification of international agreements by looking at the comparison of the practice of ratifying
international agreements in various countries.
 The legal politics after the decision of the case is right in the legal system regarding the
application of international agreements in the national legal system. Article 2 of Law Number 24
of 2000 concerning International Treaties with Article 11 of the 1945 Constitution of the
Republic of Indonesia only regulates the division of authority between the President and the
House of Representatives in ratifying international treaties. The lack of clarification on the
Indonesian legal and political system creates problems in the application of domestic
international agreements, especially in relation to the role and authority of the House of
Representatives and the President in terms of making international agreements, the absence of
an explanation of the authority of the House of Representatives in terms of making international
agreements has implications for various questions regarding the legal construction of the
authority of the House of Representatives after the decision of the Constitutional Court number
13/PUU-XVI/2018 concerning International Agreements.
Keywords: Legal Politics – International Treaties – Constitutional Court Decisions.