Judicial Review of the Law on Ratification of Treaty (A Study on Judicial Review Case of the Law on Ratification towards ASEAN Charter)

摘要

The ratification of Treaty regulated in Law Number 24 Year 2000, consists of internal and external ratification.Both kinds of ratification caused ambiguity on the understanding of ratification, i.e.: does the internal ratification which marked by the enactment of Law on Ratification Towards Treaty is an instrument to bind Indonesia to an Treaty?This article will analyze two problems. First, is the binding of Indonesia towards Treaty conducted by the Law on ratification or with ratification instrument? Second, can the Law on ratification towards Treaty judicial be reviewed in Constitution Court?Those two problems will be examined and analyzed by studying judicial review towards Law Number 38 Year 2008 on Ratification of ASEAN Charter. Keyword s : Treaty, Ratification