Class Action Against The Non-Immediacy of Ratification of the 1990 Migrant Workers Convention.

Dewanto, Wisnu Aryo (2013) Class Action Against The Non-Immediacy of Ratification of the 1990 Migrant Workers Convention. Mimbar Hukum : Jurnal Berkala Fakultas Hukum Universitas Gadjah Mada, 25 (2). pp. 300-312. ISSN 0852-100X

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Abstract

Ratification of treaties in Indonesia can be regarded as mere political acts, as ratification itself does not yet rule for its enforcement in Indonesia's jurisdiction. As stipulated in Article 11of the 1945Indonesian Constitution, these ratifications are still subject to consent from the Indonesian House of Representatives (DPR) as they are the appointed institution in Indonesia with treaty-making powers. The act of ratification by the Indonesian Government is regarded as a ratification only in the international sense, where such action would only make the treaty enter into force internationally, but not internally within Indonesia. This paper seeks to analyze the legal implications which signature and ratification of international treaties may hold in the Indonesian government. Such is done by studying the class action lawsuit for Indonesia being signatories the Convention on the Protection of the Rights of All Migrant Workers and Member of Their Families and its failure continue to further ratify the Convention.

Item Type: Article
Uncontrolled Keywords: class action lawsuit, ratification, treaty,
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Eko Setiawan 194014
Date Deposited: 07 Apr 2014 02:10
Last Modified: 07 Apr 2014 02:10
URI: http://repository.ubaya.ac.id/id/eprint/9937

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