Hukum Indonesia Tentang Kekuasaan Mengikatkan Negara Kepada Perjanjian Internasional dan Perjanjian Perdagangan Internasional

Abstract

Indonesia is bound or is negotiating to bind itself into international treaties on international
trade, it is essential to examine whether laws and legislation on the powers to bind country
to international treaties including international trade agreements have been established on
the basis of the principle of popular sovereignty. In other words, do the law and legislation
allocate sufficient power to the people’s representative body to control the government’s
actions in binding the state to international treaties and international trade agreements. This
paper aims to answer that question. It is done by exposing and analyzing how national law
places international law in its legal system; how national law regulates the involvement of the
representative body of the people in deciding whether or not to be bound by international
treaties and international trade agreements and procedures to be followed. Exposures
and reviews are laid in the principle that government action should be controlled by the
representative institutions of the people and the judiciary in certain respects in accordance
with its function.