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

Oleh:

Dewanto, Wisnu Aryo

Jenis: Article from Journal - ilmiah nasional - terakreditasi DIKTI
Dalam koleksi: Mimbar Hukum vol. 25 no. 02 (Jun. 2013), page 300-312.
Topik: class action lawsuit; ratification; treaty; gugatan class action; ratifikasi; perjanjian internasional.
Fulltext: 437-696-1-SM_Ros.pdf (421.45KB)

Isi artikel

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 11 of the 1945 Indonesian 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.

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