TANGGUNG JAWAB NEGARA TERHADAP WARGA NEGARA ASING ATAS ANCAMAN HUKUMAN MATI di NEGARANYA BERDASARKAN HUKUM INTERNASIONAL.
STATE RESPONSIBILITY TO FOREIGN NATIONALS OVER THE DEATH
PENALTY BASED ON INTERNATIONAL LAW
ABSTRACT
DIMAS YUREZA KARTIKO
110110080089
This Globalization Era with the spirit of “borderless” allow interactions
between people across country either directly or indirectly. It is not impossible
that the activity in this globalization era requires physically journey across
countries. Even now there are possibility that foreign citizen (foreigners) who
settled in a country where they aren’t citizens of the country. Of course the
interactions of foreigners in the country may do a various legal action that’s
probably turns out to be a violation of law. This violation become rights also at
once a duty of the country to proceed. In this legal proceedings it is possible
that the country take a death penalty for the foreigners, considering since
1976 to 2010 there are still 58 countries that still impose death penalty in their
law or practice. This led to a conflict for the country, in one side it is their
rights to enforce their national law, but on the other hand they have a
responsibility towards it’s treatment to the foreigners which is regulated by
International Law.
This research was conducted by using the descriptive of the research
methods in order to obtain a comprehensive and systematic overview of the
legal norms, the principles of law, and legal sense contained in the rules of
applicabble law, which may be applied in analyzing these problems and with a
juridicial normative approach to focusing the library study for the data
collected, in the form of secondary material exist, connection with the
problems examined. As well as examining the data, so it is juridically
qualitative descriptive data generating analytical.
From this research it is known that state responsibility to foreign citizen
who faced a death penalty based on International Law shall be based on
regulation of human rights because of it’s nature (rights to life) as a non
derogable rights, so that the spirit of abolishing the death penalty by the
countries in the world should continue to proceed. In case the country still
impose death penalty as their national law it require strict supervision in the
implementation include limitations that outlined in International Law to avoid
misconduct in death penalty’s implementation. In Indonesia case who
protected it’s citizen who faced a death penalty in another country can
increase the effectiveness of it’s involved institutions and make MCN
(Mandatory Consular Notification) with a country especially in which many
Indonesian citizens who lives there.
PENALTY BASED ON INTERNATIONAL LAW
ABSTRACT
DIMAS YUREZA KARTIKO
110110080089
This Globalization Era with the spirit of “borderless” allow interactions
between people across country either directly or indirectly. It is not impossible
that the activity in this globalization era requires physically journey across
countries. Even now there are possibility that foreign citizen (foreigners) who
settled in a country where they aren’t citizens of the country. Of course the
interactions of foreigners in the country may do a various legal action that’s
probably turns out to be a violation of law. This violation become rights also at
once a duty of the country to proceed. In this legal proceedings it is possible
that the country take a death penalty for the foreigners, considering since
1976 to 2010 there are still 58 countries that still impose death penalty in their
law or practice. This led to a conflict for the country, in one side it is their
rights to enforce their national law, but on the other hand they have a
responsibility towards it’s treatment to the foreigners which is regulated by
International Law.
This research was conducted by using the descriptive of the research
methods in order to obtain a comprehensive and systematic overview of the
legal norms, the principles of law, and legal sense contained in the rules of
applicabble law, which may be applied in analyzing these problems and with a
juridicial normative approach to focusing the library study for the data
collected, in the form of secondary material exist, connection with the
problems examined. As well as examining the data, so it is juridically
qualitative descriptive data generating analytical.
From this research it is known that state responsibility to foreign citizen
who faced a death penalty based on International Law shall be based on
regulation of human rights because of it’s nature (rights to life) as a non
derogable rights, so that the spirit of abolishing the death penalty by the
countries in the world should continue to proceed. In case the country still
impose death penalty as their national law it require strict supervision in the
implementation include limitations that outlined in International Law to avoid
misconduct in death penalty’s implementation. In Indonesia case who
protected it’s citizen who faced a death penalty in another country can
increase the effectiveness of it’s involved institutions and make MCN
(Mandatory Consular Notification) with a country especially in which many
Indonesian citizens who lives there.