STATUS PENGAKUAN (RECOGNITION) TERHADAP PEMERINTAHAN BARU HASIL KUDETA MILITER MENURUT HUKUM INTERNASIONAL (STUDI KASUS KUDETA MILITER MESIR).
RECOGNITION STATUS OF THE NEW GOVERNMENT MILITARY
COUP ACCORDING TO INTERNATIONAL LAW (A CASES STUDY OF
EGYPT MILITARY COUP)
Abstract
The recognition of the new government is not necessary if the
change of government through constitutional means. However, the
problem is if the new government occurred because of the unconstitutional
ways, for example through a coup or revolutionary. Therefore recognition
becomes very important. The new government the results of a military
coup in Egypt recognized by some states but are not recognized by
others. It’s because the unconstitutional change of government that had
overthrown the democratically elected president Mohammed Mursi and the
violence. The difference in the practice of recognition is a problem that
often occurs in international law. This research is intended to examine and
analyze essence of recognition of government and the recognition status
of the new government's military coup in Egypt according to international
law.
The method used is a normative juridical approach. The study was
conducted by examining the doctrines or principles of the science of law.
Researcher used the descriptive analytical research specifications by
describing the existing legislation and related it to the implementation of
legal theory and practice of the object of research and interviews. This
phase of the study was conducted in the effort to find secondary data in
the research literature using primary, secondary, and tertiary legal
materials.
It is assumed from the research that there is no obligation for a
State to recognize or not recognize the government of other countries. The
de facto, the new government coup results in Egypt's has effective control
and supported by the majority of the Egyptian people and the de jure, the
government has no rival and is the only government in Egypt. So the new
government's military coup results should still be recognized as the
legitimate government in Egypt.
v
COUP ACCORDING TO INTERNATIONAL LAW (A CASES STUDY OF
EGYPT MILITARY COUP)
Abstract
The recognition of the new government is not necessary if the
change of government through constitutional means. However, the
problem is if the new government occurred because of the unconstitutional
ways, for example through a coup or revolutionary. Therefore recognition
becomes very important. The new government the results of a military
coup in Egypt recognized by some states but are not recognized by
others. It’s because the unconstitutional change of government that had
overthrown the democratically elected president Mohammed Mursi and the
violence. The difference in the practice of recognition is a problem that
often occurs in international law. This research is intended to examine and
analyze essence of recognition of government and the recognition status
of the new government's military coup in Egypt according to international
law.
The method used is a normative juridical approach. The study was
conducted by examining the doctrines or principles of the science of law.
Researcher used the descriptive analytical research specifications by
describing the existing legislation and related it to the implementation of
legal theory and practice of the object of research and interviews. This
phase of the study was conducted in the effort to find secondary data in
the research literature using primary, secondary, and tertiary legal
materials.
It is assumed from the research that there is no obligation for a
State to recognize or not recognize the government of other countries. The
de facto, the new government coup results in Egypt's has effective control
and supported by the majority of the Egyptian people and the de jure, the
government has no rival and is the only government in Egypt. So the new
government's military coup results should still be recognized as the
legitimate government in Egypt.
v