IMPLIKASI DAN SIGNIFIKANSI UNDANG-UNDANG KERJASAMA LUAR NEGERI DI DAERAH ISTIMEWA YOGYAKARTA DALAM MELAKUKAN HUBUNGAN KERJASAMA DENGAN NGO
| Main Authors: | , Jackson Maruli Tua, , Ririn Tri Nurhayati, SIP., M.Si., MA. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/90415/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=51883 |
Daftar Isi:
- The development of international relations phenomena that occur now in its new aspects, in which International Relations is happening in Indonesia is not only a review of the state, but also examines the role of non-state actors within the scope of global politics. The role of non-state actors are increasingly dominant indicates that non-state actors hold an important role. Trend of increased intensity and extent of this relationship, both bilaterally, regionally and globally are the result of increasing communication and information technologies that have an impact on the acceleration of the globalization of the world community. Logical consequence of globalization is the emergence of interdependence between countries to make contacts and cooperation in order to create prosperity and security together in a relationship of equal partnership, harmony and mutual respect for one another. The interdependence between countries and between the problems which resulted in the creation of a world without borders (borderless world) that seems to have formed a global village for the world community. In line with the globalization process, the perpetrators of international relations was also widespread, not only xiv surrounding state (state actors), but has expanded to non-State actors (non-state actors) such as international organizations, NGOs, multinational corporations (MNCs), media, local, minority groups, even individuals. The development of relations between these countries, also had an impact on the increase and intensity of international policymaking by the Government of Indonesia and other countries and with international organizations or other international legal subjects. In order to anticipate, accommodate the pattern of foreign relations are growing these days, in addition to aligning the flow as well as global and national interests in every level of interst, Indonesia issued Law no. 37/1999 concerning foreign relations. Foreign Relations Law provides justification that the government was no longer the sole implementing agency's foreign relations. Article 1, paragraph 1 states that: "Foreign relations is all activities pertaining to regional and international aspects ynag done by the government at central and local level, or its institutions, state institutions, business entities, political organizations, community organizations, nongovernmental organizations , or a citizen of Indonesia. "On the other side of Law No. 22/99 and Law on Regional Autonomy no.32/1999 Especially on Foreign relations, article 88 (1) states that the area can make mutually beneficial cooperation with institutions / agencies outside country, governed by a joint decision, unless the concerned government authority in the field (1) Foreign Policy, (2) Defense and Security, (3) Justice, (4) Monetary and Fiscal, (5) Religion, and authority of in other fields . This is also strengthened by the emergence of Law. 24 of 2000 on international agreements that reinforce the above, especially in Article 5, paragraph 1 states that state agencies and government institutions, whether departmental or nondepartment at the central and local levels that are planning to make a treaty prior consultation and coordinationabout plan with the minister . With the application of Law no. 24 this in the end it was obvious that this law provides benefits for current local government to cooperate with foreign parties. Local governments make international cooperation relationship began when the resources owned by a very limited area and to meet their needs should make cooperation with other regions and enter into agreements with foreign (overseas). In addition, the cooperation between Indonesia Cities with Cities for Foreign Affairs is also motivated by the real condition of the need for inter-regional cooperation and cooperation with other agencies that are based on considerations of efficiency and effectiveness of public services, synergy and mutual benefit , Which is governed by a joint decision (Article 195, Law no. 32 of 2004). Generally the relationship sister city cooperation between cities or state / province by the local government is based only on written evidence through a Memorandum of Understanding (MOU) or Memorandum of Understanding. Where xv this MOU represents and includes an agreement made by 2 (two) parties concerned. Therefore, an MOU is made between 2 (two) sides will bind both parties. Both sides in such a way must comply with all the provisions as stated in the clauses contained in the MOU. Further benefits of cooperation with overseas based on the MOU at least be perceived by either party, when his execution was stalled or MOU with the term "paper tiger MOU" means the agreement dead can be resurrected and traced by law in order to live again. Looking at the various forms of cooperation among local governments with foreign parties which exist in Indonesia today, the writer is interested to further study the implications of the law No. 24 of 2000 in local governments in cooperation with foreign countries. The researchers raised the case of the intertwined relationship between the IOM (International Organization for Migration) and the Government of DIY. IOM as one of the NGOs who have worked together with the government of Indonesia where the focus of their work is the forced migration issues relating to rehabilitation assistance to victims after the earthquake, expressed its commitment to continue to provide support in the handling of disaster victims in Yogyakarta on the reconstruction phase through the Agency for Disaster Management National (Bakortanas) with ditandatanginnya MoU between IOM with the Regional Government of DIY. In this regard, it is important to observe the Law on Regional Autonomy, especially on the regional authority in carrying out mutually beneficial cooperation with institutions / agencies abroad. Regardless of the debate about the discrepancy between the law of foreign relations and regional autonomy, especially in terms of local authority had intercourse with foreign parties, or the debate about foreign relations and foreign policy, the Act can be construed that the role of the region - the region will increase and significant in determining the form of cooperation with foreign institutions. Can DIY perform coordinator duties and control the vast become reflections and thoughts that challenge can be an interesting discussion. This research focus concentrates on the implications of the existence of Law No. 24 of 2000 on foreign relations which formerly only done by the central government, but now the Government could have done that. The forms of cooperation that exists between the government of DIY with foreign parties after the issuance of Law No. 24 of 2000 and the significance of Act No. 24 of 2000 for Local Government in conducting foreign relations especially cooperation with IOM.