PERBUATAN MELAWAN HUKUM PEJABAT DIPLOMATIK DI NEGARA LAIN BERDASARKAN PRINSIP KEKEBALAN DIPLOMATIK DALAM KONVENSI WINA 1961 TENTANG HUBUNGAN DIPLOMATIK (STUDI KASUS: TINDAKAN PEMUKULAN OLEH DIPLOMAT NIGERIA TERHADAP PETUGAS IMIGRASI INDONESIA)
Daftar Isi:
- The case of the temporary withdrawal of the ambassador began with a video of alleged violence carried out by officers of the South Jakarta Special Class I Immigration Office against a Nigerian diplomat. One of the facts that has happened and has been clarified by the Head of the Regional Office of the Ministry of Law and Human Rights DKI Jakarta, what happened was that the Nigerian diplomat acted arrogantly and beat the Indonesian immigration officer. The identification of the problem in this research is, does the principle of diplomatic immunity apply to diplomats who commit unlawful acts in other countries based on the Vienna Convention on Diplomatic Relations 1961? and What are the steps for resolving the unlawful acts of Nigerian diplomatic officials against Indonesian immigration officers based on the Vienna Convention on Diplomatic Relations 1961? This study uses the Representative Character Theory and diplomatic immunity. This research was conducted using normative juridical research methods and with descriptive analytical research specifications, with secondary data as the data source. The data was collected through library research, then analyzed qualitatively. The results of this research are, firstly in Article 29 of the Vienna Convention 1961 states that a diplomatic agent cannot be detained or arrested by means of the recipient country. Diplomatic agent must respect the laws and regulations of the receiving country as regulated in article 41 (1) of the Vienna Convention 1961. Second, the Governments of Indonesia and Nigeria have resolved the issue. However, Indonesia as a recipient country can declare persona non grata to representatives of Nigerian diplomats if they have been deemed to have violated laws and regulations. The declaration of persona non grata occurred against those who were deemed to have violated the provisions of the Vienna Convention on Diplomatic Relations 1961. Based on articles 9, 32, and 41 paragraph (1) of the Vienna Convention on Diplomatic Relations 1961 and the sending country is obliged to recall and then impose sanctions in accordance with Nigerian state law.