Pengaturan Pengunduran Diri Anggota Negara ASEAN
(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
Corresponding Author
Abstract
Introduction: ASEAN in general is one of the international organizations in the Southeast Asian region whose initial goal was to form a peace zone in the Southeast Asian region.
Purposes of the Research: Analyze and discuss arrangements regarding the resignation of member countries from ASEAN membership.
Methods of the Research: The research method used in this research is normative law which is sourced from primary, secondary, tertiary legal materials, which data collection is carried out through literature studies.
Results of the Research: Based on the results of this study, it is revealed that the resignation of ASEAN member countries cannot be carried out. It is clear that the Vienna Convention on the Law of Treaties 1969 stipulates that if there is no regulation regarding withdrawal from an international treaty, then the resignation cannot be carried out. However, if a country is difficult to withdraw from ASEAN or other international organizations, it can be said that the member country concerned continues to violate its obligations as a member. Therefore, it would be better to put forward the principles of the ASEAN Way as a norm for peaceful dispute resolution and emphasize deliberation and consensusKeywords
DOI
10.47268/tatohi.v1i2.549
Published
2021-05-12
How To Cite
@article{TATOHI549, author = {Andi Sanduan and Efie Baadilla and Dyah Daties}, title = {Pengaturan Pengunduran Diri Anggota Negara ASEAN}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {1}, number = {2}, year = {2021}, keywords = {Arrangements; Resignation; ASEAN Member Countries}, abstract = {Introduction: ASEAN in general is one of the international organizations in the Southeast Asian region whose initial goal was to form a peace zone in the Southeast Asian region.Purposes of the Research: Analyze and discuss arrangements regarding the resignation of member countries from ASEAN membership.Methods of the Research: The research method used in this research is normative law which is sourced from primary, secondary, tertiary legal materials, which data collection is carried out through literature studies.Results of the Research: Based on the results of this study, it is revealed that the resignation of ASEAN member countries cannot be carried out. It is clear that the Vienna Convention on the Law of Treaties 1969 stipulates that if there is no regulation regarding withdrawal from an international treaty, then the resignation cannot be carried out. However, if a country is difficult to withdraw from ASEAN or other international organizations, it can be said that the member country concerned continues to violate its obligations as a member. Therefore, it would be better to put forward the principles of the ASEAN Way as a norm for peaceful dispute resolution and emphasize deliberation and consensus}, issn = {2775-619X}, pages = {69--77} doi = {10.47268/tatohi.v1i2.549}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/549} }
Aust, Anthony. Modern Treaty Law and Practice. Cambridge: Cambridge University Press, 2018. https://doi.org/10.1017/CBO9781139152341.
Direktorat Jendral Kerja sama ASEAN. ASEAN Selayang Pandang. Jakarta: Kementrian Luar Negeri Republik Indonesia, 2010. https://pustaka.pu.go.id/biblio/asean-selayang-pandang-edisi-ke-19/56JL2.
Farida, Elfia. “Efektivitas Piagam ASEAN (ASEAN Charter) Bagi ASEAN Sebagai Organisasi Internasional.” Qistie: Jurnal Ilmu Hukum 3, no. 3 (2009): 1–14. https://doi.org/10.31942/jqi.v3i3.577.
Hall, Stephen. Principles of International Law. New York: LexisNexis Butterworths, 2011.
Marzuki, Peter Mahmud. Penelitian Hukum,. Jakarta: Kencana, 2007. https://doi.org/340.072.
Schwelb, Egon. “Withdrawal from the United Nations: The Indonesian Intermezzo.” American Journal of International Law 61, no. 3 (1967): 661–72. https://doi.org/10.2307/2197461.
Sekretariat Nasional ASEAN. The Association OfSoutheast Asian Nations. Jakarta: Departemen Luar Negeri, 1975.
Tyagi, Yogesh. “The Denunciationof Human Rights Treaties.” British Yearbook of International Law 79, no. 1 (2008): 86–193. https://doi.org/10.1093/bybil/79.1.86
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Copyright (c) 2021 Andi Jailani Sanduan, Efie Baadilla, Dyah Ridhul Airin Daties
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