ANALISIS YURIDIS PROSES HUKUM TERHADAP PEJABAT DIPLOMATIK YANG MELAKUKAN PERBUATAN MELAWAN HUKUM DI NEGARA PENERIMA (STUDI KASUS ASUSILA PEJABAT DIPLOMAT MALAYSIA DI WELLINGTON, SELANDIA BARU)
ABSTRACT: Immunity of
diplomatic officials is freedom from arrest or detention. This freedom is a
guarantee for one diplomatic official in conducting its functions. Each
emphasis directly against a diplomat who represented his country could be considered
as aimed directly against the countries they represent, but a diplomatare also
obliged to respect the rules and laws of the recipient country. This study aims
to determine the provisions of Vienna Convention of 1961 that regulates the
immunity and privileges of diplomatic officials and legal processes that must
be followed by a diplomatic official who committed an unlawful act in the
recipient country. This research is a form of literature studies, which are
guided by the development of science of international law, especially in the
diplomatic field. From this research can be seen the advantages of immunity and
inviolability,which is given to diplomatic officials, associated with the
execution of their functions and duties. However, from the advantages it can be
seen the individuals who misuse these immunity. Results from this study would
be refers to the case between New Zealand and Malaysia with the provisions on
the rights of immunity and the privileges of an officials diplomatic for
contained in the 1961 Vienna Convention.The provisions about the waiver of
immunity and the rule of law are stated in Section 32 of the Vienna Convention
1961. Immunity of jurisdiction of diplomatic officials and those who enjoy the
immunity contained in Section 37 of the Vienna Convention 1961 can be removed
by the sending country. Dismantlement ofimmunity the diplomat who violate
depends on the good faith of the sending country in ensuring that the diplomat
will get fair treatment in the country. Because in Vienna Convention 1961 on
Diplomatic Relations does not explain about the standard or a reason to be
abandon immunity of a diplomat who commit violations. Thus, the authors suggest
for more coordination between the government and the police related to the
arrest and detention of diplomatic officials who proved to have committed acts
of crime in the territory of New Zealand, so that all processes that run
against diplomatic officials can be run in accordance with the rules of
international law applicable in New Zealand.
Keywords: Immunities and
Privileges of Diplomatic Officials, Legal Process of Diplomatic officials,
associated with cases immoral
Penulis: Ruth Oktaviana
Kode Jurnal: jphukumdd160465
