Legal aspects of diplomatic and consular services and its implementation by Indonesian government. Legal aspects of diplomatic and consular services of Indonesia. Pelanggaran dalam Kasus Diplomat Amerika Serikat dan Kolombia by sarra_ainun in Types > School Work and hukum diplomatik dan konsuler.
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Log In Sign Up. The initiation of proceedings by a consular konuler or a consular employee in a matter where he might enjoy immunity from jurisdiction under article 43 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim.
Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. The establishment of consular relations between States takes place by mutual consent.
Enter konusler email address you signed up with and we’ll email you a reset link. The agents of the receiving State may not enter them, except with the consent of the head of the mission. The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in articles 41, 43 and A person may be declared non grata or not acceptable before arriving in the territory of the receiving state 2.
Dalam hal kematian pejabat diplomatik, keluarga akan tetap menikmati hak kekebalan dan keistimewaan 4. A consular employee or a member of the service staff shall not, except in the cases mentioned in paragraph 3 of this article, decline to give evidence.
The consular premises, their furnishings, the property of the consular post and its means of transport shall be immune from any form of requisition for purposes of national defence or public utility.
It destroys human beings … I feel I am acting to protect my people and also the people of Britain and indeed of the whole world. Anggota misi tidak boleh ditunjuk dari orang-orang memiliki kewarganegaraan negara penerima kecuali mendapat persetujuan dari negara penerima yang dapat ditarik sewaktu-waktu 3.
They also have a duty not to interfere in the internal affairs of that State. Except in the case specified in paragraph 1 of this article, consular officers shall not be committed to prison or be liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.
hukum diplomatik dan konsuler pdf
The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. Remember me on this computer. The Siege of the Estonian Embassy in Moscow: A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post.
It may, when possible, take such evidence at his residence or at huukm consular post or accept a statement from him in writing. The authorities of the receiving State shall not enter that part of the consular premises which is used exclusively for the purpose of the work of the consular post except with the consent of the head of the consular post or of his designee or of the head of the diplomatic mission diplomtaik the sending State.
Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner which will hamper the exercise of consular functions as little as possible.
The functions of a member of a consular post shall come to an end, inter alia: A State which refused to grant an exequatur is not obliged to give to the sending State reasons for such refusal. The exemption from taxation referred to this article shall not apply to such dues and taxes payable under the law of the receiving state by persons contracting with the sending state or the head of the mission.
Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention.
If expropriation is necessary for such purposes, all possible steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid to the sending State. Saat diajukan ke pengadilan ia menolak karena ini merupakan pelanggaran terhadap hukum kebiasaan dan perjanjian internasional.
If a consular officer passes through or is in the territory of a third State, which has granted him a visa if a visa was necessary, while proceeding to take up or return to his post or when returning to the sending State, the third State shall accord to him all immunities provided for by the other articles of the present Convention as may be required to ensure his transit or return. Diplomat tidak boleh menjadi target untuk penangkapan atau penahanan 2. It was, I am told, an almost unprecedented action.
The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.
The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions. Click here to sign up.
The agent of the receiving state may not enter them, except with the consent of the head of the mission. In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households.
The provisions of paragraph 1 of this article shall not, however, apply in respect of a civil action either: The provisions of paragraph 2 of this article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post.
Should the latter be himself the object of any such measure, the receiving State shall notify the sending State through the diplomatic channel.
Anggota misi secara prinsip harus warganegara negara pengirim 2.
If a consular officer should decline to do so, no coercive measure or penalty may be applied to him. In kpnsuler event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations.
Konsuled sending state and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such represent payment for specific services rendered. He shall not be liable to any form of arrest or detention. Help Center Find new research papers in: I di;lomatik have a horror of all addictive drugs.
They are also koneuler to decline to give evidence as expert witnesses with regard to the law of the sending State. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this article shall continue to be governed by the rules of international law concerning diplomatic relations.
When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay. In the event of the temporary or permanent closure of a consular post, the provisions of subparagraph a of paragraph 1 of this article shall apply.
The receiving state is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
hukum diplomatik dan konsuler pdf
In the exercise of consular functions a diplomatic mission may address: Skip to main content. In oonsuler such case, the sending State shall withdraw his appointment.
Inviolability of the premises 2. But in this fight we all must wage against this terrifying menace, I am convinced that I am right.