THE IMPLICATION OF THE UNITED NATIONS SECURITY COUNCIL RESOLUTION 1267 TOWARDS INTERNATIONAL LAW AND INDONESIA

Abstract

The thesis is study about the hierarchy between Resolution 1267 and human rights treaties (Article 12 of International Covenant on Civil and Political Rights and Article 17 of Universal Declaration of Human Rights), Resolution 1267 and Indonesian Constitutional law; and the implication toward Indonesian legal order. These are purposes to analyze and deeply discover the normative hierarchy between Resolution 1267 and human rights treaties, Resolution 1267 and Indonesian Constitutional law; and the implication of Resolution 1267 toward Indonesian legal order. The author is using the methodology of qualitative data to analyze the normative value hierarchy and the recognition of the Security Council resolutions under Indonesian legal order. The normative value of Resolution 1267 is inferior than human rights treaties following the impact of violation the right of fair trial. On the other hand, the normative value of Resolution 1267 also inferior than Indonesian Constitutional law following the government system is rule of law based that uphold the supremacy of law. This reaffirmed under Indonesian statutory law that the Constitution is the highest law. The implication of Resolution 1267 to have domestic legal effect require Indonesia to incorporate the resolution accordingly domestic legal order through statutory law (undang-undang). Therefore, when the two norms, either the same or different legal system, comes into a normative conflict, and thus determining the normative value is a good way to justify which norm should be prioritized.