CRITICAL ANALYSIS OF INDONESIAN CONSTITUTIONAL COURT DECISION ON ASEAN CHARTER: AN INTERNATIONAL LAW PERSPECTIVE

Abstract

In 2011, the Indonesian constitutional court for the first time dealt with a judicial review for promulgation law of a treaty. The court held that it had jurisdiction to review the law, as well as ASEAN Charter as the attachment. The case had drawn controversies from both constitutional law and international law point of view. This thesis will analyze the compatibility of the court’s decision with international law, and the possible legal consequences of the courts authority to review promulgation law of a treaty. The research is a normative legal research. It is found that some ratio decidendi and obitur dictum of the court’s decision are incompatible with international law. As for the possible legal consequences, the government could face a legal dilemma either to comply with international law or the court’s decision if in any case a treaty binding to Indonesia is found to be unconstitutional.