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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Enter the email address you da up with and we’ll email you a reset link. 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 ean Convention.
The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State.
Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect konsuleer acts performed in the exercise of consular functions. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings.
The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
Help Center Find new research papers in: They also have a duty not to interfere in the internal affairs of that State. In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. Remember me on this computer. The head of a consular post is admitted to the exercise of his functions by an authorization from the receiving State termed an exequatur, whatever the form of this authorization.
It was, I am told, an almost unprecedented action. The severance of diplomatic relations shall not ipso facto involve the severance of consular relations. 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.
The consular premises shall not be used in any manner incompatible with the exercise of consular functions. If a consular officer should decline to do so, no coercive measure or penalty may be applied to him. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State.
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 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.
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 of the sending State. Anggota misi tidak boleh ditunjuk dari orang-orang memiliki kewarganegaraan negara penerima kecuali mendapat persetujuan dari negara penerima yang dapat ditarik sewaktu-waktu 3.
hukum diplomatik dan konsuler pdf
Anggota misi secara prinsip harus warganegara negara pengirim 2. 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 names of members hikum 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 waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary. In the exercise of consular functions a diplomatic mission may address: Immunity from Jurisdiction 1.
The authority requiring the djplomatik of a consular officer shall avoid interference with the performance of his functions. In the event of the severance of ran relations between two States: The functions of a member of a consular post shall come to an end, inter alia: Pemberitahuan dari negara pengirim kepada negara penerima bahwa tugas dan fungsi pejabat diploamtik telah berakhir 2.
Pada saat ia diterima disetujui sebagai Dubes di negara penerima 2. Liability to give evidence 1. 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.
HUKUM DIPLOMATIK DAN KONSULER by wismoyo tri on Prezi
The provisions of the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission. When, in the circumstances mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of diplomaik. The agent of the receiving state may not enter them, except with the consent of the head of the mission.
Saat diajukan ke pengadilan ia menolak karena ini merupakan pelanggaran terhadap hukum kebiasaan dan perjanjian internasional. In the cases mentioned in paragraphs 1 and 3 of this article, the receiving State is not obliged to give to the sending State reasons for its decision.
Huum initiation of proceedings by a consular officer 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.
They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. The 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.
A person may be declared non grata or not acceptable before arriving in the territory of the receiving state 2. He shall not be liable to any form of arrest or detention.
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 receiving state is under a special duty to take hikum appropriate steps to protect hu,um 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. Diplomat tidak boleh menjadi target untuk penangkapan atau penahanan 2. Click here to sign up.