Study Tasks:

Countries have the ability to enter into international agreements. In general, the making
of an international agreement is divided into 5 stages, namely the stage of scoping, negotiating
the formulation of the text, acceptance, and signing. Regarding the formation and ratification of
international treaties, Indonesia has regulated it in Law Number 24 of 2000 concerning
International Agreements (UU 24/2000). In Indonesia, negotiations on international agreements
will be carried out by an Indonesian delegation led by the minister of foreign affairs or other
officials in accordance with the subject matter of the agreement and the scope of their respective
powers. After the text is agreed upon, the international agreement will be signed for later
ratification by the Indonesian government. internationally, The 1969 Vienna Convention on the
Law of Treaties between States (VCLT) has previously regulated the formation of international
treaties and there are various differences between the VCLT and Law 24/2000. One of them, in
Law 24/2000, officials who do not need a power of attorney to represent the Indonesian
government in the process of making and ratifying international agreements are the president and
ministers. Meanwhile, the scope of officials who can represent the country without a power of
attorney based on the VCLT only includes heads of state, heads of government, and ministers of
foreign affairs. Another difference is that Law 24/2000 does not regulate the applicability of
international treaties to non-state parties. Meanwhile, the VCLT stipulates that international
agreements can apply to non-state parties if certain conditions are met.
Instructions:
Answer the questions below along with an explanation
1. How is an international treaty formed based on Law 24/2000?
International treaties can bind countries by means of a statement of state approval to bind
themselves to international agreements (consent to be bound). This can be done in several
ways, the most commonly used are signing, acceptance, approval, accession, ratification, or
depending on the provisions and agreements in the international treaty. After the consent to
be bound, a country is bound to carry out all the rights and obligations contained in an
international agreement.1
One of the important stages in the process of making international agreements is the
ratification process. The issue of ratification is not only a matter of international treaty law
but is also an issue in the field of constitutional law. The practice of ratification in Indonesia
to date is somewhat uncertain. In the 1945 Constitution of the Republic of Indonesia, not
only is there no division of treaties into which groups require and do not require
parliamentary approval, but the word ratification itself is not found, let alone the distinction
between approval or ratification of international treaties.2
1
Umi Chalsum Fareza, Hendrik B. Sompotan, Revy SM Korah. 2021. Ratification of International Agreements After
the Decision of the Constitutional Court Number 13/Puu-Xvi/2018 Against Law Number 24 of 2000 concerning
International Agreements.
2
Mochtar Kusumaatmadja and Etty R. Agoes. 2013. Introduction to International Law. PT. Alumni, Bandung, p.130