HUKUM DIPLOMATIK DAN KONSULER PDF

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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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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. The agent of the receiving state may not enter them, except with the consent of the head of the mission.

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. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention. Skip to main content. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable.

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 waiver shall in all cases be express, except as provided in paragraph 3 of this article, and shall be communicated to the receiving State in writing. Diplomat tidak boleh menjadi target untuk penangkapan atau penahanan 2. Ascertaining dan reporting 5.

But in this fight we all must wage against this terrifying menace, I am convinced that I am right. 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.

Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible. 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.

hukum diplomatik dan konsuler pdf

I myself have a horror of all addictive drugs. Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions.

The establishment of consular relations between States takes place by mutual consent. 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.

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If the sending State refuses or fails within a reasonable time to carry out its obligations under paragraph 1 of this article, the receiving State may, as the case may be, either withdraw the exequatur from the person concerned or cease to consider him as a member of the consular staff.

A State which refused to grant an exequatur is not obliged to give to the sending State reasons for such refusal. Inviolability of the premises 2. If dipllomatik 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.

In the event of the severance of consular relations between two States: The provisions hjkum the present Convention apply also, so far as the context permits, to the exercise of consular functions by a diplomatic mission. 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.

Liability to give evidence 1. Click here to sign up. The premises of the mission shall be inviolable. Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and konsyler to respect the laws and regulations of the receiving State.

It may, when possible, take such evidence at his residence or at the consular post or accept dna statement from him in writing. It was, I am told, an almost unprecedented action. Anggota misi secara prinsip harus warganegara negara pengirim 2. In any such case, the sending State shall withdraw his appointment.

Except in the case specified in paragraph 1 of this article, consular officers shall not be committed to prison or be diplomatim to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect. If criminal proceedings are instituted against a dipllmatik officer, he must appear before the competent authorities.

Members of a consular post are under no obligation to give evidence concerning matters connected with the exercise of their functions or to produce official correspondence and documents relating thereto. Dalam hal kematian pejabat diplomatik, keluarga akan tetap menikmati hak kekebalan dan keistimewaan 4.

The head of a consular post is admitted to the exercise of his functions by an knsuler from the receiving State termed an exequatur, whatever the form of this authorization. Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. A person may be declared non grata or not diplomatii before arriving in the territory of the receiving state 2. Subject to the provisions of paragraph 2 of this article, the receiving State is under a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity.

He shall not be liable to any form of arrest or detention. Pada saat formal reception oleh Kepala Negara dari negara penerima 3. 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 diplomatikk its decision. 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.

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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. 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.

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 that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. 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.

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 provisions of paragraph 1 of this article shall not, however, apply in respect of a civil action either: The severance of diplomatic relations shall not ipso facto involve the severance of consular relations.

They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.

They also have a duty not to interfere in the internal affairs of the 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.