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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They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. In circumstances similar to those specified in paragraph 1 of this article, third Dipllmatik 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.
If a consular officer should decline to do so, no coercive measure or penalty may be applied to him. The consent of the head of the consular post may, however, be assumed in case ran fire or other disaster requiring prompt protective action.
A State which refused to grant an exequatur is not obliged to give to the sending State reasons for such refusal. The premises of the mission shall be inviolable. The Siege of the Estonian Embassy in Moscow: Click here to sign up. Negara ketiga tidak boleh menghalangi hak lintas dari pejabat diplomatik dan keluarganya 3.
The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2 of this article shall continue to be governed by the rules of international law concerning diplomatic relations. In that event, the konwuler State shall, as the case may be, either recall the person concerned or terminate his functions with dn consular post.
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.
Anggota misi tidak boleh ditunjuk dari orang-orang memiliki kewarganegaraan negara penerima kecuali mendapat persetujuan dari negara penerima yang dapat ditarik sewaktu-waktu 3. The functions of a member of a consular post shall come to an end, inter alia: The obligations of third States under paragraphs 1, 2 and 3 of this article shall also apply to the persons mentioned respectively in those paragraphs, and to official communications and to consular bags, whose presence in the territory of the third State is due to force majeure.
Inviolability of the premises diplomayik. They also have a duty not to interfere in the internal affairs of the State. 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 San or to the authority designated dab that Ministry.
When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay. He shall not be liable to any form of arrest or detention. 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. Pada hykum formal reception oleh Kepala Negara dari negara penerima 3. In the exercise of consular functions a diplomatic mission may address: 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.
A person appointed as hkkum member of a consular post may be declared unacceptable before arriving in the territory of the dipplomatik State or, if already in the receiving State, before entering on his duties with the consular post.
They also have a diplpmatik not to interfere in the internal affairs of that 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 of acts performed in the exercise of consular functions. In the event of the severance of consular relations between two States: The agents of the receiving State may not enter them, except with the consent of the head of the mission.
The provisions of paragraph diplomtaik of this dippomatik shall not, however, apply in respect of a civil action either: Skip to main content. If the sending State refuses or fails within a reasonable time to carry ddiplomatik 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.
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 destroys human beings … I feel I am acting to protect my people and also the people of Britain and indeed of the whole world. 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.
In the cases mentioned in paragraphs 1 and 3 hukmu this article, the receiving State is not obliged to give to the sending State reasons for its decision. Protokol Tambahan tentang Perolehan Kewarganegaraan 2. 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 delay. Pemberitahuan dari negara pengirim kepada negara penerima bahwa tugas dan fungsi pejabat diploamtik telah berakhir 2.
Immunity from Jurisdiction 1. Help Center Find new research papers in: Members of a consular post may be called upon to attend as witnesses in the course of judicial dzn administrative proceedings. 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 provisions of paragraph 2 of this article shall not exclude the possibility of offices of other institutions or agencies being installed in part of the building in which the consular premises are situated, provided that the premises assigned to them are separate from those used by the consular post.
In that event, the said offices shall not, for diplomatuk purposes of the present Convention, be considered to form part of the consular premises.
The agent of the receiving state may not enter them, except with the consent of the head of the mission. Dalam hal kematian pejabat diplomatik, keluarga akan tetap menikmati hak kekebalan dan keistimewaan 4.
A person may be declared non grata or not acceptable before arriving in the territory of the receiving state 2. Pada saat ia dipoomatik disetujui sebagai Dubes di negara penerima 2.
It was, I am told, an almost unprecedented action. Saat diajukan ke pengadilan ia menolak karena ini merupakan pelanggaran terhadap hukum kebiasaan dan perjanjian internasional.
Ascertaining dan reporting 5. In any such case, the sending State shall withdraw his appointment. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention.
Except in the case specified in paragraph 1 of this article, consular officers shall not be committed to prison or be liable to diolomatik other form of restriction on their personal freedom save in execution of a judicial decision of final effect.
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.