1. law, govt and politics

JURNAL OPINIO JURIS
Vol. 17  Januari – April 2015
REVIEW BUKU
: Treaties Under Indonesian Law: A Comparative
Judul
Study
Penulis buku
: Dr. iur. Damos Dumoli Agusman
Penerbit
: PT. Remaja Rosda Karya
Bahasa
: Inggris
Jumlah halaman
: 554 Halaman
Tahun penerbitan
: Oktober 2014
Pembuat resensi
: Dr. Haryo Budi Nugroho
Comprehensive and well structured, those are the two words to
describe the book titled Treaties Under Indonesian Law: A Comparative
Study. The Author, Dr. iur Damos Dumoli Agusman, is not a stranger in
Indonesian international law community. He was once the Director for
Treaties for Economic and Social Cultural Affairs, and currently the
Secretary for the Directorate General for Legal and Treaties Affairs of the
Ministry of Foreign Affairs of Indonesia. This book is based on his
doctoral dissertation at the Goethe University of Frankfurt, where he
obtained the predicate of magna cum laude. Diplomat with a legal
background, the author expresses not only his expertise in the subject
matter but also the reality of the real world practice.
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Vol. 17  Januari – April 2015
From Indonesian legal literature perspective, the book managed to
explain the history of the Indonesian legal approach with regard to
treaties, as well as the practice throughout Indonesian history. It then
successfully concludes by describing the current practice in Indonesia, its
positive and negative side, and carefully framing the main question:
where is the rank of treaties in the Indonesian legislative structure.
Reading this book makes us not to only understand Indonesia treaty law,
but Indonesian legal system context is nicely elaborated to provide a
better understanding of other areas of Indonesian law. The author
explains the struggle that Indonesia is going through since its
independence to construct its own legal system. Generally, the division of
the era in this book, Independence/Old Order, New Order, and
Reformation Era, are generally accepted division of Indonesian history.
Most importantly, it successfully explains the transformation of the
Indonesian’s government structure. Those are important factors in
understanding how Indonesian treats international law, and why such
treatments are given.
Then comes the big topic: the debate between a dualist and monist
approach to international law in domestic legislation. Everyone who
studied law would consider this as a nightmare. This book does not fall in
the complication in answering this question. It explained the two
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JURNAL OPINIO JURIS
Vol. 17  Januari – April 2015
concepts, and carefully discusses theoretical backgrounds of the two
approaches, which serves as foundation in assessing what kind of
approach that is practiced by states.
It further explains the other
theoretical concepts of adoption and transformation, as well as direct and
indirect effects of treaties.
The book then briefly describes the
development of these theories as practiced by States.
The bread and butter of this book actually lays in the comparative study
with four other legal systems, which demonstrate how theories are being
applied. The States that under reviewed are China, South Africa,
Germany, and most importantly the Netherlands, the former colonial
power of Indonesia who gives big influence in Indonesian legal system.
Each of the legal systems are discussed sufficiently, in order to give ideas
where Indonesian stands in regard to its approach to treaties. Though the
selection of the States in the comparative study is generally civil law
system, the discussion of the direct-indirect effects (self executing - non
self executing) approach, in particular in the United States system, gives a
nuance of the common law system.
Unlike the general notion that most countries will inherit the legal system
from their former colonial power, Indonesia did not adopt the entirety of
the Netherlands system but rather struggle to develop its own. This book
is very honest in [revealing the answer of the main question], as there is
not a definite answer with regard to the position of treaties in Indonesian
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Vol. 17  Januari – April 2015
legal system. However, the elaboration in this book helped to understand
the Indonesian approach with regard to treaty, and how it will be treated
in Indonesian system. It covers not only the structural discussion with
regard to treaties in Indonesian legal system, but also the behavior of the
judicial organs.
With the development of international communities, the subject of
relation between international and domestic law are no longer exclusively
the domain of international law subject. With the journey of time, treaties
are more influential to individual activities in one State. Historically, it
started with human rights related treaties; nowadays it developed to
international trade related treaties, whereas more and more individuals
are affected directly with the provisions of international law. This
development should be understood not only to international lawyers, but
all legal practitioners including those who are advising the parliament as
well as the governments. This book will provide the reader with the
necessary information in order to understand the relation between
international law and the Indonesian domestic system.
This book has added an important piece in Indonesian legal literature. On
one side it helps the outside world to understand Indonesian treaty
practice, and on the other hand it opens the eyes of the Indonesian legal
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JURNAL OPINIO JURIS
Vol. 17  Januari – April 2015
community on the struggle of the Indonesian legal system in its approach
with regard to treaties. Such understanding is necessary even since they
are studying law so by the time they graduated they are equipped with
thorough
knowledge
of
the
intertwine
between
domestic
and
international law, because it have to be acknowledge that exclusive
separation between domestic and international law in real practice does
not exist. Therefore, without a doubt, I highly recommend this book for
students, international and domestic legal practitioners, as well as for
those who works for government and the parliament.
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