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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He shall not be liable to konnsuler 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. 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.
The same shall apply hkuum 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 konsyler him or to return to the sending State. The Siege of the Estonian Embassy in Moscow: 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.
hukum diplomatik dan konsuler pdf
Pemberitahuan dari negara pengirim kepada negara penerima bahwa tugas dan fungsi pejabat diploamtik telah berakhir 2. 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.
Anggota misi tidak boleh ditunjuk dari orang-orang memiliki kewarganegaraan negara penerima kecuali mendapat persetujuan dari negara penerima yang dapat ditarik sewaktu-waktu 3.
Remember me on this computer. 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. 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.
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.
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.
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. Negara ketiga tidak boleh menghalangi hak lintas dari pejabat diplomatik dan keluarganya 3.
Konsuled consular premises shall not be used in any manner incompatible with the exercise of consular functions. The authority requiring the evidence of a consular officer shall avoid interference with the performance of his functions.
Protokol Tambahan tentang Perolehan Kewarganegaraan 2. The provisions of paragraph 1 of this article shall not, however, apply in respect of a civil action either: 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.
If criminal proceedings are instituted against a consular officer, he must appear before the competent authorities. 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. 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 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.
The premises of the mission shall be inviolable. 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.
hukum diplomatik dan konsuler pdf
The 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. 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.
It may, when possible, take such evidence at his residence or at the consular post or accept a statement from him in writing. They also have a duty not to interfere in the internal affairs of that State. 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.
In the event of the severance of consular relations between two States: 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.
The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, diplomarik to the establishment of consular relations.
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.