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TREATY PRACTICES OF INDONESIA

1. Definition of "treaty"

According to Article 1 of Indonesian Law No. 24/2000, a "treaty" is an agreement in a specific form and with a particular name, made in writing between the Government of the Republic of Indonesia and one or more countries or international organizations, which is governed by international law, regardless of whether the agreement is contained in a single instrument or multiple related instruments, and regardless of its specific name.

2. Process and procedures for concluding treaties in Indonesia

Step 1: Initial proposal and consultation

  • A state agency, ministry or provincial administration that needs to conclude an treaty must first consult with the Ministry of Foreign Affairs, in accordance with Article 13 of Law No. 37/1999 on Foreign Relations.
  • The Ministry of Foreign Affairs acts as a coordinating body and ensures that the treaty aligns with the country’s foreign policy.

Step 2: Drafting and negotiation

  • Treaty negotiations are conducted after receiving approval from the Ministry of Foreign Affairs.
  • The signing person must have a "Full Powers" document signed by the President or the Minister of Foreign Affairs, as per Article 14 of Law No. 37/1999.

Step 3: Initial or formal signing

  • A treaty can be signed provisionally or formally, depending on its type.
  • Some treaties may take effect immediately upon signing if they do not require ratification.

Step 4: Submission for ratification and determining the form of ratification

  • According to Article 11 of the 1945 Constitution and Articles 10-11 of Law No. 24/2000, treaties are divided into two groups:
    • Treaties that must be ratified by an enactment act or a Presidential Decree include those that have a direct impact on the lives of the people (such as those concerning political affairs, national defense, security, and environmental issues).
    • Treaties that are primarily technical or for the implementation of a previous treaty in fields such as culture, education, tourism, environment, health, agriculture, and local cooperation, etc. may enter into force immediately upon signing or through an exchange of notes or other forms agreed upon by the parties.

Step 5: Circulating ratification instruments and deposit of treaty original

  • After a treaty is ratified, the Ministry of Foreign Affairs deposits the ratification instrument with the partner country or international organization.
  • The treaty is then registered and archived in the official database system of the Ministry of Foreign Affairs.

Step 6: Publication and implementation

  • The treaty becomes effective at the time specified in the document.
  • If a treaty requires domestication, the Parliament will enact a specific law according to the legislative process outlined in Law No. 12/2011.

3. Specific exceptions

No provisional application mechanism accepted

  • Indonesia does not recognize or implement the provisional application mechanism for treaties under Article 25 of the 1969 Vienna Convention.
  • The Ministry of Foreign Affairs has repeatedly stated that domestic law does not contain provisions allowing for provisional application.

[source]: 1. https://journal.umy.ac.id/index.php/iclr/article/view/12073/7662 2. https://cil.nus.edu.sg/wp-content/uploads/2012/12/Compilation-State-Indonesia.pdf 3. https://legal.un.org/legislativeseries/pdfs/chapters/book26/english/book26_part1_a20.pdf