ANALISIS HUKUM INTERNASIONAL: TEORI KEBERLAKUAN, RELASI DENGAN HUKUM NASIONAL, DAN KEDUDUKANNYA DALAM SISTEM HUKUM INDONESIA

Abstrak

International law is a set of norms and principles that govern the relations between subjects of international law, primarily states and international organizations. This article aims to analyze three main aspects in the study of international law: the theory of the applicability of international law, the relationship between international law and national law, and the position of international law in the Indonesian legal system. This research uses a normative juridical approach by examining various literature, doctrines, and relevant laws and regulations. The results of the study indicate that the applicability of international law is explained through several theories, including natural law theory, the theory of the will of the state, and the objectivist theory that emphasizes the need for order in the international community. In relation to national law, two main approaches are recognized: monism and dualism. The monist approach views international law and national law as a unified legal system, while dualism considers them to be separate legal systems that require a transformation process to be applied in national law. In Indonesia, the application of international law is generally carried out through the process of ratification or ratification of international treaties into national legislation. Thus, the position of international law in the Indonesian legal system depends on the ratification mechanism, so that it has binding legal force after being adopted into national law. This article is expected to provide a conceptual understanding of the position and application of international law in the context of the Indonesian legal system.

Keywords:    International law, theory of the applicability of international law, the relationship between international law and national law