HUKUM INTERNASIONAL SEBAGAI SISTEM HUKUM: ANALISIS HAKIKAT, KELEMAHAN, DAN PRAKTIK PENERAPANNYA DI BERBAGAI NEGARA

Abstract

International law is a set of norms and principles that govern relations between subjects of international law, primarily states and international organizations. This article aims to analyze three important aspects in the study of international law: the nature of international law as a legal system, its weaknesses, and the practice of its application in several countries. This research uses a normative juridical approach by examining various literature, expert doctrines, and the practice of applying international law in national legal systems. The results of the study indicate that international law is essentially real law and not merely positive morality. Although it lacks legislative institutions and strong coercive mechanisms like those in national legal systems, as criticized by Austin, international law still fulfills the basic elements of a legal system: the existence of governing norms, the existence of the international community as a legal subject, and the existence of enforcement mechanisms through various forms of sanctions and international pressure. However, international law also has a number of weaknesses, particularly in the aspect of law enforcement and the clarity of norms, which often give rise to differences in interpretation. In practice, the application of international law shows variation in various countries, such as the United Kingdom, the United States, and Indonesia, each of which has its own mechanism for adopting and implementing international law into its national legal system.

Keywords: International law, the nature of international law, weaknesses of international law, international legal practice, international law and national law