Hikmahanto Juwana - Perjanjian Internasional JSLG

Perancangan Perjanjian
Internasional
(Treaty Drafting)
Hikmahanto Juwana
Guru Besar Hukum Internasional,FHUI
SH (UI), LL.M (Keio University, Jepang), Ph.D
(University of Nottingham, Inggris)
Copyright by Hikmahanto Juwana 2009(c) 1

Apa saja Bagian dari Perjanjian
Internasional?
 Perjanjian Internasional dapat dibagi menjadi 3 bagian
utama yaitu:
 Bagian Pendahuluan
 Bagian Isi
 Bagian Penutup

Bagian Pendahuluan
 Sub Bagian Pembuka

 Memuat judul dari perjanjian internasional dan kapan dibuat
 Sub Bagian Penjelasan

 Menjelaskan mengapa perjanjian internasional dibuat

Contoh Sub Bagian Pembuka
 LOAN AGREEMENT
AGREEMENT, dated October 11, 2005, between

REPUBLIC OF INDONESIA (the Borrower) and
INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT (the Bank).

 United Nations Convention against Corruption
Preamble
The States Parties to this Convention,

 CHARTER OF THE ASSOCIATION OF
SOUTHEAST ASIAN NATIONS
PREAMBLE

Contoh Sub Bagian Penjelasan
 WE, THE PEOPLES of the Member States of the Association of

Southeast Asian Nations (ASEAN), as represented by the Heads of State or
Government of Brunei Darussalam, the Kingdom of Cambodia, the
Republic of Indonesia, the Lao People’s Democratic Republic, Malaysia,
the Union of Myanmar, the Republic of the Philippines, the Republic of
Singapore, the Kingdom of Thailand and the Socialist Republic of Viet
Nam:
NOTING with satisfaction the significant achievements and expansion

of ASEAN since its establishment in Bangkok through the promulgation of
The ASEAN Declaration;
RECALLING the decisions to establish an ASEAN Charter in the

Vientiane Action Programme, the Kuala Lumpur Declaration on the
Establishment of the ASEAN Charter and the Cebu Declaration on the
Blueprint of the ASEAN Charter

 DESIRING to make more effective the cooperation of the
two countries in the repression of crime and specifically, to
regulate and thereby promote the relations between them
in matters of extradition, HAVE AGREED AS FOLLOWS

 The States Parties to this Treaty,
Inspired by the great prospects opening up before mankind

as a result of man’s entry into outer space,
Recognizing the common interest of all mankind in the

progress of the exploration and use of outer space for
peaceful purposes,
Believing that the exploration and use of outer space

should be carried on for the benefit of

Bagian Isi
 Bagian Isi dalam Perjanjian Internasional dapat

dikelompokkan menjadi 4 katagori:
 Klausula Definisi
 Klausula Tujuan dan Asas
 Klausula Operasional
 Klausula ‘Hukum’

Contoh Klasula Definisi
 ARTICLE 1: DEFINITIONS
For the purposes of this Agreement :
1. "CEPT" means the Common Effective Preferential Tariff, and

it is an agreed effective tariff, preferential to ASEAN, to be
applied to goods originating from ASEAN Member States, and
which have been identified for inclusion in the CEPT Scheme in
accordance with Articles 2 (5) and 3.
2. "Non-Tariff Barriers" mean measures other than tariffs which

effectively prohibit or restrict import or export of products
within Member States.

 Article I
For the purposes of this Convention:
(a) The term “damage” means loss of life, personal injury or other impairment of health; or
loss of or damage to property of States or of persons, natural or juridical, or property of
international intergovernmental organizations;
(b) The term “launching” includes attempted launching;
(c) The term “launching State” means:
(i) A State which launches or procures the launching of a space object;
(ii) A State from whose territory or facility a space object is launched;
(d) The term “space object” includes component parts of a space object as well as its
launch vehicle and parts thereof.

Klausula Tujuan dan Asas
 The Purposes of ASEAN are:
1. To maintain and enhance peace, security and stability

and further strengthen peace-oriented values in the region;
2. To enhance regional resilience by promoting greater

political, security, economic and socio-cultural
cooperation;

 ARTICLE 2
PRINCIPLES
1. In pursuit of the Purposes stated in Article 1, ASEAN and its

Member States reaffirm and adhere to the fundamental principles
contained in the declarations, agreements, conventions, concords,
treaties and other instruments of ASEAN.
2. ASEAN and its Member States shall act in accordance with the
following Principles:
(a) respect for the independence, sovereignty, equality, territorial

integrity and national identity of all ASEAN Member States;

 Article 1
The Purposes of the United Nations are:
1. To maintain international peace and security, and to that end:

to take effective collective measures for the prevention and
removal of threats to the peace, and for the suppression of acts
of aggression or other breaches of the peace, and to bring about
by peaceful means, and in conformity with the principles of
justice and international law, adjustment or settlement of
international disputes or situations which might lead to a breach
of the peace;

 Article 2
The Organization and its Members, in pursuit of the Purposes

stated in Article 1, shall act in accordance with the following
Principles.
1. The Organization is based on the principle of the sovereign

equality of all its Members.
2. All Members, in order to ensure to all of them the rights and

benefits resulting from membership, shall fulfill in good faith
the obligations assumed by them in accordance with the present
Charter.

 Article 1
Statement of purpose
The purposes of this Convention are:
(a) To promote and strengthen measures to prevent and combat

corruption more efficiently and effectively;
(b) To promote, facilitate and support international cooperation

and technical assistance in the prevention of and fight against
corruption, including in asset recovery;

Klausula Operasional
 Article 5
Preventive anti-corruption policies and practices
1. Each State Party shall, in accordance with the fundamental

principles of its legal system, develop and implement or
maintain effective, coordinated anticorruption policies that
promote the participation of society and reflect the principles of
the rule of law, proper management of public affairs and public
property, integrity, transparency and accountability.
2. Each State Party shall endeavour to establish and promote

effective practices aimed at the prevention of corruption.

 Article 7
1. There are established as the principal organs of the United Nations:
a General Assembly
a Security Council
an Economic and Social Council
a Trusteeship Council
an International Court of Justice
and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in accordance with
the present Charter.

 ARTICLE 3
LEGAL PERSONALITY OF ASEAN
ASEAN, as an inter-governmental organisation, is hereby

conferred legal personality.

 Article 1
Each Contracting Party which receives information or discovers that

the personnel of a spacecraft have suffered accident or are
experiencing conditions of distress or have made an emergency or
unintended landing in territory under its jurisdiction or on the high
seas or in any other place not under the jurisdiction of any
State shall immediately:
(a) Notify the launching authority or, if it cannot identify and

immediately communicate with the launching authority,
immediately make a public announcement by all appropriate means
of communication at its disposal;

 ARTICLE II
The Loan
Section 2.01. The Bank agrees to lend to the Borrower, on the terms and
conditions set forth or referred to in this Agreement, an amount equal to
fourteen million five hundred thousand Dollars ($14,500,000).
Section 2.02. The amount of the Loan may be withdrawn from the Loan
Account in accordance with the provisions of Schedule 1 to the
Development Credit Agreement for expenditures made (or, if the Bank shall
so agree, to be made) in respect of the reasonable cost of goods, works and
services required for the Project described in Schedule 2 to the Development
Credit Agreement and to be financed out of the proceeds of the Loan and in
respect of the fee referred to in Section 2.04 of this Agreement.

Klausula “ Hukum” (General
Provisions)
 ARTICLE 47
SIGNATURE, RATIFICATION, DEPOSITORY AND

ENTRY INTO FORCE
1. This Charter shall be signed by all ASEAN Member

States.
2. This Charter shall be subject to ratification by all

ASEAN Member States in accordance with their
respective internal procedures.

 Article 67
Signature, ratification, acceptance, approval and accession
1. This Convention shall be open to all States for signature from

9 to 11 December 2003 in Merida, Mexico, and thereafter at
United Nations Headquarters in New York until 9 December
2005.
2. This Convention shall also be open for signature by regional

economic integration organizations provided that at least one
member State of such organization has signed this Convention in
accordance with paragraph 1 of this article.

3. This Convention is subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval
shall be deposited with the Secretary-General of the United
Nations. A regional economic integration organization may
deposit its instrument of ratification, acceptance or approval if at
least one of its member States has done likewise. In that
instrument of ratification, acceptance or approval, such
organization shall declare the extent of its competence with
respect to the matters governed by this Convention. Such
organization shall also inform the depositary of any relevant
modification in the extent of its competence.

 Article IX
Any State Party to this Convention may propose

amendments to the Convention.
Amendments shall enter into force for each State Party to

the Convention accepting the amendments upon their
acceptance by a majority of the States Parties to the
Convention and thereafter for each remaining State Party
to the Convention on the date of acceptance by it.

 Article 49
1. The present Covenant shall enter into force three months after
the date of the deposit with the Secretary-General of the United
Nations of the thirty-fifth instrument of ratification or instrument
of accession.
2. For each State ratifying the present Covenant or acceding to it

after the deposit of the thirty-fifth instrument of ratification or
instrument of accession, the present Covenant shall enter into
force three months after the date of the deposit of its own
instrument of ratification or instrument of accession.

 Article 21 Entry into Force and Termination
1. This Treaty shall enter into force thirty days after the
date on which the Contracting States have notified each
other in writing that their respective requirements for the
entry into force of this Treaty have been complied with.
2. Either Contracting State may terminate this Treaty by

notice in writing at any time and it shall cease to be in
force on the one hundred and eightieth day after the day
on which notice is given.

 Article 71
Depositary and languages
1. The Secretary-General of the United Nations is

designated depositary of this Convention.
2. The original of this Convention, of which the Arabic,

Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-
General of the United Nations.

Bagian Penutup
 IN WITNESS WHEREOF, the undersigned, being duly

authorized to sign by their respective Governments, have
signed the ASEAN Framework Agreement on the
Facilitation of Goods in Transit.

 IN WITNESS WHEREOF, the undersigned
plenipotentiaries, being duly authorized thereto by their
respective Governments, have signed this Convention.

 IN FAITH WHEREOF the representatives of the
Governments of the United Nations have signed the
present Charter.
DONE at the city of San Francisco the twenty-sixth day of

June, one thousand nine hundred and forty-five.

Hikmahanto Juwana - Perjanjian Internasional JSLG

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Hikmahanto Juwana - Perjanjian Internasional JSLG

Uploaded by

Copyright:

Available Formats

Perancangan Perjanjian

Copyright by Hikmahanto Juwana 2009(c) 1

Copyright by Hikmahanto Juwana 2009(c) 2

 Sub Bagian Pembuka

 Sub Bagian Penjelasan

Copyright by Hikmahanto Juwana 2009(c) 3

AGREEMENT, dated October 11, 2005, between

Copyright by Hikmahanto Juwana 2009(c) 4

The States Parties to this Convention,

Copyright by Hikmahanto Juwana 2009(c) 5

Copyright by Hikmahanto Juwana 2009(c) 6

 WE, THE PEOPLES of the Member States of the Association of

NOTING with satisfaction the significant achievements and expansion

RECALLING the decisions to establish an ASEAN Charter in the

Copyright by Hikmahanto Juwana 2009(c) 7

Copyright by Hikmahanto Juwana 2009(c) 8

Inspired by the great prospects opening up before mankind

Recognizing the common interest of all mankind in the

Believing that the exploration and use of outer space

Copyright by Hikmahanto Juwana 2009(c) 9

 Bagian Isi dalam Perjanjian Internasional dapat

Copyright by Hikmahanto Juwana 2009(c) 10

For the purposes of this Agreement :

1. "CEPT" means the Common Effective Preferential Tariff, and

2. "Non-Tariff Barriers" mean measures other than tariffs which

Copyright by Hikmahanto Juwana 2009(c) 11

For the purposes of this Convention:

(b) The term “launching” includes attempted launching;

(c) The term “launching State” means:

(i) A State which launches or procures the launching of a space object;

(ii) A State from whose territory or facility a space object is launched;

Copyright by Hikmahanto Juwana 2009(c) 12

 The Purposes of ASEAN are:

1. To maintain and enhance peace, security and stability

2. To enhance regional resilience by promoting greater

Copyright by Hikmahanto Juwana 2009(c) 13

1. In pursuit of the Purposes stated in Article 1, ASEAN and its

(a) respect for the independence, sovereignty, equality, territorial

Copyright by Hikmahanto Juwana 2009(c) 14

The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end:

Copyright by Hikmahanto Juwana 2009(c) 15

The Organization and its Members, in pursuit of the Purposes

1. The Organization is based on the principle of the sovereign

2. All Members, in order to ensure to all of them the rights and

Copyright by Hikmahanto Juwana 2009(c) 16

The purposes of this Convention are:

(a) To promote and strengthen measures to prevent and combat

(b) To promote, facilitate and support international cooperation

Copyright by Hikmahanto Juwana 2009(c) 17

Preventive anti-corruption policies and practices

1. Each State Party shall, in accordance with the fundamental

2. Each State Party shall endeavour to establish and promote

Copyright by Hikmahanto Juwana 2009(c) 18

1. There are established as the principal organs of the United Nations:

an Economic and Social Council

an International Court of Justice

Copyright by Hikmahanto Juwana 2009(c) 19

LEGAL PERSONALITY OF ASEAN

ASEAN, as an inter-governmental organisation, is hereby

Copyright by Hikmahanto Juwana 2009(c) 20

Each Contracting Party which receives information or discovers that

State shall immediately: