Indonesia

INDONESIA-POLITICS  BER492

New parliament members attend the swearing in ceremony of the new Indonesian President Joko Widodo in Jakarta. Photo: AFP

RATIFICATION, IMPLEMENTATION AND COOPERATION TOOLKIT

The Ratification, Implementation and Cooperation Toolkit for Indonesia will be implemented between February 2015 and December 2015. It will be freely available in Indonesian and English.

As a Non-State Party to the ICC, Indonesia included ratification of the ICC Statute as part of its national human rights action plan between 2004 – 2014. In 2009, the Ministry for Law and Human Rights initiated the process to ratify the Rome Statute.

Under national laws governing international treaty accession, a collaborative process of exploration, negotiation and drafting, acceptance and signature must be undertaken by the House of Representatives in order for Indonesia to become party to an international treaty. This process is overseen by the Ministry of Foreign Affairs, which issues opinions on the legal and policy considerations of treaty accession in accordance with national interest, foreign policy, and existing treaty implementation procedures.  During the drafting and negotiation phase a draft law must be prepared, along with a guideline paper, which must establish the background of the matter, along with analysis of the political, legal and other aspects which may affect the national interest and the position of the Republic of Indonesia on the matter, including recommendations and possible adjustments. Similarly, where new ordinary laws are proposed, which may encompass the subject matter of the ICC Statute, a draft bill must be proposed along with a document of guidelines or principles. Under the current process, the approval of all government ministries as well as the House of Representatives must be received before ratification or implementation can take place.

The Ratification, Implementation and Cooperation Toolkit for Indonesia (RIC Toolkit) will contribute towards national efforts to ratify the ICC Statute and to implement its obligations into national law. It will do this by providing national legislators, State institutions, independent institutions, NGOs and academics with publications and services that address legal issues concerning ratification and implementation of the ICC Statute.

Consultation

To ensure the relevance of the RIC Toolkit, the country activities in Indonesia will include a nation-wide consultation process with government institutions, academics, NGOs and individuals. Within this process, the needs and requirements of national actors will be identified and feedback on the outcomes will be sought. At the conclusion of the consultation process, the Indonesia project team will identify legal dimensions of ratification and implementation that the ICJ Toolkits Project is best placed to address.

Publications

As a consequence of the consultation process, several research-driven publications will be prepared, to provide sustainable information and knowledge on key legal issues central to the ratification and implementation of the ICC Statute.

Services: Capacity Building Partnerships

Several Capacity Development Partnerships will take place with national actors engaged in Indonesia’s ratification and implementation process. This aims to provide participants with legal research methods to address formal and practical ratification and implementation issues, with indicative sessions including research methodologies, sources of law and specific thematic legal obstacles to ratification.

Indonesia Team

Olympia Bekou

Emilie Hunter

Léa Rambaud

Ilia Utmelidze


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