PELANGGARAN HAK DIPLOMATIK TERHADAP PEJABAT DIPLOMATIK MENURUT KONVENSI WINA 1961 (STUDI KASUS PENYERAHAN PAKSA KANTONG DIPLOMATIK RUSIA OLEH PETUGAS BEA CUKAI DI BANDARA DOHA)

  • Oka Fratiwi. S Alumni Prodi Ilmu Hukum UMRAH
  • Dewi Haryanti Dosen Prodi Ilmu Hukum UMRAH
  • H.Hendra Arjuna Dosen Prodi Ilmu Hukum UMRAH
Keywords: 1961 Vienna convention, diplomatic representative, and violation of immunity rights

Abstract

The 1961 Vienna convention declared that such rights as rights and immunity were given to ensure the efficiency of their duties and responsibilities.  Article 29 of the Vienna convention 1961 states that diplomatic officials must not be cons allowed, not to be arrested and arrested. In practice, there has been a case of diplomatic pouch violation that occurred to the diplomatic representatives in the Russian ambassador who were beaten by customs personnel in November 2011. The Russian ambassador to Qatar, serving in several Arab countries, was beaten by customs officers at Doha airport. In the event of this incident, officials asked the Russian envoy and his companion to hand over a diplomatic pouch, which, according to international law, were not to be handed over.  Actions of the Arab government contain elements of action or negligence that can be delegated to it by international law, As for what has been done as a violation of an international obligation, both the obligation born of a national relations agreement and the source of other international laws and the breaking of the laws committed by the Arab government has brought harm to Russian diplomatic representatives.  Based on what has been explained, the Russian government has the right to hold the Arab government to stop the violation of its diplomatic representatives and the Russian government immediately condemns the incident and then cuts the political dialogue with Qatar. In this case, using diplomatic law theory and powers of authority and immunity theory and using formative research methods which are studies of literature and use secondary data against convention rules and international law theory.

Published
2020-11-30