Final Examination

Raya Pambudhi (017202100083)

DIPLOMATIC LAW
Lecture : Ibnu Hadi

1. What is the difference between international relations and diplomacy?

=> International relations and diplomacy are related concepts, but they have different meanings.
International relations refer to the study of the interactions and relationships between
countries, international organizations, and non-state actors in the international system. It is a
broad and multidisciplinary field that encompasses various aspects of global politics, such as
international security, international political economy, and international law.
Diplomacy, on the other hand, is the practice of conducting negotiations, managing
relations, and resolving disputes between states through peaceful means. It is a specific set of
activities and techniques that involve communication, negotiation, and compromise to achieve
foreign policy objectives. Diplomacy can be bilateral, involving two countries, or multilateral,
involving multiple countries or international organizations.

2. What is diplomatic law?

=> Diplomatic law is a branch of international law that governs the conduct of diplomatic
relations between states. It provides the legal framework for the establishment and operation of
diplomatic missions and the conduct of diplomats, including their privileges and immunities.
Diplomatic law is based on the Vienna Convention on Diplomatic Relations (VCDR),
which was adopted in 1961 and has been ratified by the vast majority of countries in the world.
The Convention sets out the rights and obligations of states and diplomats, including the
inviolability of diplomatic premises, the duty of host states to protect diplomatic missions and
personnel, and the immunity of diplomats from criminal and civil jurisdiction.

3. UU Hubungan Luar Negeri (Law on Foreign Relations) and UU Perjanjian Internasional

(Law on International Treaty) are the laws on international relations of Indonesia
mirroring the essence of Vienna Conventions on Diplomatic Relations, on Consular
Relations, and on the Law of Treaties. Why do we need these National Laws?
=> I can say that National Laws, such as UU Hubungan Luar Negeri and UU Perjanjian
Internasional, are important for ensuring the effective implementation of international law at the
national level. These laws help to operationalize the international legal principles and standards
contained in treaties such as the Vienna Conventions on Diplomatic Relations, on Consular
Relations, and on the Law of Treaties.
By enacting national laws that reflect the essence of these international legal instruments,
countries like Indonesia can establish clear rules and procedures for implementing their
international legal obligations. This can help to ensure that international law is effectively
incorporated into domestic legal systems and that states are held accountable for their
international legal obligations.
If a country does not ratify international legal instruments or does not have national
regulations that mirror their essence, it can create uncertainty and inconsistency in the
implementation of international law at the national level. This can lead to a lack of clarity
regarding the rights and obligations of states and can make it difficult to hold states accountable
for violations of international law.

4. UU No. 6/ 2023 dated 31 March 2023 has been enacted to approve the Government
Regulation to Replace the Law (Perppu) on Job Creation. Explain why this new Law is
important as a part of our diplomacy with foreign countries.
=> UU No. 6/ 2023 dated 31 March 2023 that has been enacted to approve the Government
Regulation to Replace the Law (Perppu) on Job Creation is important in the context of
Indonesia's diplomacy with foreign countries because it aims to promote economic growth,
investment, and job creation.
Some article of the Perppu on Job Creation that is particularly relevant to foreign
investment is undr the Part I of this regulation, which provides for the establishment of a
one-stop service for investment licensing and promotion. This article aims to simplify and
expedite the investment licensing process, which has been a long-standing concern for foreign
investors in Indonesia. By providing a more efficient and transparent investment licensing
process, this provision is expected to attract more foreign investment to Indonesia and improve
the country's economic diplomacy.
Furthermore, the Perppu on Job Creation also includes provisions on labor regulations,
including Part VI on Labor and Employment, article 80 and so on, which relaxes some
restrictions on the use of foreign workers in Indonesia. This provision aims to address concerns
raised by some foreign investors regarding the shortage of skilled labor in Indonesia.

5. How many Articles in the above new Law are related with foreign relations? And what
are they? Please mention the title of each related article (or the subject of each related
article)
=> Here some article I spotted from Perpu No 2 of 2022 relevance with foreign relation:
● Article 2, which aims to promote investment and economic growth by simplifying
business regulations and creating a more favorable investment climate in Indonesia.
● Article 45 and Article 81, which relaxes some restrictions on the use of foreign workers
in Indonesia, which could be seen as promoting a more favorable investment climate for
foreign companies.
● Article 79, which allows foreign investors to hold shares in Indonesian startups and small
and medium-sized enterprises.
 ● Article 104A, which provides for the establishment of a special economic zone that aims
to attract foreign investment and promote economic growth in certain regions of
Indonesia.

6. UU No. 18/ 2017 dated 22 November 2017 on Protection of Indonesian Migrant Workers
is another important Law to protect the interest of Indonesia overseas including its
nationals. Please mention what Articles in the Law specifically related with foreign
relations and the name of each Article.
=> According to the Law No. 18/2017 on Protection of Indonesian Migrant Workers, there are
several articles that relate to foreign relations.
● Article 1 point 5 defines the meaning of “Indonesian migrant workers” as Indonesian
citizens who work abroad.
● Article 1 point 6 defines the meaning of “sending country” as Indonesia or other
countries that send Indonesian migrant workers abroad.
● Article 1 point 7 defines the meaning of “receiving country” as a foreign country where
Indonesian migrant workers work.
● Article 1 point 8 defines the meaning of “placement” as the process of placing Indonesian
migrant workers in a receiving country for work purposes.
● Article 7 of the Law on the Protection of Migrant Workers requires the Indonesian
government to establish cooperation with the governments of receiving countries to
protect the rights and welfare of Indonesian migrant workers.
● Article 8 requires the Indonesian government to provide pre-departure training and
information to Indonesian migrant workers to prepare them for work abroad.
● Article 14 requires the Indonesian government to establish mechanisms to protect the
rights and welfare of Indonesian migrant workers, including providing legal aid and
representation to Indonesian migrant workers who face legal issues in the receiving
country.
● Article 15 requires the Indonesian government to establish a system for monitoring and
reporting on the implementation of the law, including the protection of the rights and
welfare of Indonesian migrant workers abroad

7. UU No. 6/ 2011 dated 5 May 2011 on Immigration is another importat national law
related with our foreign relations. Please mention what Articles in the Law specifically
related with foreign relations and the name of each Article.
=> The UU No. 6/2011 on Immigration is an important law related to Indonesia's foreign
relations, particularly in relation to the management of immigration and the entry and exit of
foreign nationals. Several articles in the law are specifically related to foreign relations. These
include:
 ● Article 2 point 7, which defines the term "border control" as the management of the entry
and exit of people, goods, and vehicles across Indonesia's borders, including the issuance
of visas and other entry permits.
● Article 2 point 9, which defines the term "foreigner" as a person who is not an Indonesian
citizen.
● Article 8, which outlines the conditions and procedures for the entry and exit of
foreigners into and out of Indonesia, including the requirements for visas and other entry
permits.
● Article 67, which allows the government to establish agreements with other countries on
matters related to immigration, such as visa exemptions, mutual recognition of travel
documents, and the transfer of persons for law enforcement purposes.
● Article 71, which requires foreigners to comply with Indonesian laws and regulations
during their stay in Indonesia, and to respect the sovereignty and security of Indonesia.
● Article 89, which requires the government to establish a system for exchanging
information on immigration matters with other countries, including the sharing of data on
wanted persons and suspected criminals.

8. Foreign Minister's Regulation No. 3/ 2019 on Guidance for Regional Government to

Conduct Foreign Relations is another important aspect to conduct relationship with
regions from other countries. Please mention specifically what articles related with Israel
and with Chinese Taipei (Taiwan). Although Indonesia does not recognize these
countries, but what kinds of activities that can be conducted with Israel and with Taiwan?
=> Bab X Hal Khusus (Chapter X Special Provisions) of the Foreign Minister Regulation No. 3
of 2019 pertains to the policy of the Indonesian government towards Israel and Chinese Taipei
(Taiwan). It states that Indonesia does not recognize the sovereignty of Israel and Chinese Taipei,
and does not establish diplomatic relations with them. As such, the regulation outlines guidelines
for Indonesian officials and regional governments in conducting foreign relations that involve
these countries.
The regulation prohibits Indonesian officials and regional governments from participating
in any official activities or events hosted by Israeli or Taiwanese authorities, including visits,
conferences, seminars, or exhibitions. Indonesian officials and regional governments are also
prohibited from extending invitations or hosting visits from Israeli or Taiwanese officials.
Moreover, the regulation states that Indonesian officials and regional governments are not
allowed to sign any agreements or memorandums of understanding with Israeli or Taiwanese
counterparts, and are prohibited from engaging in any form of official cooperation or joint
activities with them. However, the regulation does allow for limited engagement with Israeli and
Taiwanese counterparts in non-official settings, such as cultural, educational, and economic
exchanges.
 9. Indonesia has more than 100 overseas missions in foreign countries in the forms of
embassy, permanent mission, consulate general, and consulate. Please name all the
Indonesian Consulate Generals and all the Indonesian Consulates in the world.
=> Here are some of the Indonesian Consulate Generals and Consulates in the world:1
● Consulate General of Indonesia in Sydney
● Consulate of Indonesia in Darwin
● Consulate of Indonesia in Perth
● Consulate General of Indonesia in Melbourne
● Honorary Consulate of Indonesia in Adelaide
● Consulate General of the Republic of Indonesia in Vancouver
● Consulate General of Indonesia in Toronto
● Consulate General of Indonesia in Cape Town

10. An ambassador is the chief of an embassy and they can come from different background:
diplomat career, politician, businessman, academia, or an expert. Please name one
Indonesian ambassador who is from business background and please quote his/ her CV or
his resume here.
=> Gandi Sulistiyanto Soeherman is an Indonesian diplomat and businessman who currently
serves as the Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia to the
Republic of Korea in Seoul. He spent the first decade of his career in the automotive company
Astra International before joining Sinar Mas in 1992 as the CEO of PT Asuransi Jiwa Eka Life
(now known as Sinar Mas MSIG Life). He received education from the Asia Institute of
Management in Manila, Philippines, and later pursued Advanced Management Program (AMP)
at Harvard Business School in 2011. Sulistiyanto served in various assignments and positions in
Sinar Mas, including as Managing Director, where he led the Sinar Mas Debt Restructuring Task
Force Team in the aftermath of the 1998 Financial Crisis. He officially left his last position as
Managing Director in Sinar Mas to serve the country as the Indonesian Ambassador to South
Korea. In June 2021, Jokowi proposed Sulistiyanto as the sole candidate for non-career
Indonesian Ambassador to South Korea. Sulistiyanto was inaugurated by President Jokowi as the
Ambassador Extraordinary and Plenipotentiary of the Republic of Indonesia to the Republic of
Korea on Wednesday, November 17, 2021, at the State Palace, along with 11 other Indonesian
ambassadors.

1
Embassy WorldWide. “Indonesia - Embassies and Consulates Worldwide,” Accessed 2 May 2023.