Format Perjanjian

Internasional
Format Perjanjian Internasional setidaknya dapat
dibagi menjadi 3 bagian penting:
Mukadimah (Pendahuluan/Narratio)
Pasal-pasal yagn bersifat subtantif (Isi/Dispositos)
Klausula Akhir (Penutup/Corroboratio)
 Mukadimah
(Pendahuluan/Narratio)
Dalam Mukadimah suatu perjanjian Internasional
dicantumkan :
Judul dan Nama-nama dan jabatan dari para pihak
Ringkasan mengenai maksud dan tujuan dari perjanjian
Dasar pembuatan perjanjian
Satu paragraf yang menyatakan kesepakatan para pihak
terhadap pasal-pasal yang tersebut di bawahnya ( Have
agreed as follows…, Do hereby agree as follows…,
Solemnly agree to enter into…, atau Have agreed to
establish…)
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
 Pasal-pasal yagn bersifat subtantif
(Isi/Dispositos)

Substansi dari perjanjian internasional mencakup:

Definisi atau pengertian tentang istilah-istilah yang
memerlukan pengertian lebih lanjut secara pasti
Klausula Tujuan dan asas dari perjanjian
Ketentuan yang bersifat umum dan ketentuan yang
bersifat lebih khusus
Ketentuan yang diperlukan memuat tentang tata cara
dan pelaksanaan dari ketentuan yang bersifat umum.
 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 Akhir (Penutup/Corroboratio)

Masalah-masalah yang terkait dengan penerapan

perjanjian, baik dari faktor tempat (ratione loci) maupn
waktu (ratione temporis)
Pasal mengenai penanda tanganan
Ratifikasi dan aksesi serta tempat untuk menyampaikan
instrumen-instrumen
Keberlakuan perjanjian bagi negara-negara peserta
Ketentuan mengenai reservasi atas pasal-pasal tertentu
Ketentuan mengenai testimonium
 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.