MENU
|
|
|
| Jenis | : |
KKM
|
| Judul | : |
ANALISIS PENAFSIRAN PASAL 31 KONVENSI WINA 1961 TENTANG
KEGIATAN KOMERSIAL OLEH AGEN DIPLOMAT (Studi Putusan Supreme Court of United Kingdom No. 2020/0155)
|
| Subjek | : |
International law
|
| Pengarang | : |
YUNIKA RESTI AMALIA
|
| Pembimbing | : |
Noer Indriati,
Aryuni Yuliantiningsih
|
| Prodi | : |
ILMU HUKUM
|
| Tahun | : |
2024
|
| Call Number | : |
341.1 AMA a
|
| Perpustakaan | : |
Fakultas Hukum
|
| Letak | : |
1 eksemplar di Koleksi Referensi
|
|
Abstrak :
Diplomatic immunity is a principle of international law that provides legal
protection to diplomats with the aim of maintaining the integrity of diplomatic
relations between countries. This diplomatic immunity is regulated in the 1961
Vienna Convention, however there is an exception to immunity from the civil,
criminal and administrative jurisdiction jurisdiction of the receiving country which is
regulated in Article 31 of the 1961 Vienna Convention. The exception in Article 31
paragraph (1) Letter (c) concerns an action related to professional activities or
commercial activities carried out by diplomatic agents in the receiving country
outside official functions. The enslavement carried out by Saudi Arabian diplomats
against their domestic servants was an act that violated the provisions of Article 31
paragraph (1) letter (c) of the 1961 Vienna Convention.
The aim of this research is to determine the United Kingdom Supreme
Court judge's interpretation of Article 31 paragraph (1) letter (c) of the 1961 Vienna
Convention concerning commercial activities and to analyze the United Kingdom
Supreme Court's decision regarding acts of slavery by Saudi Arabian diplomats in
United Kingdom in 2022. This research using a normative juridical research type
with a conceptual approach method and using secondary data with data collection
based on literature studies presented in the form of narrative text with qualitative
analysis methods.
Based on the results of this research show that Khalid Basfar, who is a
Saudi Arabian diplomatic agent, carried out acts of exploitation against Josephine
Wong, a housemaid who worked for Khalid Basfar. The judges considered that based
on an extensive interpretation of the meaning of commercial activity in Article 31
paragraph (1) letter (c), employing domestic servants is not a commercial activity
but rather an act of exploitation that violated the provisions of that article. The
United Kingdom Supreme Court judges gave decision that Khalid Basfar did not
have immunity from the civil jurisdiction of the United Kingdom courts due to his
acts of modern slavery.
Keywords: diplomatic immunity, commercial activities, extensive interpretation
|
Kembali
|
