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| Jenis | : |
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| Judul | : |
TIDAK DIGANGGUGUGATNYA GEDUNG PERWAKILAN ASING MENURUT KONVENSI WINA 1961 TENTANG HUBUNGAN DIPLOMATIK (Studi tentang Kasus Penembakan Yvonne Fletcher di Wilayah Kedutaan Besar Libya untuk Inggris pada 1984)
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| Subjek | : |
International law
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| Pengarang | : |
MUHAMMAD RAFI AZIS
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| Pembimbing | : |
Aryuni Yuliantiningsih,
Wismaningsih
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
341.33 AZI t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
In the implementation of diplomatic relations involving diplomatic agents,
sometimes there is an abuse of diplomatic immunity and privileges. In the case
under study, Libyan diplomatic agents carried out a shooting from within the
diplomatic mission premises, resulting in the death of a police officer, namely
Yvonne Fletcher. The UK, as the receiving state, was unable to conduct an
investigation due to the principle of the inviolability of the diplomatic mission
premises.
The objective of this research is to understand the regulation of the
inviolability of foreign mission premises according to the Vienna Convention on
Diplomatic Relations 1961 and to analyze the principle of the inviolability of
foreign mission premises in the case of the shooting of Yvonne Fletcher in 1984 by
the staff of the Libyan diplomatic mission and the responsibility of the Libyan state.
This research employs legislative approach, analytical approach, and case
approach, and uses a descriptive analytical research specification. The data
sources used are secondary data. The data collection method is conducted through
literature review presented with descriptive narrative and employs qualitative
analysis methods.
Based on the research findings, the diplomatic mission premises are granted
immunity and inviolable according to Article 22 paragraph (1) of the Vienna
Convention on Diplomatic Relations 1961. However, diplomatic agents of the
sending state must also respect the laws of the receiving state and are prohibited
from using the mission premises beyond its functions, as stipulated in Article 41
paragraphs (1) and (3). The Libyan diplomatic agents violated Article 41
paragraphs (1) and (3) by carrying out the shooting that resulted in the death of
Yvonne Fletcher. In this incident, the British police were unable to investigate the
Libyan embassy premises because, according to Article 22 paragraph (1), entry
into the embassy premises must be based on permission from the head of the
mission. Due to this incident, the UK decided to sever diplomatic ties with Libya,
declared persona non grata to all Libyan diplomatic agents and staff in the UK,
and initiated an investigation into Fletcher's death at the Libyan diplomatic
mission.
Keywords: diplomatic immunity, inviolability, state responsibility, Libyan
diplomat
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