Anggraeni, Ricca (2022) BREAKING THE DEADLOCK FORMALITY OF THE INTERNATIONAL CONVENTION BECOME LAW. In: International Conference Proceeding ICISPE Universitas Diponegoro 22 EMBRACING GLOBAL TRANSFORMATION: COLLABORATIVE INNOVATIONS TROUGH SOCIAL AND POLITICAL RESEARCH 7-8 SEPT 2022. ICISPE Fisip Undip, Semarang. ISBN ISSN 2593-7650 (Submitted)

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Abstract

The formation of laws so far in Indonesian system has only relied on the formal legality of the types
of laws. Referring to the theory of Kelsen and Nawiasky, the formation of laws is based on the legal norms
above it. Then, it is normatively through Article 7 of Law about the Establishment of Legislation and its
amendments. It is clear, that in the formation of Indonesian laws, it is based on Pancasila. However, in the era
of disruption 4.0, when the world is increasingly borderless, the formation of law cannot only be confined to
the legal formalities of the country itself. Global provisions cannot be ignored, so that the laws of a country
can adapt in association without boundaries. For this study, when Indonesia ratifies international conventions
or international treaties, the convention only becomes an attachment to a law on ratification. The interesting
question is, is it enough for an international convention that contains materially important provisions at a global
level to just be an annex? This problem is solved through a doctrinal approach, so, for this progress,
international convention that has been ratified is not enough to just be an attachment to a law on ratification.
Keywords: ratification, International Convention, formality, international law, national law.

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