September 16, 2019
 In 2022-Limits of Diplomatic Immunity

Country: Indonesia
Delegate Name: Claire Williams

Legal Committee
Limits of Diplomatic Immunity
Republic of Indonesia
Claire Williams
Forest Hills Eastern

Diplomatic immunity was formally created in 1961 during the Vienna Convention, which defined the limits and degree to which individuals from foreign governments and international organizations can be sued or prosecuted under the state’s laws and is given to every country. Certain individuals may vary in the degree, for example, ambassadors or high-ranking embassy officials have the highest degree of immunity, including their family members. The officials and their family members are immune from criminal courts, and civil courts. Diplomatic Immunity describes how host states can enforce the limits of diplomatic immunity differently. They can disregard diplomatic immunity to ensure public safety, and they can also request the diplomat to be removed from the host state. Diplomatics is the negotiation between nations and can protect diplomats to a high extent, but they are not immune to prosecution within their home country.

The Republic of Indonesia ratified the Diplomatic Immunity of the Vienna Convention in 1982. Indonesia has had some incidents with foreign delegates in the past as well even with the limits to diplomatic immunity and caused a loss of sovereignty. Before the treaty maintained their international relationships by customary laws. Customary laws were the original laws of Indonesia. Customary laws use the Indonesian people to maintain, grow, and develop legal awareness. Since customary laws are an unwritten source, but since they are unwritten the laws can change and have the ability to adjust. Creating more of a self relent country and putting obvious barriers up to other countries. In the 1945 constitution, customary laws were added and required all states to abide by these rules. Even though the customary laws are based on sovereignty, Indonesia when finally signing the Limits diplomatic immunity was ordered to protect delegates, The Indonesian Supreme Court ordered a Circular Letter that defines how foreigners can enter Indonesia. The Supreme Court allowed disputing of employment relations with the representatives of foreign countries. Indonesia ensures delegates from other countries pay very close attention to applicable legal provisions in Indonesia relating to employment. One example is Indonesia’s legal foundations created Employment Agreements, Internal Regulations, and Termination of Employment in order to minimize disputes between local workers and foreign delegates. Indonesia has always been sovereign from other countries and has not played an active role in limiting diplomatic immunity. Only signing the treaty since it benefits Indonesia in a way that doesn’t create harm to the country and no interferences.

The Republic of Indonesia has not taken any stance on the limits of diplomatic immunity. Indonesia strongly believes in its sovereignty and does not want to address limits of diplomatic immunity nor see Indoniesa making any significant notions. Indonesia is self-reliant and uses diplomatic limits to keep control over Indonesia’s sovereignty and to protect the delegates of Indonesia from afar.

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