JEAIL > Volume 14(2); 2021 > Note & Comment
Research Paper
Published online: Nov. 30, 2021
DOI: http://dx.doi.org/10.14330/jeail.2021.14.2.06

Implementation of the United Nations Security Council Resolution under the Indonesian Legal System

Sefriani & Nur Gemilang Mahardhika
Universitas Islam Indonesia
Faculty of Law Universitas Islam Indonesia, Taman Siswa St. No. 158, Yogyakarta, Indonesia, 55151.
Corresponding Author: sefriani@uii.ac.id

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
Today, the question on the legal instruments of international organisations that impose direct sanctions on individuals and legal entities have surfaced, such as the United Nations Security Council (UNSC) Resolutions. States are obliged to implement the UNSC Resolutions but would face difficulties in this course. The UNSC’s coercive approach rubs international security against democratic legitimacy, especially when the Resolutions violate due process of law, principle of legality and human rights. To date, Indonesia’s stance on international law (including UNSC Resolutions) under its legal system remains unclear. This study analyses the implementation of the UNSC Resolutions in Indonesia, which has no uniformity without a UN Act. The case of North Korean vessel, MV Wise Honest, highlights the growing confusion in Indonesia because violation of the UNSC Resolutions has not been governed. Conclusively, Indonesia needs to enact a UN Act to provide legal certainty in the implementation of the UNSC Resolutions.

Keywords : MV Wise Honest, Indonesia, North Korea, Targeted Sanction, UNSC Resolution, UN Act

View the Full Text