Legal aspects of diplomatic and consular services and its implementation by Indonesian government. Legal aspects of diplomatic and consular services of Indonesia. Pelanggaran dalam Kasus Diplomat Amerika Serikat dan Kolombia by sarra_ainun in Types > School Work and hukum diplomatik dan konsuler.
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The agents of the receiving State may not enter them, except with the consent of the head of the mission.
A person may be declared non grata or not acceptable before arriving in the territory of the receiving state 2. I myself have a horror of all addictive drugs. The functions of a member of a consular post shall come to an end, inter alia: When it has become necessary to detain an honorary consular officer, the proceedings against him shall be instituted with the minimum of delay.
Keiley, calon duta besar Amerika Serikat untuk Italia, di mana ia ditolak karena memprotes aneksasi Italia atas Papal State. In that event, the said offices shall not, for the purposes of the present Convention, be considered to form part of the consular premises. The waiver shall in all cases be express, except as provided in paragraph 3 of this article, and shall be communicated to the receiving State in writing.
They are also entitled to decline to give evidence as expert witnesses with regard to the law of the sending State. They shall accord to consular couriers who have been granted a visa, if a visa was necessary, and to consular bags in transit, the same inviolability and protection as the receiving State is bound to accord under the present Convention.
Consular officers and consular employees shall not be amenable to the jurisdiction of the judicial or administrative authorities of the receiving State in respect of acts performed in the exercise of consular functions. They also have a duty not to interfere in the internal affairs of the State. The Siege of the Estonian Embassy in Moscow: But in this fight we all must wage against this terrifying menace, I am convinced that I am right. It was, I am told, an almost unprecedented action.
In the cases mentioned in paragraphs 1 and 3 of this article, the receiving State is not obliged to give to the sending State reasons for its decision. Ascertaining dan reporting 5.
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Log In Sign Up. Subject to the provisions of paragraph 2 of this article, the receiving State is oonsuler a special duty to take all appropriate steps to protect the consular premises against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment hukuum its dignity. Except in the case specified konsulet paragraph 1 of this article, consular officers shall not be committed to prison or be liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.
The agent of the receiving state may not enter them, except with the consent of the head of the mission. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position konxuler, except when he is under arrest or detention, in a manner which will hamper the exercise of consular functions as little as possible.
In circumstances similar to those specified in paragraph 1 of this article, third States shall not hinder the transit through their territory of other members of the consular post or of members of their families forming part of their households.
Anggota misi tidak boleh ditunjuk dari orang-orang memiliki kewarganegaraan negara penerima kecuali mendapat persetujuan dari negara penerima yang dapat ditarik sewaktu-waktu 3. The exemption from taxation referred to this article shall not apply to such dues and taxes payable under the law of the receiving state by persons contracting with the sending state or the head of the mission.
Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority. They are also exercised by diplomatic missions in accordance with the provisions of the present Convention. Click here to sign up. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that any other member of the consular staff is not acceptable.
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The sending State may waive, with regard to a member of the consular post, any of the privileges and immunities provided for in articles 41, 43 and Saat diajukan ke pengadilan ia menolak karena ini merupakan pelanggaran terhadap hukum kebiasaan dan perjanjian siplomatik.
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Consular premises shall be inviolable to the extent provided in this 1. The sending state and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such represent payment for specific services rendered.
Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings. When, in the circumstances mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.
In the exercise of consular functions a diplomatic mission may address: He shall not be liable to any form of arrest or detention. Negara ketiga tidak boleh menghalangi hak lintas dari pejabat diplomatik dan keluarganya 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.
In that event, the sending State shall, as the case may be, either recall the person concerned or terminate his functions with the consular post. The waiver of immunity from jurisdiction for the purposes of civil or administrative proceedings shall not be deemed to imply the waiver of immunity from the measures of execution resulting from the judicial decision; in respect of such measures, a separate waiver shall be necessary.
Inviolability of the premises 2. The same shall apply in the case of any member of his family forming part of his household enjoying such privileges and immunities who are accompanying the consular officer or travelling separately to join him or to return to the sending State. The receiving state is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.
Skip to main content. The consent of the head of the consular post may, however, be assumed in case of fire or other disaster requiring prompt protective action. Protokol Tambahan tentang Perolehan Kewarganegaraan 2. Third States shall accord to official correspondence and to other official communications in transit, including messages in code or cipher, the same freedom and protection as the receiving State is bound to accord under the present Convention.
A person appointed as a member of a consular post may be declared unacceptable before arriving in the territory of the receiving State or, if already in the receiving State, before entering on his duties with the consular post. A State which refused to grant an exequatur is not obliged to give to the sending State reasons for such refusal. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner which will hamper the exercise of consular functions as little as possible.
The names of members of a diplomatic mission assigned to the consular section or otherwise charged with the exercise of the consular functions of the mission shall be notified to the Ministry for Foreign Affairs of the receiving State or to the authority designated by that Ministry.
Diplomat tidak boleh menjadi target untuk penangkapan atau penahanan 2. Immunity from Jurisdiction 1. The consent given to the establishment of diplomatic relations between two States implies, unless otherwise stated, consent to the establishment of consular relations. The premises of the mission shall be inviolable.