The presentation elaborates 2 cases, the first case is about capital punishment for Brazilian who had smuggled narcotics and sentence to death for him which then influences diplomatic relationship between Indonesia and Brazil. Diplomatic relationship is a second case that become the main case then review on the power point

1. Juridiction in Law Enforcement of
Sovereignty Country
Muhammad Tizar Adhiyatma (영산대학교 법과대학 대학원생)

2. International Law Principle
The Principle of
National
Sovereignty
Article 2 Paragraph
4 Charter of The
United Nations
All Members shall
refrain in their
international
relations from the
threat or use of force
against the territorial
integrity or political
independence of any
state, or in any other
manner inconsistent
with the Purposes of
the United Nations.
Par In Parem Non
Habet Imperium
Equality of
Sovereignty
PrincipleArticle 1 Para 2 UN
Charter:
To develop friendly
relations among nations
based on respect for the
principle of equal rights
and self-determination of
peoples, and to take
other appropriate
measures to strengthen
universal peace;
Article 2 Paragraph 4
Charter of The United
Nations
The Organization is
based on the principle of
the sovereign equality of
all its Members
The Principle of
non-intervenstion
Art. 2 Para 7 UN Charter
Nothing contained in the
present Charter
shall authorize the
United Nations to
intervene in
matters which are
essentially within the
domestic jurisdiction of
any state or shall require
the Members to submit
such matters to
settlement under the
present Charter

3. Sovereignty
 Jean Bodin, The
main source to
establish the law.
Sovereignty is the
source of authority in
which the highest
level on the
hierarchy of law
(legal hierarchy).

4. The Sovereign Act Doctrine
“Every sovereign State is
bound to respect the
independence of every
sovereign State, and the courts
of one country will not sit in
judgment on the acts of the
government of another done
within its own territory”

5. par in parem non
habet imperium
a country can not exercise
jurisdiction over the trial of the
actions of other countries, unless
the state approves
a court established pursuant to
an international agreement can
not judge the actions of a
country which is not a member
or participant of the treaty.
the courts of a country does not
have the right to question the
validity of the actions of another
nation that is implemented in the
territory of the country
Hans Kelsen

6. Case
execution of death row on
a Brazilian citizen who
had smuggled cocaine as
heavy as 13.4 kg named
Marco Archer Cardoso
Moreira.
Ambassador of the Republic of
Indonesia was scheduled and
invited by the state protocol for
submission of credentials to the
President.
However, on arrival at the palace,
and ahead of the procession would
begin, suddenly President Rousseff
rejected by reason of waiting the
relationship of the two countries
better.
But rejection of Ambassador of Republic of Indonesia which occurred by
the President of Brazil after officially invited.

7. Vienna Convention
Article 29
The person of a diplomatic agent shall
be inviolable. He shall not be liable to
any form of arrest or detention. The
receiving State shall treat him with due
respect and shall take all appropriate
steps to prevent any attack on his
person, freedom or dignity.

8. What the reason ambassador
should be protected his/her
dignity ???
Dignity of ambassador should be protected
because the state’s face attached to the
figure of the ambassador, and it is
institution and symbol of the country

9. However, Infraction of international law by Brazil
could be justified if the act was intended as
retaliation against violation of law by Indonesian. It is
called the countermeasures / reprisal
But ,is it violation of international
law if Indonesia execute drug
smuggler from Brazil?

10.  Firstly, the implementation of the death penalty was
still sanctioned by the Int’l Convenant on Civil and
Political Rights
Part III Art. 6 Para 2
In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in
accordance with the law in force at the time of the commission of the
crime and not contrary to the provisions of the present Covenant and
to the Convention on the Prevention and Punishment of the Crime of
Genocide.
Art. 6 Para 6
Nothing in this article shall be invoked to delay or to prevent the
abolition of capital punishment by any State Party to the present
Covenant.

11. Prof. Philip Alston (New York University,
USA)
“Article 6 of the ICCPR in fact reject the death penalty
but still tolerate the existence of countries that retain
the death penalty, although restricted to a very serious
crime”
The Treatise of Case Hearings No. 2/PUU*-V/2007 and Article No.
3/PUU-V/ 2007 concerning Act No. 22 of 1997 on Narcotics to
Constitutional Law of 1945
*PUU= Pengujian Undang-Undang (in Bahasa), Judicial Review (in English)

12. http://www.portalindonesianews.com/posts/view/1626/tahun_2015_jumlah_pengguna_narkoba_di_indonesi
a_capai_5_juta_orang
1. Estimated at about 53% of the Population aged 30 years
Indonesian drug addicted
2. Approximately 5,1 milion people are predicted drug users in 2015,
In Indonesia
3. Everyday it’s about 50 people died of drug abuse
4. 4,2 milion young people are exposed drugs
http://www.tempo.co/read/news/2014/06/26/173588287/200-Juta-Orang-Meninggal-Akibat-Narkoba-
per-Tahun
5. Badan Narkotika Nasional (National Narcotics Agency)
predicted in 2015 the prevalence of drug users reached 5.1
million people.
6. The number of deaths is estimated at 365.000 people each
year.
http://www.republika.co.id/berita/koran/halaman-1/15/03/15/nl8p1j-ketegasan-dan-keberpihakan-pemimpin
The Reasons of Indonesia Consider The Narcotics Crim
Most Serious Crime

13.  Second, the ICCPR prohibits the execution of the
death penalty that is extra judical, i.e. without judicial
process.
 An action of brazil who refused credentials from
Indonesian ambassador as countermeasure on
execution their citizens is invalid.

14. Constitution of Rep. of Indonesia
 Article 28a
Every person shall have the right to live and to defend his/her life
and existence.
 Article 28i (1)
The rights to life, freedom from torture, freedom of thought and
conscience, freedom of religion, freedom from enslavement,
recognition as a person before the law, and the right not to be
tried under a law with retrospective effect are all human rights
that cannot be limited under any circumstances
 28j (2)
In exercising his/her rights and freedoms, every person shall
have the duty to accept the restrictions established by law for the
sole purposes of guaranteeing the recognition and respect of the
rights and freedoms of others and of satisfying just demands
based upon considerations of morality, religious values, security
and public order in a democratic society.

15. Indonesian Act No. 39 of 1999 about
Human Rights
 Article 9 (1)
“Everyone has the right to life, survival and improve
life.”
Everyone has the right to life, to defend life, and improve the standard of
living. This is even the right to life are also attached to the unborn child or the
person on death row. In the event or condition that is very unusual for the
sake of her mother's life or based on a court decision in the case of the death
penalty, Abortion or the death penalty in the case and or conditions, may still
be allowed. Only in these two cases that the right to life can be limited
explanation of the law is an integral part

16. Indonesian Act. No. 35 of 2009
 Article 113
(1) Any person which is not entitled or against the law to
produce, import, export, or distribute Narcotics Group I shall
be sentenced for imprisonment minimum 5 (five) years and
maximum 15 (fifteen) years and penalty minimum
Rp.1,000,000,000.00 (one billion rupiah)/ 100.000.000 Won
and maximum Rp. 10,000,000,000.00 (ten billion rupiah)/
1.000.000.000 Won
(2) In case of the action to produce, import, export, or distribute
Narcotics Group I as referred to in paragraph (1) thereto in
form of the plant which the weight exceeding 1 (one)
kilogram or exceeding 5 (five) trees or not in form of plant
which the weight exceeding 5 (five) grams, the perpetrator
shall be sentenced to death, or imprisonment for life, or
imprisonment minimum 5 (five) years and maximum 20
(twenty) years and penalty maximum as referred to in
paragraph (1) thereto plus 1/3 (one-third).
Article 1 Point 4
Import shall mean any activity to include Narcotics and
Narcotics Precursor into Customs Area.

17. Juridiction
The capacity of state under international law to
prescribe and enforce a rule of law
3 types
Jurisdiction to
enforce the
norm prescribe
Jurisdiction to
prescribe norm
Jurisdiction to
edjudicate
John O’Brien

18. Conclusion
 Dispite of the narcotics trade is not included as a serious
crime but Indonesia considered it as one of the crimes
that need extra handling as an extra ordinary crime
 Brazil reaction against rejection credentials of Indonesian
ambassador potential to intervene sovereignty of
Indonesia that should not be conducted because
Indonesia not violated any international law
 Action Brazil denial credentials as ambassador to
Indonesia is not a good thing/bad faith because it has
tarnished the honor of ambassadors who should be
protected by the state
 Indonesia is a sovereign state has s sovereignty that
should be respected,including Brazil, the legal process in
Indonesia

19.  https://www.youtube.com/watch?v=nNoKaJHsHaQ