Simplifying the ratification process of international treaties in the Indonesian legal system: Fast-track legislation as an efficient option

Abstract

 The study provides conceptual ideas about the role of the House of Representatives in approving the ratification of international treaties and analyzes how the concept of applying fast-track legislation to the ratification of international treaties works. The research is conducted as normative juridical by using statutory, conceptual, and comparative approaches. The findings indicate that the House of Representatives is excluded from the negotiation process of international agreements delivered by the State’s delegates, making it vulnerable to having agreements overturned by the House of Representatives when they do not approve them. The processes of forming inter-ministerial and/or inter-non-ministerial committees, holding meetings of these committees, harmonizing, finalizing, and solidifying concepts are unavailing in drafting laws to ratify international treaties, as the government has already finalized the substance of the international treaty during the negotiation. This study is expected to serve as reference material and part of the consideration for stakeholders to develop better regulations regarding the international ratification law-making process in the national legal system. This research is expected to be useful in terms of the practice of international treaty formation in Indonesia and to simplify the process.