ANALISIS YURIDIS TANGGUNG JAWAB NEGARA PENERIMA TERHADAP DIPLOMAT DALAM MENJALANKAN TUGAS MENURUT KONVENSI WINA 1961 (STUDI KASUS ZETRO LEONARDO PURBA)

Abstract

ABSTRACT

Diplomatic relations according to the 1961 Vienna Convention are the main means for countries to establish and maintain international relations based on the principles of sovereignty, equality, and reciprocity. The state is responsible for demanding clarification and accountability from the receiving state for the death of its diplomats such as the case of Zetro Leonardo Purba. Problem formulation: (1) What is the responsibility of the receiving state towards diplomats who carry out their duties according to the 1961 Vienna Convention? (2) What is the impact on the receiving state that fails to protect a diplomat? The normative juridical research method with the data sources used are secondary data consisting of primary, secondary and tertiary legal materials. Research results: 1) the receiving state has a legal obligation to guarantee the safety, honor, and freedom of diplomats, as stated in Article 29, 22, 26 and 25 of the 1961 Vienna Convention. 2) The impact of the failure of the receiving state to provide such protection can be categorized as a violation of inherent international obligations, which has the potential to give rise to state responsibility and impact diplomatic relations between countries. This study confirms that there is still a gap between international legal norms and their implementation in the field, so that a stronger commitment from the receiving country and an active role from the sending country are needed in ensuring that diplomatic protection runs effectively.