KAJIAN YURIDIS MEMORANDUM OF UNDERSTANDING HELSINKI ANTARA PEMERINTAH REPUBLIK INDONESIA DAN GERAKAN ACEH MERDEKA MENURUT KONVENSI WINA 1969

Abstract

ABSTRACT

Memorandum of Understanding between the government of Indonesia and GAM is a peace agreement signed on 15 August 2005 in Helsinki, Finland. The 1969 Vienna Convention provides that a treaty is an agreement made between the State. GAM as a subject related to the existence of the MoU remains unclear legal status. The 1969 Vienna Convention  does not specify the form or specific name of a treaty, international agreement binding on the parties based on the material and deal. MoU indicates the existence of self-government to the form government of Aceh, Aceh is part of the Indonesia. The objective  of research are, (1) How does Juridical Studies MoU between the GoI and the GAM in accordance with the Vienna Convention in 1969?.(2) How does MoU Helsinki in 2005 affect to existence of the Indonesia?. This type of research is normative law with secondary data sources consisting of primary legal materials, legal materials secondary and tertiary legal materials were analyzed qualitatively.  The results of research showed that, (1) The Agreement MoU Helsinki between the Indonesian government and GAM are made based on the setting of the 1969 Vienna Convention  on International Agreements. GAM is the belligerent one of subject in international law. (2) Implementation of the MoU Helsinki shows the specificities of the region of Aceh, as has been recognized by the constitution Indonesia. Specificity is influenced by the MoU in Aceh communities the right to establish Local Party, Aceh has the right to have the flag and symbol, has particularly Aceh government wider powers of the legislature and the executive. It only shows the specificity and privileges of Aceh in the Indonesia.

Keywords: The Vienna Convention, The International Treaty, The MoU