QUO VADIS PEMBATALAN UNDANG-UNDANG RATIFIKASI PERJANJIAN INTERNASIONAL LAW MAKING TREATY OLEH MAHKAMAH KONSTITUSI

Abstract

The Constitutional Court of Repubic of Indonesia as the guardian of the constitution has the power to commit constitutional review if there is a law against the constitution. The treaty which derives from customary law will become law making treaty if it is ratified by states. Until now there are several treaties ratified by Indonesia. In this matter, the Constitutional Court has authority to review it even though Indonesia does not officialy declare the objection against the norm of customary law.