Model of Public Participation in the Process of Ratification of International Treaties: The Case of Indonesia

The relation between national and international law in Indonesia has found a concrete form in the ratification process of international treaties. Although ratification has a strong constitutional basis and further elaborated in the Act No 24/2000 on international treaties, it still raises controversies, especially that relates to public participation in this ratification process. In practice, however, publics have no sufficient access for participating in the process of ratification. In the case of judicial review against Law No. 38/2008 on the Ratification of the ASEAN Charter in 2011 provided evidence that public had limited access for taking part in the ratification process, while the content of the ASEAN Charter bound and applied directly to the Indonesian citizens. This paper proposes a model of public participation in the ratification process that is legally acceptable and politically accommodating to public aspirations.