Jenis-Jenis Pengakuan dalam Hukum Internasional

Summary

This video script explores the concepts of de facto and de jure recognition in international law, explaining how countries acknowledge new states. It highlights the theoretical foundations of recognition, including constitutive and declaratory theories, and uses Indonesia's path to independence as a key example. The script details how de facto recognition is granted based on the reality of the new state's existence, while de jure recognition is awarded when the state fulfills international legal criteria. The video also illustrates the practical application of these types of recognition in shaping diplomatic relations and international law.

Takeaways

• 😀 Recognition in international law can be categorized into two types: de facto and de jure recognition.
• 😀 De facto recognition is temporary and based on the factual existence of a state or organization, without full legal acknowledgment.
• 😀 De jure recognition is a formal, legal acknowledgment that a state or government has met all international qualifications for participation in global relations.
• 😀 Both de facto and de jure recognition are important for the establishment of a state's international standing, but they differ in terms of the rights they confer.
• 😀 Indonesia was recognized de facto on August 17, 1945, when its independence was acknowledged by other nations, but de jure recognition came later on December 27, 1945.
• 😀 De facto recognition allows a new state to engage in some international actions, but without full legal privileges like claiming territory or full representation.
• 😀 For a state to gain de jure recognition, it must effectively control its territory, have full support from its population, and be willing to comply with international law.
• 😀 Egypt was the first country to grant de jure recognition to Indonesia on March 22, 1946.
• 😀 After de facto recognition, if a state proves its stability and ability to meet legal requirements, it can progress to de jure recognition.
• 😀 The recognition process often involves diplomacy, where a state seeking recognition tries to convince others of its legal and effective governance.

Q & A

What are the two types of recognition discussed in the script?

The two types of recognition discussed are de facto recognition and de jure recognition.

What is the main difference between de facto and de jure recognition?

De facto recognition is based on the actual control of a state or government, while de jure recognition is a formal and legal acknowledgment of a state's full sovereignty and its ability to uphold international law.

How does de facto recognition affect a state's ability to claim rights?

De facto recognition does not allow a state to claim full rights, such as the ability to claim property in the recognized territory. It is a provisional acknowledgment of the state's existence.

What was the first country to grant de jure recognition to Indonesia?

Egypt was the first country to grant de jure recognition to Indonesia on March 22, 1946.

What role did Syria play in Indonesia's recognition?

Syria, a member of the Arab League, supported Indonesia's independence and helped bring the issue before the United Nations in 1947.

When was Indonesia recognized de jure by the Netherlands?

Indonesia was recognized de jure by the Netherlands on December 27, 1949.

What is the significance of de jure recognition in international law?

De jure recognition provides full legal acknowledgment of a state's sovereignty, allowing it to participate in international relations, claim rights, and represent itself in global diplomacy.

How does the recognition process typically unfold for a new state?

The process usually starts with de facto recognition, where the state is recognized based on actual control and existence. If the new state proves its stability and commitment to international law, de jure recognition follows.

What conditions must be met for a state to receive de jure recognition?

For de jure recognition, a state must effectively control its territory and population, have full support from its people, and demonstrate willingness to adhere to international law.

How did the international community react to Indonesia's independence?

The international community recognized Indonesia's independence in stages, with some countries granting de facto recognition and others granting de jure recognition, helping to establish Indonesia as a sovereign state.