TANGGUNG JAWAB NEGARA PENERIMA (RECEIVING STATE) TERHADAP KEAMANAN GEDUNG PERWAKILAN DIPLOMATIK NEGARA PENGIRIM (SENDING STATE) MENURUT HUKUM DIPLOMATIK

Abstract

In the practice of diplomatic officials, there are two principles of immunity inherent in them when carrying out diplomatic missions, namely immunity and inviolability. But even though the 1961 Vienna Convention on Diplomatic Relations has been signed and ratified by more than 190 countries, attacks aimed at the diplomatic representative building continue every year. State responsibility is not only in material form, but also in the form of real protection to avoid victims and damage or loss. States shall do the necessary to protect the diplomatic representative building of the sending country. Based on these explanation, the authors are interested in raising this issue in the form of a thesis entitled "The Responsibility of the Receiving State to the Security of the Sending State Diplomatic Representative Building According to Diplomatic Law".
This type of legal research used by researchers for this research is normative legal research. Sources of data obtained are primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique used is by means of literature review.
Based on the results of research on the Responsibility of the Receiving State for the Security of the Sending State's premises according to diplomatic law, the author believe that instrument of the receiving state cannot enter the diplomatic premises without permission from the head of the diplomatic. According to the theory of territoriality, even though the diplomatic premises is in the receiving state, the diplomatic premises is considered to be in the sending state. Secondly, the receiving state's responsibility for the sending state's diplomatic premises (Sending State) does not only about material stuff, by compensation or repairs. The responsibility of the receiving country for the diplomatic representative building must be demonstrated in the effort to prevent attacks and damage to the diplomatic premises in the territory of its state. Prevention can be done by providing security protection by the receiving state. The protection that can be provided by the receiving country can be in the form of protection from outside the diplomatic premises area (Externa Retionale) and also from inside the diplomatic premises area (Interna Rationale).
Keywords: Responsibility – Inviolability – Diplomatic Premises – Security