Implementation Of The Principle Of Immunity For Consular Posts Of The Sending State In The Receiving State

Abstract

The consular representative building is an extraterritorial territory of the sending country, and the sending country has jurisdiction over that territory. The trespassing incident that occurred at the Indonesian Consular Post by unknown people in Melbourne during 2017 to 2020 period  was a violation of existing immunity rights. Based on the concept of diplomatic immunity, the receiving state must protect foreign consular posts in its territory. The method used in this research is a normative juridical research method. The data used is secondary data. Data is presented qualitatively and analyzed descriptively. The results of this research are that trespassing and raising the Morning Star flag is a form of "disturbance of the peace of consular post." Because of this incident, Australia is still unable to protect the building of the Indonesian Consulate General in Melbourne as an implementation of special duty Article 31 paragraph (3) of the Vienna Convention 1963, during the second Morning Star flag-raising incident, gave rise to state responsibility obligations. The suggestion from this research is that there needs to be a joint commitment to implementing the provisions of the 1963 Vienna Convention through a written cooperation mechanism procedure.