Skripsi
PENYALAHGUNAAN KEKEBALAN DIPLOMATIK DALAM KASUS PERBUDAKAN MODERN TERHADAP PEKERJA MIGRAN OLEH PERWAKILAN DIPLOMATIK BERDASARKAN KONVENSI WINA TAHUN 1961 (STUDI KASUS BASFAR V. WONG IN THE UK SUPREME COURT JUDGEMENT)
This research is motivated by the numerous cases of modern slavery committed by diplomatic representatives against domestic workers in the residences of diplomats who abuse diplomatic immunity. This research aims to explain and analyze the forms and legal consequences of the misuse of diplomatic immunity in the ruling on a case of modern slavery committed by the Saudi Arabian Diplomatic Representatives (Mr. Basfar) against a Filipino migrant domestic worker (Ms. Wong) in the United Kingdom, as well as the impact of the ruling on Indonesia's national interests. This legal research employs a normative legal research method, utilizing statute and case approaches. The findings indicate that the Saudi Arabian Diplomatic Representatives has abused diplomatic immunity by violating the national laws of the United Kingdom as the receiving state, such as regulations concerning minimum wage payments and working hour requirements. The legal consequence for Ms. Wong in this ruling is the right to receive compensation from Mr. Basfar. According to the 1961 Vienna Convention, there are two legal consequences for Basfar's misuse of diplomatic immunity: the waiver of diplomatic immunity by the sending state and the declaration of a persona non grata sanction by the receiving state. This ruling has global implications for the international legal order, particularly in the field of diplomatic law, as the jurisprudence of this case can serve as a reference, especially for other common law countries such as Hong Kong, which is a primary destination for Indonesian migrant domestic workers. Keyword : Diplomatic Immunity, Modern Slavery, Migrant Workers, The 1961 Vienna Convention
Inventory Code | Barcode | Call Number | Location | Status |
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2507002269 | T170843 | T1708432025 | Central Library (Reference) | Available but not for loan - Not for Loan |
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