Suherman, SH

Abstract: International developments require Indonesia to improve international relations, through Law No.17 of 2013 on Civil Society Organizations, foreign civil society organizations (CSOs) can establish or run programs in the territory of the state of Indonesia. Under Indonesian national law, foreign CSOs shall be subject to Indonesian law and sovereignty. By international law, foreign societies that have certain characteristics can be categorized as international organizations, which means also attached to their rights. Thus, there is a conflict of principle between international law and national law. This research is normative law research, with statute approach, conceptual approach, and historical approach. Based on the results of the study, the arrangement of foreign CSOs in Indonesia shall be regulated in the Law No.17 of 2013, with the substance of foreign CSOs in the form of foreign legal entities, foundation bodies established by foreign legal entities or foundation legal entities established by foreign nationals together Indonesian citizens. Restrictions on foreign CSOs are conducted through licensing mechanisms as one of the instruments of the rule of law, which is further stipulated in Government Regulation no. 59 of 2016. The position of foreign CSOs based on Law No.17 of 2013 is influenced by International Law. In the case of state sovereignty, the position of foreign CSOs is subject to Indonesian national law. As members of the international community especially as members of the United Nations, the sovereignty of the state of Indonesia’s enforceability will be limited to the territory and will end if other powers have begun through international law. The concept of Rights in international law provides that international organizations as representations of the right to assemble and associate, must be adapted to the concept of understanding of rights according to the Indonesian nation that cannot be separated from basic human obligations, so that the basic obligations of foreign  CSOs engaged in activities in the territory of Indonesian sovereignty are recognizing Understand the rights adopted by the nation of Indonesia as well as respect the sovereignty of the legal state adopted by the state of Indonesia.

Keywords: position, foreign civil society organizations

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