CONNECTION BETWEEN INTERNATIONAL LAW AND NATIONAL LAW
Definition of International Law
International law can be defined as a set of laws consisting largely of principles and rules that must be obeyed by states, and therefore must be adhered to in relationships with one another, and which also includes: (a) international organizations, the relationships between international organizations with each other, the relationship of legal rules relating to the functions of the institution or between international organizations and countries or countries; and relationships between international organizations with individuals or individuals; (b) certain legal rules relating to non-state entities as long as the rights and duties of the individual and the subject of the non-state law are concerned with the problems of the international community (Phartiana, 2003; 4)
Based on the above definition, in passing has been obtained a general description of the scope and substance of international law, in which contained elements of the subject or the perpetrator, the legal relationships between subjects or actors, as well as things or objects covered in its arrangement, as well as its principles and rules or legal rules. As for the subject of the law, it appears that the state is no longer the sole subject of international law, as once a prevailing view prevails among earlier scholars.
Definition of National Law.
National law is a collection of laws that are largely composed of principles and rules that must be obeyed by society within a country, and therefore must also be adhered to in relationships with one another.
The Connection between International Law and National Law
According to Dualism theory, international law and national law, are two different legal systems. International law and national law are two separate legal systems, not mutually related to superiority or subordination. The enforcement of international law within the national legal environment requires ratification into national law. If there is a conflict between the two, then the priority is the national law of a country.
Meanwhile, according to Monism theory, international law and national law are related to each other. According to Monism's theory, the international law is a continuation of the national law, namely the national law for foreign affairs. According to this theory, the national law is inferior to international law. National laws are subject to and must conform to international law. (Burhan Tsani, 1990; 26)
While International Law is a set of compulsory legal rules governing the relationship between international legal persons (States and International Organizations), determining the rights and obligations of such bodies and limiting the relationships that exist between the person of the law and civil society.
Therefore international law is the law of the international community that regulates all the relationships of international legal persons and their relations with civil society. International law has several important aspects such as the principle of mutual consent, the principle of reciprocity, the principle of free communication, the principle of insufflation, the principle of decent and common (principle of reasonable and normal), the principle of exterritoriality, and other principles important to diplomatic relations between countries.
Then international law provides legal implications for its participants, implying here the implication here is the responsibility internationally caused by the acts committed by a state or international organization in performing all its duties as an international legal person
If national law is a law applied in the territory of a state in the management of all internal affairs and also in the face of the inhabitants domiciled therein, then international law is the law governing the aspects of the state in relation to other countries.
International law exists to regulate all international relations for the sake of international life irrespective of all forms of action that harm other countries. Therefore a State which acts that could harm another country or in the sense of breaking a collective agreement shall be subject to legal implications, so a state shall be held liable for all actions it has taken.
The definition of international responsibility itself is a law where international law requires an international legal person performing acts violating international obligations that cause harm to other international legal persons for compensation.
In conclusion, it is basically acknowledged that international law and national law have interrelated relations as follows:
• International Law Can Become National Law
International law established by agreement among various countries of the world may become or enter within the scope of national law of a State if a State ratifies such international law.
• National Law Can Become International Law
National law can become international law because basically international law comes from national law. To become an international law, national law can be through three ways:
a. through customary international law,
b. through jurisprudence,
c. through international treaties and conventions.
