THE WAIVER OF DIPLOMATIC IMMUNITY IN INTERNATIONAL PRACTICE : BETWEEN THE PRINCIPLES OF IMMUNITY AND LEGAL ACCOUNTABILITY

Abstract

Diplomatic immunity is a form of protection under international law granted to foreign diplomats to enable them to perform their official duties and state functions without interference from the receiving State. The legal framework governing diplomatic immunity is primarily established under the Vienna Convention on Diplomatic Relations 1961, which serves as the principal foundation for diplomatic relations among States. In international practice, diplomatic immunity frequently raises legal concerns when foreign diplomats become involved in criminal offenses or other violations of the laws of the receiving State. Such circumstances give rise to an ongoing debate between the protection of diplomatic functions and the principle of equality before the law. This study aims to analyze the regulation of diplomatic immunity waiver under international law and its implementation in international practice, including several cases that have occurred in Indonesia. This research employs a normative legal research method using both statutory and case approaches. The data were obtained through library research based on international conventions, legal literature, scientific journals, and various legal documents related to diplomatic immunity. The findings indicate that diplomatic immunity is not absolute, as international law provides mechanisms such as waiver of immunity and the declaration of persona non grata as means of addressing legal violations committed by foreign diplomats. In international practice, waivers of diplomatic immunity are generally applied in cases involving serious criminal offenses that generate political pressure and demands for justice from the receiving State. The study concludes that the waiver of diplomatic immunity constitutes an important mechanism for maintaining a balance between the protection of diplomatic functions and the principle of legal accountability under international law. Therefore, the application of diplomatic immunity should continue to uphold the principles of justice, respect for the laws of the receiving State, and the responsibility of the sending State within the framework of international relations.