Treaty

Treaty or international agreement or treaty is defined as an agreement between two or more countries to establish relations between them according to the provisions of international law. Sugeng Istanto states that the term "treaty" is a nomengeneralissium which covers every agreement between countries regardless of its form and also regardless of the officials who carry it out. As a very general term, treaty also includes agreements between countries and international organizations as well as agreements between one international organization and another international organization.
 
As a source of law that is directly recognized, international agreements are regulated in Article 11 of the 1945 Constitution which states that the President with the approval of the House of Representatives declares war, makes peace and treaties with other countries. The agreement with other countries in the a quo article is an agreement between countries or an international agreement. The binding nature of international agreements is based on the pacta sunt servanda principle which means that agreements bind the parties like laws. Even according to the dualism view in international law, international agreements are the main source of law.
 
The stages of making an international agreement include several stages:
First, accreditation of negotiating officials. At this stage, the state accredits officials who represent its country, including their authority. This accreditation is obtained from the head of state or minister of foreign affairs.
 
Second, negotiations. It can be said that the essence of making an international agreement is negotiation because at this stage what becomes the substance of the agreement will be discussed together between the two or more countries. This negotiation stage ends with the determination of a decision between the countries that are negotiating. In multilateral negotiations, decisions are taken based on a majority vote or two-thirds of the participating countries.
 
Third, signing the decision of the negotiation results. This stage is carried out at the same time and place where the participating countries attend the signing. The signing is intended as authentication of the draft decision of the negotiation results. Fourth, ratification. It can be interpreted that ratification is an act of the state establishing its approval to be bound by an international agreement that has been signed by its representative. Fifth, exchanging ratification texts between countries that make agreements or submitting texts to the depositary country in the case of multilateral agreements.

Jurisprudence

In general, jurisprudence can be interpreted as every judge's decision. However, there are also those who interpret jurisprudence as a collection of judge's decisions that are systematically arranged from the first level court to cassation and are generally given annotation. Another understanding of jurisprudence is the views or opinions of experts that are adopted by judges and stated in their decisions. In several literatures, jurisprudence is interpreted as various kinds of intellectual studies that are general in nature regarding laws that are not limited solely by the technique of interpretation.
 
Fixed jurisprudence is a rule in a decision that is then followed constantly by judges in their decisions and can be considered part of general legal belief. In the context of legal discovery, jurisprudence can be used as a source of legal discovery if the relationship between the case being handled and the jurisprudence can be explained135. This is based on the postulate citationes non concedantur priusquam exprimatur super qua re fieri debet citation. This means that the use of jurisprudence will not be accepted before the relationship between the case and the jurisprudence is explained.

Agreement

Agreements made by the parties are binding like laws. Nevertheless, an agreement is a normal source of law that is indirectly recognized by law. There are at least three elements in every agreement. First, the essentialia element. This element is related to the validity requirements of the agreement. If referring to Article 1320 of the Civil Code, the requirements for the validity of the agreement consist of agreement, the capacity of the parties, a certain object and a lawful cause.
 
Second, the naturalia element. This element is considered to exist even if it is not explicitly agreed upon. For example, the buyer is protected against hidden defects in an item he buys from the seller.
 
Third, the accidentalia element. This element must be explicitly agreed upon. In addition to these three elements, there are also principles in the agreement such as the principle of freedom of contract, the principle of good faith and so on. These principles will be discussed further in the chapter on legal principles.

Doctrine

The last source of law is doctrine. The word 'doctrine' comes from the Latin 'doctrina' which means a unity of teachings, instructions or beliefs, principles of thinking in a particular branch of science ('teaching', 'instruction' is a codification of beliefs or a body of teaching or instruction, taught principles, as the essence of teaching in a given branch of knowledge or in a belief system). Doctrine is also often referred to as the teachings of legal experts.

Source:

Mochtar, Zainal Arifin, and Eddy OS Hiariej. "Dasar-Dasar Ilmu Hukum: Memahami Kaidah, Teori, Asas dan Filsafat Hukum." Red & White Publishing, Indonesia (2021).