Sunday, January 31, 2010

The Importance of Character Building in Corruption Eradication

Today the problem of corruption is not only be internal country but also international problem, because the effect of corruption has extra ordinary effect that danger in all of daily segments. Corruption can hamper country’s development program, be getting bigger a number of poverty, and the most dangerous effect moral degradation. If the society have immoral character, we can imagine that the life will be uncontrol, run mob rule and the end will be happen ‘who is strong who is the winner’ who is the strongest who has authority.

Based on the dangerousness of corruption, there are many policies that governments taken to eradicate corruption, in some countries have made new rules, amended with maximum penalty. The country has also made independent board, and strong control that built corruptions watches by society, it is hopeful, corruption eradication will be success.

Internationally, United Nation has tried to against corruption by enacting United Nations Convention against Corruption. In the preamble of this convention listed that the prevention and corruption eradication is a responsibility of all states and that they must cooperate with one another, with the support and involvement of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, if their efforts in this area are to be effective. This convention is caused by corruption happen to not only in developing country but also in modern country and it has wide effect in economic development.

National and international instrument is very important, as a legal standing in eradicating corruption. Officer, the authority and humankind should run regulation that have enacted well. If the regulation can run well, it will be a progress in corruption eradication, but if the regulation cannot be implemented, it will be useless.

The main factor that makes regulation run well is the character of law enforcement officer. If its stakeholder could not run their duties, regulation will not automatically be functioned, even though it is kind of a good rule.

The first step to eradicate corruption is by character building. Character is very dominant in determining people what to do. People who have a good character tend to do good things, have a strong control to their attitude, and willingness in unlawful action.

How is the relationship between a good character and corruption? Corruption is caused by character that wants to get more over their capability. Incapability to cover their necessary, people who do not have a good character, tend to violate the rule in covering their necessary. Character is not only caused by their personal but also by people whom close them, such as family member.

Take an example, in a family, father who more responsible in financial, has a wife and children whom need something that is expensive, they always ask father to fulfill it. Actually, the real condition does not cover it, because father has limited budget, but his family always ask and ask continuously, if he does not have a good and strong character, he will break the law by corruption in their office. What if this condition happens to many families, and what if it happens to senior official government, it will reduce state financial.

In order to build a good character, it needs educating people to against corruption. The education is able to run by giving socialization explicitly in suffering corruption toward all of us. The other way by campaigning simple life, because people who implement simple life tend to receive their earning, and their secondary needs can be based on their own earning. Life with simple does not have thing that expensive and less of use. If we implement it, we will not buy anything that less of use and expensive, so factor of corruption will not appear in mind, and the end fight against corruption successfully.

Sunday, January 24, 2010

Food Crisis on the World, The Problem and Solution

Nowadays our world is worried by availability of food, even starvation happened to part of the world, people could not get primary food in daily. If the condition happen to part of settler in some country but the solution could not solved because less of food, condition like that called as food crisis. Food crisis mainly caused by population growth of people in the world. Population will be becoming bigger but food availability will be becoming less, so food production can not covered all people, and automatically come up food crisis in the world.

There are many factors that caused food crisis in the world, the less of food availability and uncontrolled growth population. Food production is importantly depends on region availability that produce food. We have know, the main problem, soil, is very limited, this condition is aggravated by abusing soil function that only originally used for food production. Nowadays there are many farmlands area, fertilized soil to produce rice, used for building industrial region, planting source of alternative energy, building modern shopping centre, houses and others. Changing from farmland area to industrial region indeed, can increase prosperity of local people because it will create new field of job, but founding industry on farmland area will reduce a number of farmland area, so food producing will be also reduce as well.

Climate condition plays very important in food production. Take example, plants which main produce primary food, in traditional agriculture system, mainly depends on climate. In tropical area, there are many regions that only plant rice in rainy season because in these season has enough water to irrigate rice field, but there are only a few region that plant rice in dry season because it does not enough water to irrigate, generally part of farmer left open their land without planting anything until rainy season come.

It has obstacles dealing with planting in rainy season, usually dealing with disaster occurred, namely flood. Flood disaster often damage plants, so it will disturb rice growth or more aggravated will cause failed harvest. If the condition occurred in a larger number of lands, surely, food production will be reduced. Unfortunately this condition will be repeated in next rainy season. If condition occurred, it will inflict both farmer and country, farmer got inflicted in financial as their job, and for country it will reduce food supplies.

Solution Food Crisis

1. Control population

Dealing with population that be getting bigger and tends to be uncontrolled, it is important to each internal country to socialize the importance to control population, because uncontrolled population triggers less of food availability in the world. There are many programs to control population such as family planning or small family. Having a small family is not only more able to cover daily needs but also more giving affection toward their family. The other program may be able to be run, like do not giving subsidy to the third child and the next in one family. By running control policy of population, surely, can manage population and finally could balance between a number people and enough food availability.

2. Returning Back Function of Farmland

Narrowness of farmland, the internal government should make a policy to get return back of original function as food producing place. Listed previously, many farmlands had been changed into industrial area, planting source of alternative energy, houses and modern shopping centre. Hard prohibition should be implemented in founding houses and modern shopping in farmland area, but for planting source of alternative energy, it is better to think it deeply before making policy. The importance of industry in their region can create job toward neighboring society. But it is a must to regulate that industry area is only able to found outside farmland or fertilized soil, take an example founding industry only allowed in unfertilized soil. Farmland that used for planting source of alternative energy remains exist, but the wide soil that used should be limited or based on consideration.

3. Climate

Climate main automatically from nature, but we can adapt it. Nowadays climate plays very important in agriculture. Climate change, now, as a big problem that faced by international, climate change can make farmer do not have guidance in predicting how kind and long a season, because many plants are only planted in certain season.

In traditional system, guidance is still usually by natural customs.

Climate change, now has been international issues, actually had discussed in United Nations, and asked countries in the world to make policy in reducing global warming. There are many ways to reduce global warming such as plant million trees program, reduce CO2 gas that resulted from industry. The countries should devote united nation decision in reducing global warming.

4. Creating New Prime Feed

Creating new prime feed that is resistance towards infection caused by microbe or nature disturbing. Further more could create varieties of plants which can grow up in outside their original habitat. Having soil fertilization program in other land so that can be planted plants that produce primary food. If plants grown up in fertile soil, surely it will grow up and produce well, not only in quantity but also in quality and the end can more supply food.

We have to develop other source of primary food by planting an alternative primary food, such as cassava or other starchy root crops, corn, and other plants that result fruit contain high carbohydrate. These kinds of plants actually can grow up in our surrounding environment, so if there is a place around us which is still vacant we should better plant that result source carbohydrate. If all people aware to do it, it will reduce our dependence in primary food.

5. Our Character

we are as ourselves, we know that there are a number of people still less of or got starvation, we should care it by avoiding wasteful eating and eat sufficient food, so we do not eat over, do not leftover rice, meal, etc. as many as possible.

The problem that caused food crisis that we face now is our responsibility, we have to take care it. The factors that caused food crisis are actually so complexes, it is not solved by few countries but it needs international cooperation, such as dealing with global warming and climate change. The several solutions of crisis food listed above should be run by all of us with full of responsibility, and we hope that food crisis could be solved sooner, and could not happened anymore in our beloved world.

Wednesday, January 20, 2010

How to Eliminate Human Trafficking

Trafficking is one of the most issues that must be thinking it deep by international. Trafficking as a international serious crime, the practice of trafficking, nowaday, is getting bigger, so it needs to be overcome by international cooperation. Trafficking occurred not only in prosperous country but also in developing country. Take a number of trafficking cases in Europe, United States of America, and other prosperous country are going to expand. But most victims come from developing countries because developing countries, in general, are not as prosperous as modern countries.

In 2000 United Nations have tried to eliminate trafficking by enacting United Nations Convention Against Transnational Organized Crime as a Resolution adopted by the General Assembly. The purpose of this convention is to promote cooperation to prevent and combat transnational organized crime more effectively. By these convention trafficking involved Transnational Organized Crime, because the practice occurred cross national border. Most of the trafficking victims are women and children.

United Nations Convention Against Transnational Organized Crime has supplement such Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, Protocol Against the Smuggling of Migrants by Land, Sea and Air, and Protocol against the Illicit Manufacturing and Trafficking in Firearms, Their Parts and Components and Ammunition, Protocol To Prevent, Suppress And Punish Trafficking In Persons used for preventing and combatting trafficking in person, especially women and children, protecting and assisting the victims of such trafficking, with full respect for their human rights; and promoting cooperation among States Parties in order to meet those objectives.

Based on Protocol to Prevent, Suppress And Punish Trafficking In Persons, Especially Women And Children, trafficking mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of thegiving or receiving of payments or benefits to achieve the consent of aperson having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

Elements of human trafficking
On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that trafficking in persons has three constituent elements (The United Nations Office for Drugs and Crime) (
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons.
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments or benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced labour, slavery or similar practices and the removal of organs.
The practice of trafficking is usually by deception to victim that victim will get well-paid job such as servant in other country, employee in foreign company, or interested program such art and cultural ambassador, young and students exchange and etc. The recruitment may be done by unknown people who offer job or program to the victim, but it is a guise merely, the main goal is to exploit the victim such as sexual exploitation, slavery, or removal of organs. Recruitment process is not only from unknown people but also from well-known people such as important figure at their society or religion.

There are several factors that trigger human trafficking (Indonesian guidance book of eliminating trafficking) :
1. Poverty
People who life with poverty feel hard, so they would like increase their financial, but, usually occurred, they was cheated by trafficker who offered job, but it was only a guise merely.
2. Less of respect towards women
Dealing with the some culture that women is not more respecful than male
3. Child supposed to slave
4. Low education and competence
low education strongly caused competence, both of these are mainly caused by poverty, or the culture view that high education is not too important. By less of education someone do not have chance to choose their self determination dealing with kind of occupation, it cause they will receive whatever job without thinking it deep. And hard in getting report about human trafficking as example
5. Consumtif character
Consumtif character will spend their financial fast, if without much money, so the condition triggers poverty.
6. disharmonism family
Children grown up in broken home, may be less of their parents attention, tend to be easy to get effection by trafficker. It is caused by situation that children could not feel happy.
7. Too early marriage
Too early marriage, in many cases, finally got divorce, it is happened to them because they was still labil in managing family.
8. Less of careness by neigbouring society
It is caused the neighbouring society do not have information about trafficking, and suppose that people offered new job by unknown man is ordinary, eventhough they do not what kind of job that the victim run, and what condition the victim is.
9. The character of officer
The officer play important toward the existing trafficking practise, if they do not take in mind or do not care about trafficking cases, there are no regretful towards trafficker who have done it, the case will be repeated again.

There are many factors that support trafficking, the trigering factor are complexity, so it need hard struggle in eliminating trafficking especially women and child trafficking. One thing that support women and child traffiking is poverty, so government should decrease the number of poor society by running their policy, take an example, by creating new field of job. Giving enough education tend to give enough competence to someone, so someone could not easy to be a victim in trafficking. Government should always socialize about danger of tarfficking, socializing can be run by showing in television, radio, newspapers or face directly to society who live in remote village. Socialization must be continouese until all of society know about trafficking. The regulation that rule trafficking must be run well, and should have strict punishment, and law eforcement officer should run the state policy as maximal as they can.

Saturday, January 9, 2010


The history of human right, sourced from basic right theory, was the binding right only as people. Sourcing this right was not from regulation, but from the God Almighty, if people did not have this right people could not be life well as human beings. This right was implemented universally without discrimination based on religion, race, nationality, sex, color and others. This right was not revoked by whoever and whenever if the right holder still alive (Rhona KM Smith).

Human right must be guaranteed and implemented by authority as executive power by laying down detailed regulation dealing with human right. To equalize implementation it universally, needs international regulation.

Before United Declaration of Human Right (UDHR) exist, there are previous document as starting point of making UDHR as follow :

1. MAGNA CHARTA, 1912.

The great charter, or the “Charter of Liberties of The English People” as it was called, was a careful revision and reproduction of the old anglo saxon principles and tenets of government which had been suppressed by the norman conquerors and their immediate successors, and my be considered the most important instrument of english constitutional history.

King John by his continual extorsions of money and violation of feudal customs had aroused the anger of not only the nobility but the knights and townspeople to the point of rebellion. The lower classes such as serf and artisans, were not actively rebellious, but, though the uprising of 1213-1215 was dominated by barons, it was in a sense a national reaction. King John, compelled by superior force to enter into parleys with the barons at Runnymede. On June 15, 1512, after numerous attempts at evasion, King John placed his seal upon the preliminary draft of demands presented to him by the barons.

The resulting document was put fourth in the form of charter granted by the King. The original charter, in latin, is a relatively brief document of some 70 clauses, many of which were if only transient significance.

The charter contains provisions guaranteeing the freedom of church and the customs of town. It implies that there are law protecting the rights of the King’s subject which the King is required to guarantee of trial by jury and habeas corpus, the later interpretations of original charter grants. (Masyhur Effendi : 2005)


The Petition of Right drafted in1628 by Edward Coke, one of the greatest components of English Legal System. The petition was sent by the English Parliament to Charles I as refusal parliamnet to finance the King’s foreign policy had caused his government to impose illegal taxes and the quartering of troops in citizens houses as economy measures.

The Petition of Right is based on upon earlier charters and statues securing recognition of four basic principle: taxes may be not levied without the consent of parliament; no person could be imprisoned for refusing to make payments which had not been legally established by parliament; no person could be imprisoned for any offense without cause and without an opportunity to answer the charge; soldiers and marines could not be housed in the homes of the citizenry and martial law may not be used in time of peace. The Petition of Right remains as one of the landmarks of British freedom. (Masyhur Effendi : 2005)

3. BILL OF RIGHT, 1689.

The complete name of Bill of Right is An Act Declaring The Right And Liberties of The Subject And Setting The Succession Of The Crown. This declaration is parliament’s struggle to the government of Kings Wangsa Stuart that abused their authority in the age 17. This instrument legallized after Kings James II forced abdicated, William III and Marry II Crown, be glorius revolution 1688 (Scott Davidson, 1994 : 2).

The contains of this instrument was very important because it tried to change from monarchy-absolute government to legal constitution by parliament. Bill of Right stated that :

  1. Prohibition of over money guarantees.
  2. Prohibition of over fine.
  3. Prohibition of cruel punishment.
  4. The members of jury must be elected and reported legally.
  5. All of giving and agreements dealing with fine and compensation toward certain person is not legal and invalid before punishment..


Intrest in The Act of Settlement passed by the English Parliament in 1701 rests in its similarity to the American Bill of Right. The act provided that if William III and Princess Anne, later Quen Anne, sould die without heirs, the throne of England should pass to Sophia, granddoughter of James I. there were also requirements that the King must join in communion with church of England and that he might not leave the country without parliamentary consent. Foreign-born kings were not to use English armies in defense of foreign soil without the parliament’s consent. It further provided that no pensioners or appointee of the king should sit in the house of commons.( Masyhur Effendi : 2005 :228)


The Declaration of Independence contains spesific freedoms that must be protected, free from state’s affairs. This freedoms, like freedom of press, freedom of praying, and has principle that someone’s freedom could not be revoked except based on local ordinance, or local society consent. The draft of this declaration was influenced by Virginia Declaration on June 10, 1776 (Scott Davidson, 1994 : 5).

On June 10, 1776, a committee was appointed to prepare a Declaration of Independence; the committee consisted of Jefferson, John Adams, franklin, Sherman and R.R livingston. This committee brought in its draft on the 28th of June and on the 22nd of July a resolution declaring independence was adopted. On July 4th, The Declaration of Independence was agreed to, signed by Hancock and sent to the legislatures of the states.( Masyhur Effendi : 2005 :228)


Declaration of The Right of Man as a result of French Revolution which influenced by United States’ Revolution, changed absolute government to democratic government as a purpose. Declaration of the Right of Man stated that the sovereignty of country had to be handled by society, so the government runned by society and the purpose for society as well. Every government program had to be according to society.

This declaration drafted by Seiyes and adopted by the French Constituent Assembly on August 26, 1789, the declaration is a fundamental document in French constitutional history. It was embodied in the French constitution of 1791 as a preambule.

The declaration based on the theory of JJ Rousseau and the American Declaration of Independence and asserted the equality of men and the sovereignty of the people with whom the law should rest. It also provided for responsibility of officials to the people and financial control. Its effect in nineteenth century was in calculable (Masyhur Effendi : 2005 : 230).

7. BILL OF RIGHT, 1791.

Bill of Right adopted by United States of America in 1791, this declaration contains guarantee of individual right. Individual right listed by several amendments of United States Constitution. The most populer amendment, first amendment, that protected freedom of religion , freedom of press, freedom of speech, right of social group. Fourth amendment was about individual protection of unreasonable frisk and arrest, fifeth amendment about the right of legal procedure, and the next constitution amendment expanded the Bill of Right, 13th amendment, prohibited slavery (Scoot Davidson : 1994: 5).


On July 13, 1862, President Abraham Lincoln mentioned his planed of issuing an edict freeing the slave to Gideon Welles, a number of the cabinet, and secretary of state William H Seward, but acquiesced to Seward’s suggestion to wait until after a union victory in the war going on between states. The antietam campaign presented just such an opportunity, and consequently on September 22, 1862, after reading a second draft of his edict, Lincoln issued a preliminary proclamation with stated that emancipation for the slaves would become effective on January 1, 1863. This was to be effective in tose states “in rebellion” which had not laid down their arms by that date.

On January 1, 1863, the President, by virtue of his power as commander in chief, declared free all those slaves who were held in territory which was in rebellion against the union. The Emancipation Proclamation was chiefly a document of policy which, it was hoped, would provide the beginning of the end to the South’s manpower reserve. It was also aimed at impressing the Europeans, especially the British, which to some extentit did. (Masyhur Effendi : 2005 : 229).


Passed in 1886 over President Johnson’s veto, the Civil Right Act was an attempt to give Negroes such common freedoms as the right to sue, to give evidence and to hold real and personal property. The act was special important also because of the Dred Scott’s decision, which had decided that Negroes were not citizens.

The first act, which passed over Johnson’s veto because He felt it was premature and perhaps unconstitutional, was re-enacted in 1870 only after the passage of the fourteenth amendment.

The third Civil Right Act attempted to still further guarantee the social right which had remained with held from the Negro. It penalized proprietors of public establishments, railroads and other transportation owners for discriminating against the Negro in accomodations. Unfortunately, this act was largerly voided by the Supreme Court decision in 1883 in civil right cases on the ground that these were not civil or property right and so not the concern of federal legislation. Consequently, the civil right issue was left open and most states subsequently passed legislation pertaining to civil right law. (Masyhur Effendi : 2005 : 229)

The all listed documents above is previous document or the history of human right as a starting point of making Universal Declaration of Human Right. At the end, Universal Declaration of Human Right declared in 1948 by United Nations, then this declaration has two added protocol, International Covenant on Civil And Political Right and International Covenant on Economic, Social, and Cultural Rights. Both protocols entried into force on the 3rd of January 1976.

Sunday, January 3, 2010

Achmad Romsan classified asylum in :

Achmad Romsan classified asylum in :
  1. Temporaly asylum, Asylum that given in temporaly until the authority in country of origin ask asylum donor country to submit asylum applicant. Delivering from protecting state to their country of origin usually must have requirements, as example the country of origin will treat the people according to state legal norm that in force. The conclusion, in temporaly asylum asylee (person who got asylum) could be submitted to their country of origin.
  2. Definitive asylum, Asylum given to applicants in out of their country jurisdiction by other state. Asylum could be given in embassy of asylum donor state, because the embassy office has immunity from jurisdiction of the country where embassy office in.

Asylum principle
In international practices dealing with appliying and giving asylum, there are general principles, such as :
  1. asylum could not be claimed as a person right
  2. someone right is only restricted in asylum applicant, if getting asylum people can enjoy it.
  3. giving or rejecting asylum applicant is state right based on its soverignty
  4. giving asylum as a peace and humanitarian action. Dealing with giving asylum is not kind of unfrienship policy toward the country of origin of asylee.
  5. as a humanitarian institution, reciprocity principle could not be forced
  6. asylum contains :a. non expolsion;b. non refoulement, rejection at the frontiers;c. non extraditionif state got difficulty in giving permanent asylum or long time period, at least t
  7. the state has to give protection to people until they get asylum in other countryasylum could not be given to unpolitical crime and other crime that contrary United Nation principles :a. ordinary crimes; b. crime against peace, war crimes, crime humanity, that instructed in international law instruments
  8. asylee must be obbeyed to national law instrument of asylum donor state
  9. asylee could not have activity that contrary their national interest, it can came up tension between their country of origin and asylum donor state.

Saturday, January 2, 2010

Kinds of asylum

1. Territorial asylum
Territorial asylum is asylum that given in the place belongs to jurisdiction of asylum donor country. Territorial asylum can be given not only on shore but also on water if asylum seekers come into by ship, and live on its during asylum seeking proces, or until go to other country (starke, 2007 :476).
In dealing with giving territorial asylum can be clasified in :
a. Political asylum
Because of oppression to people by authority caused political distinction
b. Refugee asylum
Given by reasons for fear of persecution in country of origin
c. General asylum
Given to escapees from their country of origin to get econimic development but their status are not immigrant

2. Diplomatic asylum
Asylum that given at the place which belongs to asylum donor country or legal necessary but the location is in other state. In general this place admitted as invioble place or having immunity from jurisdiction the state where place in.
Place where diplomatic asylum could be given :
a. embassy and consuler. It is a temporaly step to physical threatened people in their life because of extrim political alteration. The reason of giving this asylum suppose this problem of threatened people cauld be solved in temporaly time.
b. The office house of the head of diplomatic mission on consuler
c. International organisation buildings
d. War ship
So, the conclusion state that diplomatic asylum is a protection given to asylum applicant that place in formal state place by other state. This place is immune towards jurisdiction of local country


The meanings of asylum based on black law dictioinary is protection of usually political refugee from arrest by a foreign jurisdiction; A nation or embassy that afford such protection. There are also several asylum meanings by experts :
a. Kwan sik explained asylum as protection given to person by another foreign jurisdiction.
b. Oppenheim lauterpact that quoted by Soeryono Soekanto stated that asylum dealing with a country’s authority has soverignty in its territory for arrival entry the country, live in and get protection
c. Indonesian law expert (F Sugeng Istanto) gave meaning asylum as an individual protection by foreign country in country of origin of person, eg. In embassy office or in foreign ship, by this protection person can’t be punished.
Based on several meanings of asylum we can conclude that asylum is an protection given to asylum seeker by foreign country in out of country of origin (asylum seeker). This protection is usually given to political refugee or political crime.

The History of Asylum
In Islam
In Islam the right to asylum is explained in holy qur’an explicity on Ibrahim : 35, the prophet Ibrahim requested to the God (Allah) that the mosque which built by him and his son (Ismail) could be a safe place (asylum). The mosque that now known as Masjidil Haram (principal mosque in mecca) as safe place for people who needed protection. In Islam mosque is holy place and Baitullah (the house of Allah), so there are no violences there in.
Islam has learned moslems to get new-safe place or move to another country if they got persecution in their life (Holly qur’an an Nisa’ : 97). Islam learn moslems not to make friends toward people who fight against us because of religion, chase away and people who assist expulsion.
So in conclusion, Islam admit the right to asylum in another place, make us protec persons until they find safe place.

In christian
Human right appears at the same time of people, since people existed problem also existed. In old testament tells about firstly human right violation when Cain killed his brother (Abel) because of jealousy, then The God cursed Cain. In old testament era, there was a tradition toward the killer that called “eye for an eye” or “blood responded blood, but if the doer escaped to safe region and then local society gave protection to person so that person would be safe from killing accusation.
Then the practises of protection developed when church could give asylum toward people who needed. Then Principle of church giving asylum supported by council of sardis principle in 347, and supported again by Theodosius rule principle in the age 4, and justinian rule in age 6 until the code of canon law in 1983

Asylum in general
Asylum was from ancient international custom from america. The word “asylum” was a word derived from Greek “asylon” the meaning is an unviolated place and someone can be safe in that place. In ancient Greek society had known about institution called asylia. In this period, in trading practice, to get protection, the country of origin of trader had to make an agreement to visited country. The agreement goals was to give protection to trader each other. Then asylia had “asphalia” as a complementery asylia institution, it was found for protecting things belonged to someone.
At first, asylum was given to general esacpee dealing with their activity or crime. So the suspect of general crime could get asylum in out of their country, and couldn’t be extradited. In the age of 17, many law experts decided between political crime and general crime. They stated that asylum only given to people who suspect in political and religius crime in their country. Since the midle age of 19 most of extradition agreementws admitted non extradition principle toward peopole who act political crime, except by chief of state.
The last progress the right to asylum is ruled on United Nation Declaration of Human Right 1948, Vienna Convention 1961 dealing diplomatic relations and United Nations Charter dealing with territorial asylum and diplomatic asylum.