Regulation of Diplomatic Immunity Under The Vienna Convention and Islamic Law: A Perspective of Protection and Legal Accountability

Abstract

This research examines the differences regulation of diplomatic immunity between the Vienna Convention on Diplomatic Relations (1961) and the principles of Islamic law. The research problems are: (1) how the Vienna Convention and Islamic law define the limits of diplomatic immunity concerning the jurisdiction of the receiving state; (2) how legal accountability is applied to violations committed by diplomats. This research employs a normative-juridical approach, analyzing primary legal materials such as the Vienna Convention, the Qur’an, and Hadith and secondary sources including the opinions of fuqaha and international legal. The conclusion of this study: (1) Diplomatic immunity under the Vienna Convention on Diplomatic Relations and Islamic law, focusing on the balance between protection and accountability. The Vienna Convention provides legal privileges based on functional necessity, sovereignty, and reciprocity, but lacks enforcement mechanisms, potentially allowing impunity for serious violations. Islamic law, through the concept of aman, conditions immunity on ethical and moral responsibility, linking protection to justice and respect for local laws; (2) Legal accountability is essential to prevent abuse, emphasized by international norms and Indonesia’s constitutional framework. Integrating positivist legal principles with Islamic ethical foundations offers a balanced model, ensuring diplomatic privileges are exercised with justice, legality, and moral responsibility.