The relationship between international and domestic law in Indonesia is the subject of prolonged debate caused by the silence of the Indonesian Constitution on the choice between monism and dualism, which affects constitutional adjudication. This article discusses how the Constitutional Court engages with international law in its decisions and how the debate between monism and dualism is affected by it. It argues that the practice of the Court falls neither within the traditional scope of monism nor dualism but tends to be eclectic, which can be termed pragmatic monism. Here, the Court considers an international treaty part of domestic law upon ratification. However, its contents are only applicable if they are consistent with the Constitution, the highest law in the country. Nevertheless, such pragmatism is not without consequences where the consistency of the constitutional system as a whole is compromised for the instrumentality of its individual decisions on societal well-being.
This paper presents a genealogy of the passport in international law. For the most part, the origins of our contemporary mobility order are narrated from the vantage point of the grand principles of sovereignty, hospitality, and liberty. The nuts and bolts through which people access mobility – passports and visas – are generally understood to be the natural, inevitable, and fair by-products of these principles. This paper contributes to existing debates on the coloniality of international migration law by examining the universalization of the passport under the League of Nations. I argue that the universalization of the passport meant abandoning the old idea that the rights of free movement belonged to everyone and, instead, instituted a system that ranks human mobility based on national origins. Theoretically, it is proposed that attention to these “lowly” practices of mobility governance allows us to track the afterlives of race in the international order.
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