Legal Personality ASEAN as the Subject of International Law: Contemporary Developments

: The Organization of Southeast Asian Nations (ASEAN) has unique characteristics, apart from the legal systems in Southeast Asian countries that are different from one another, but also have different historical aspects. If ASEAN is compared to the European Union, which has the same legal vision, characteristics of society, and even a uniform financial system, ASEAN does not yet have this uniformity. This study aims to identify the legal personality for ASEAN as a subject of international law. This study looks at various theories and concepts regarding international organizations as subjects of international law. This study confirms that the basis for ASEAN legal personality as a subject of international law can be seen in the ASEAN Charter, however, this form of legal personality is still limited.


I. INTRODUCTION
The current international law has a very effective role in regulating the lives and interactions of the international community. One of the subjects of international law is the international organization. Just as societal life, then the state can not stand alone, so the country needs to get along with other countries. The gathering of nations in one association with the interest to meet certain needs is clothed in a group of so-called international organizations. 1 1 Sumaryo Suryokusumo, Hukum Organisasi Internasional. (Jakarta: Penerbit Universitas Indonesia, 1990), p. 4. In the further context, international organization recognized as an organization created by members of the international community voluntarily or on the basis of equality which aims to create world peace in the international relations system. In essence, international organizations have broad and narrow meanings. Broadly speaking, international organizations include public international organizations, private international organizations, regional organizations, subregional organizations, and organizations of universal character. Narrowly includes only public international organizations. According to Clive Archer, an international organization is a formal structure established based on the mutual consent of every member of government and non-government from various sovereign countries, which has the vision of reaching a mutual agreement, and creating peace and security in a prosperous world. International organizations to achieve their vision need to implement their functions correctly and also neatly so that they do not conflict with what has been mutually agreed upon. Please also see Clive Archer, International Organizations. (London: Routledge, 2014)  of the legal personality has been well described in the International Court's statement on international organizations, especially the United Nations. Legal personality concerns the quality of an organization as the subject of international law while the legal capacity is related to the ability of international organizations to take legal action. Therefore, affirmation of the status of legal personality is very important related to the implementation of the function and the achievement of its objectives. In addition, international organizations can be differentiated on the basis of membership. Some are said to be universal where membership is not limited to certain criteria, e.g., the UN. While the so-called closed is an organization whose membership is based on the region, e.g., ASEAN. So that in ASEAN membership is exclusively only for countries in the region of Southeast Asia. 4 4 Pranoto Iskandar, Hukum HAM Internasional: Sebuah Pengantar Kontekstual. (Cianjur: IMR Press, 2012), pp. 299-300. The current situation of ASEAN is growing and is considered in the international arena as one of the influential international organizations. ASEAN as a regional organization actually has the authority to resolve disputes in its own way (local dispute settlement) as stated in Article 52 of the United Nations Charter. This authority can be seen in the Agreement on Friendship and Cooperation in Southeast Asia (Treaty Amity and Cooperation Asia -TAC 1976) which was ratified in the Bali Concord I. The essence of TAC is the use of peaceful means in resolving intraregional disputes (peaceful settlement of disputes), which are the basic principles to guide regional peacekeeping arrangements.

II. METHODS
The method of writing used in this paper is using the method of libraries where the method is to study, read and collect from libraries related to the problems discussed, whether in the form of books, journals, or other information in the form and summarize it in a language that is easy to understand.

III. THE ROLE OF ASEAN CHARTER IN MAKING ASEAN A LEGAL SUBJECT (LEGAL PERSONALITY)
The ASEAN Charter is the legal and institutional framework that binds all ASEAN member countries and makes ASEAN an organization of legal status. Indonesia adopted the ASEAN Charter through Act No. 38 of 2008. The ASEAN Charter can be reviewed after five years since the official ASEAN Charter comes into force. 5 ASEAN Charter as a constitutional document contains some very important elements, among others: 1. The explicit statement that ASEAN is an international organization that has an international legal personality, thus ASEAN is able to exercise rights and obligations at the international level. The fundamental transformation undertaken by the ASEAN Charter has provided legal personality to ASEAN. As a legal personality, ASEAN moves and makes agreements on its behalf and may also prosecute and be prosecuted legally. In line with this transformation, institutional improvements are being made so that ASEAN is expected to respond better to the increasingly complex regional and global issues in the future. 14. Promote ASEAN's identity by promoting greater awareness of cultural diversity and regional heritage.
15. Maintain the centrality and proactive role of ASEAN as a key driving force in relations and cooperation with external partners in open, transparent, and inclusive regional architecture. 9 Based on the above description we can know that ASEAN exercises its legal authority under international law. This can be seen from the authority of ASEAN in making international agreements with other 9 Zainuddin Djafar, "Piagam ASEAN, Legalitas Tonggak Baru Menuju Integrasi Regional?". Indonesian Journal of International Law 6, No. 2 (2009): 197-198 parties. ASEAN on various occasions has signed a Memorandum of Understanding with other parties. 10

INTERNATIONAL ORGANIZATION
The Rules of Procedure for Conclusion of International Agreements by ASEAN (hereinafter referred to as ROP) is one of the instruments of the implementation of Article 41 paragraph (7)  since it is not a sovereign entity, so that ASEAN has no immunity, there is a need to determine its immunities and boundaries, such as the privileges and immunities of those who carry out the duties of ASEAN.
In this respect it has long been granted certain rights that are applied fairly well on their diplomatic privileges and immunities. Generally, the rights granted include such rights as the inviolability of missions from the entry of representatives or persons of the recipient country except with the approval of the head of the mission, the exemption from certain taxes of the recipient country, obtaining immunity from prosecution and immunity to enjoy full diplomatic status including diplomatic families as well as more limited immunity for members of administrative and technical mission staff.

V. CONCLUSION
The ASEAN Charter is the legal and institutional framework that binds all ASEAN member countries, and makes ASEAN an organization of legal status. As a legal personality, ASEAN moves and makes agreements on its behalf and may also prosecute and be prosecuted legally. The entry into force of the ASEAN Charter is intended to encourage ASEAN's transformation of a loose organization into an organization with a strong legal foundation.
Simon Chestermen argues that ASEAN as an international organization obtains its legal personality based on "Will Theory. Will theory is a theory that states that the legal personality of an international organization is based on the will of its founders.