KEDUDUKAN HUKUM TAKHTA SUCI DARI PELAKSANAAN BASIC AGREEMENT BETWEEN THE HOLY SEE AND THE PALESTINE LIBERATION ORGANIZATION SEBAGAI BENTUK PENGAKUAN PALESTINA SEBAGAI ENTITAS NEGARA DALAM HUKUM INTERNASIONAL

Abstract

This legal research aims to know the legal position of the Holy See as the subject of international law in recognizing Palestine as a state entity in international law and knowing how the legal consequences of the implementation of the Basic Agreement Between The Holy See and the Palestine Liberation Organization toward the Holy See and Palestine. This legal research is a normative legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The topic of legal material settlement is literature study and document study which then analyzed by logical, systematic and juridical. The results of this legal research are: first, the Holy See has the same status as the state in recognizing a state entity, although it has no state instrument. Second, the legal consequences of the Basic Agreement between the Holy See and the Palestine Liberation Organization are the Comprehensive Agreement which has three important points, namely the Palestinian Authority granting freedom of religion and rule to the Catholic laity, and assisting in the establishment of the church both legally and financially, the Palestinian Authority gives protection for sites of status quo and other holy sites which deserve special protection, and provide autonomous legal status and tax exemption, formal recognition of the Palestinian Authority as a state by the Holy See.