Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Yudo Tunggul Baskoro, Mahinda Arkyasa
On 15 November 2012, the United Nations (UN) announced that UN General Assembly has appointed 29 countries as members of the United Nations Commission on International Trade Law (UNCITRAL), one of them being Indonesia.
A press release posted on the official UNCITRAL website (www.uncitral.org) stated that the newly appointed 29 members will replace the previous 30 members, which will end their terms on 7 July 2013. New UNCITRAL members will serve a six-year term starting on 8 July 2013.
“Regarding the last [30th position] member vacancy, UN General Assembly will conduct an election upon notification by interested states from the Western European and other states,” as stated in UNCITRAL press release.
Director of International Agreement on Economy, Social, and Cultural Affairs at the Ministry of Foreign Affairs Abdul Kadir asserted that the appointment of Indonesia as one of the UNCITRAL members has paved the way for Indonesia to show the country’s involvement in drafting trade-related international laws.
In relation to Indonesia’s domestic affairs, Kadir explained that the appointment of Indonesia as one of the UNCITRAL members will affect Indonesian laws and regulations on trade law.
He added that UNCITRAL has prepared a Model Law which will act as a reference for Indonesia on drafting trade-related laws and regulations.
Huala Adolf, international law professor of Universitas Padjajaran, stated that one of the benefits of being appointed as one of the UNCITRAL members is that Indonesia will be able to develop better trade laws by adopting modern international trade laws issued by UNCITRAL.
“The thing is, does [Indonesia] want to make use of its position or not? Do we feel the need to or not? The only thing UNCITRAL can do is wait for our initiative,” the professor explained.
It should be noted that although Indonesia has been appointed as one of the members, there are some UNCITRAL conventions that have not yet been ratified by Indonesia, including Convention on the Contracts for the International Sale of Goods.
Abdul Kadir affirmed that being an UNCITRAL member does not mean that Indonesia must ratify all UNCITRAL conventions. He added that ratification has it’s own procedures, including a consultation with related ministries.
Meanwhile, Huala Adolf stated that ratification of international conventions, which in this case refers to UNCITRAL conventions, depends on the Government needs.
“UNCITRAL has issued modern trade-related laws and regulations such as Convention on the Contracts for the International Sale of Goods, but once again, it depends on the country, will the Government ratify the convention? Or not?” he asked.
He urged the Government to ratify UNCITRAL conventions because Indonesia’s trade-related regulations have fallen behind with international development.
As a comparison, Adolf informed that Singapore has adopted all UNCITRAL conventions. Singapore, as he admitted, is highly aware that a country’s competitiveness is not only measured by economic competitiveness, but also by legal competitiveness.
It should be noted that the importance of the Convention on the Contracts for the International Sale of Goods has been acknowledged by international law experts many years before.
Yudo Tunggul Baskoro, Mahinda Arkyasa
On 15 November 2012, the United Nations (UN) announced that UN General Assembly has appointed 29 countries as members of the United Nations Commission on International Trade Law (UNCITRAL), one of them being Indonesia.
A press release posted on the official UNCITRAL website (www.uncitral.org) stated that the newly appointed 29 members will replace the previous 30 members, which will end their terms on 7 July 2013. New UNCITRAL members will serve a six-year term starting on 8 July 2013.
“Regarding the last [30th position] member vacancy, UN General Assembly will conduct an election upon notification by interested states from the Western European and other states,” as stated in UNCITRAL press release.
Director of International Agreement on Economy, Social, and Cultural Affairs at the Ministry of Foreign Affairs Abdul Kadir asserted that the appointment of Indonesia as one of the UNCITRAL members has paved the way for Indonesia to show the country’s involvement in drafting trade-related international laws.
In relation to Indonesia’s domestic affairs, Kadir explained that the appointment of Indonesia as one of the UNCITRAL members will affect Indonesian laws and regulations on trade law.
He added that UNCITRAL has prepared a Model Law which will act as a reference for Indonesia on drafting trade-related laws and regulations.
Huala Adolf, international law professor of Universitas Padjajaran, stated that one of the benefits of being appointed as one of the UNCITRAL members is that Indonesia will be able to develop better trade laws by adopting modern international trade laws issued by UNCITRAL.
“The thing is, does [Indonesia] want to make use of its position or not? Do we feel the need to or not? The only thing UNCITRAL can do is wait for our initiative,” the professor explained.
It should be noted that although Indonesia has been appointed as one of the members, there are some UNCITRAL conventions that have not yet been ratified by Indonesia, including Convention on the Contracts for the International Sale of Goods.
Abdul Kadir affirmed that being an UNCITRAL member does not mean that Indonesia must ratify all UNCITRAL conventions. He added that ratification has it’s own procedures, including a consultation with related ministries.
Meanwhile, Huala Adolf stated that ratification of international conventions, which in this case refers to UNCITRAL conventions, depends on the Government needs.
“UNCITRAL has issued modern trade-related laws and regulations such as Convention on the Contracts for the International Sale of Goods, but once again, it depends on the country, will the Government ratify the convention? Or not?” he asked.
He urged the Government to ratify UNCITRAL conventions because Indonesia’s trade-related regulations have fallen behind with international development.
As a comparison, Adolf informed that Singapore has adopted all UNCITRAL conventions. Singapore, as he admitted, is highly aware that a country’s competitiveness is not only measured by economic competitiveness, but also by legal competitiveness.
It should be noted that the importance of the Convention on the Contracts for the International Sale of Goods has been acknowledged by international law experts many years before.