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Kamis, Februari 29, 2024

MA Urges Government to Further Develop Regulatory Frameworks on Private International Law

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The Head of the Civil Chamber at the Supreme Court (Mahkamah Agung – "MA"), Justice I Gusti Agung Sumanatha ("Justice"), has stated that national competitiveness in terms of the settlement of international, cross-border trade disputes needs to be improved in order to support global efforts to improve the lives and well-being of citizens across the globe through increased trade and investment.
Against this backdrop, the Justice has affirmed that the maritime transportation sector is one example of the crucial areas that remain to be addressed in Indonesia in terms of the international commercial trade sector. The Justice has also stated that the principles of freedom of contract and pacta sunt servanda are among the legal principles that are supporting the ongoing development of global businesses. In this regard, the Justice has also confirmed that various international commercial tribunals have now been established as an alternative to the existing mediation and arbitration dispute settlement methods.
The Justice has claimed that the current Indonesian regulatory frameworks that specifically address cross-border dispute settlement require further development as they still refer to various procedural civil laws that date back to Indonesia's colonial era. As such, the current regulatory ecosystem limits the flexibility of Indonesian courts to adjudicate complex cross-border disputes.
Given these circumstances, and against a backdrop of government efforts to develop a number of different frameworks that will ultimately accommodate Private International Law ("PIL"), the Justice has stated that the MA is urging the government to expedite the development of a national framework on PIL. Similarly, the Head of the MA, Chief Justice Prof. Muhammad Syarifuddin ("Chief Justice"), previously submitted a letter to the government encouraging it to pay special attention to the development of PIL legal instruments so that they can be ratified at the earliest juncture, a move which the Chief Justice deems crucial in terms of improving national capabilities during attempts to resolve cross-border disputes.
For more on this story, see Hukumonline: “MA Dorong Pemerintah Kembangkan Instrumen Hukum Perdata Internasional”.

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The Head of the Civil Chamber at the Supreme Court (Mahkamah Agung – "MA"), Justice I Gusti Agung Sumanatha ("Justice"), has stated that national competitiveness in terms of the settlement of international, cross-border trade disputes needs to be improved in order to support global efforts to improve the lives and well-being of citizens across the globe through increased trade and investment.
Against this backdrop, the Justice has affirmed that the maritime transportation sector is one example of the crucial areas that remain to be addressed in Indonesia in terms of the international commercial trade sector. The Justice has also stated that the principles of freedom of contract and pacta sunt servanda are among the legal principles that are supporting the ongoing development of global businesses. In this regard, the Justice has also confirmed that various international commercial tribunals have now been established as an alternative to the existing mediation and arbitration dispute settlement methods.
The Justice has claimed that the current Indonesian regulatory frameworks that specifically address cross-border dispute settlement require further development as they still refer to various procedural civil laws that date back to Indonesia's colonial era. As such, the current regulatory ecosystem limits the flexibility of Indonesian courts to adjudicate complex cross-border disputes.
Given these circumstances, and against a backdrop of government efforts to develop a number of different frameworks that will ultimately accommodate Private International Law ("PIL"), the Justice has stated that the MA is urging the government to expedite the development of a national framework on PIL. Similarly, the Head of the MA, Chief Justice Prof. Muhammad Syarifuddin ("Chief Justice"), previously submitted a letter to the government encouraging it to pay special attention to the development of PIL legal instruments so that they can be ratified at the earliest juncture, a move which the Chief Justice deems crucial in terms of improving national capabilities during attempts to resolve cross-border disputes.
For more on this story, see Hukumonline: “MA Dorong Pemerintah Kembangkan Instrumen Hukum Perdata Internasional”.

......

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PRO PLUS

Rp 7.500.000

per bulan

Semua Fitur Paket Professional
Layanan Penerjemahan Peraturan
Precedent Hukumonline
Virtual Discussion

PROFESSIONAL

Rp 4.500.000

per bulan

Semua Fitur Paket Standard
Terjemahan Peraturan
Peraturan Konsolidasi
Premium Stories
Monthly Law Review (MLR)
Indonesian Law Digest (ILD)

STANDARD

Rp 2.500.000

per bulan

Indonesian Legal Brief (ILB)
Daily Updates
Bantuan Layanan Pencarian Peraturan
Pusat Data Peraturan dan Putusan Pengadilan Non-Precedent

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