- 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”.
......
Subscribe to read more legal analysis.
Hukumonline Pro Intelligence
Platform AI hukum terpercaya sebagai solusi komprehensif riset Anda
*Syarat dan ketentuan berlaku
Ada Pertanyaan? Hubungi Kami 
Professional Solutions
University Solutions
Pro
My Workspace
Pro AI
Terfavorit
Allex QnA
Pro Compliance
