Indonesian Private International Law

Kusumadara, Afifah; Saraswati, Anak Agung Ayu Nanda; Liemanto, Airin; Maharani, Diah Pawestri; Ganindha, Ranitya; Hitaningtyas, Ratih Dheviana Puru; Dewantara, Reka; Suwardiyati, Rumi; Wicaksono, Setiawan

doi:10.5040/9781509924363

Cited by 2 publications

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“…When the case concerns immovable property within Indonesian territory, the Indonesian court where the property is situated has exclusive jurisdiction in accordance with Article 118(3) of the HIR. The principle laid down in the article is forum rei sitae, which means that the forum where the property is situated shall have jurisdiction [10]. The defendant who resides abroad may have interests in the immovable property and can be sued before an Indonesian court.…”

Section: Indonesian Civil Procedures As the Basis For The Indonesian ...mentioning

confidence: 99%

International Jurisdiction of the Indonesian Court in Private International Law Litigation

Herliana¹,

Sujayadi²

2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

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This article will evaluate Indonesian statutory law that can be used as the basis for the Indonesian court to assert jurisdiction over defendants residing abroad. The analysis of this article will be based on legal doctrinal research with statutory and comparative approaches. The instrument used as the comparison rule is the ALI/ UNIDROIT Principles of Transnational Civil Procedure, a 'soft law' instrument in which some basic principles of civil procedure applicable in civil law and common law systems converge. The analysis will show that some rules in Indonesian civil procedure can be the basis for the Indonesian court to exercise jurisdiction over non-resident defendants, with considerable attention given to Article 100 Rv. Parallel with its exorbitant jurisdiction, it will be shown that the Indonesian court may also assert jurisdiction in consumer disputes against a trade residing abroad as long as its products are distributed in Indonesia. The Indonesian court also has jurisdiction over labour disputes involving an employer domiciled abroad so far as the employees perform their employment obligation within Indonesian territory.

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Section: Indonesian Civil Procedures As the Basis For The Indonesian ...mentioning

confidence: 99%

International Jurisdiction of the Indonesian Court in Private International Law Litigation

Herliana¹,

Sujayadi²

2022

Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS

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Corruption and Illegality in Asian Investment Disputes: Indonesia

Butt,

Crockett,

Lindsey

2024

Asia in Transition

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Indonesia is notorious for high levels of corruption. This has remained the case in spite of significant reforms made since the collapse of the Soeharto government in 1998. This chapter briefly introduces some of the key law reforms which have sought to address corruption in Indonesia as well as ongoing concerns regarding high levels of corruption in the judicial system, which is one of the factors leading investors in Indonesia to prefer arbitration for resolving disputes. The chapter then considers the legal framework for international commercial arbitration in Indonesia, particularly relating to enforcement of arbitration awards and recent changes to Indonesia's policy relating to investment treaties and investor–state dispute resolution. The chapter includes consideration of two investor–state arbitrations involving Indonesia which featured allegations of corruption.

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Indonesian Private International Law

Cited by 2 publications

References 0 publications

International Jurisdiction of the Indonesian Court in Private International Law Litigation

International Jurisdiction of the Indonesian Court in Private International Law Litigation

Corruption and Illegality in Asian Investment Disputes: Indonesia

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