Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 25 Indonesia: Indonesian Perspectives on the Hague Principles »
John Lumbantobing, Bayu Seto HardjowahonoFrom: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter highlights Indonesian perspectives on the Hague Principles. Generally speaking, private international law (PIL) in Indonesia is not an area of law where statutory rules have developed in a comprehensive and systematic manner. Rules on many aspects of private international law, including the freedom of choice of law, remain very rudimentary and do not address sufficiently complicated legal questions surrounding modern commercial transactions. The chapter then analyses Indonesian PIL doctrines and court decisions on party autonomy in contracts. It is uncertain whether and how far the Hague Principles can be accepted as a persuasive authority in the interpretation, supplementation, and/or development of the applicable rules and principles of private international law before the Indonesian courts. In principle, there is no restriction for the courts to refer to international instruments as sources of inspiration for interpreting or filling gaps of existing rules. However, Indonesian courts are infamously insular and are not receptive to foreign materials, particularly ‘soft law’ resources which are not part of national laws of a sovereign state.