The Indonesian Advocates Association (Peradi Profesional) is pushing\nfor the strengthening of the International Civil Law Bill (RUU HPI) to\nanticipate increasingly complex cross-border legal relations. The input\nwas delivered directly during a Public Hearing Meeting (RDPU) with the\nRUU HPI Special Committee at the Parliament Complex in Senayan, Jakarta,\non Monday (13\/7).<\/p>\n
Peradi Profesional Chairman, Harris Arthur Hedar, encouraged\nanticipation of increasingly complex cross-border legal relations in the\ndiscussion of the International Civil Law Bill (RUU HPI). Prof Harris\nadded the importance of more adaptive rules regarding technology-based\nlegal relations.<\/p>\n
\u201cWe view the RUU HPI as one of the important milestones in the\nrenewal of Indonesia\u2019s international legal history amidst increasing\nhuman mobility, foreign investment activities, international trade,\ndigital transactions, international arbitration, cross-border asset\nprotection, and global technological developments. Therefore, Indonesia\nneeds a legal system that provides certainty, justice, and benefit for\nall parties,\u201d said Prof Harris.<\/p>\n
Therefore, Harris said, Peradi Profesional welcomes the DPR\u2019s\ninitiative in drafting the International Civil Law Bill (RUU HPI) as\npart of an effort to construct a national legal system. \u201cA system that\nis modern, responsive, and adaptive in facing global developments, yet\nstill based on Pancasila, the 1945 Constitution, and Indonesia\u2019s\nnational interests,\u201d he explained.<\/p>\n
The Professor from Makassar State University (UNM) acknowledged that\nvarious international civil law issues are currently scattered across\ndiverse provisions, jurisprudence, and judicial practices. This\ncondition, he said, causes legal uncertainty, particularly regarding\njudicial competence, choice of law, choice of forum, recognition of\nforeign judgments, and the execution of international rulings.<\/p>\n
\u201cBased on that, all the input we have submitted is the result of a\ncomprehensive study conducted by the Peradi Profesional team, taking\ninto account national law, judicial practice, comparative law, and\nvarious relevant international instruments,\u201d he concluded.<\/p>\n
Meanwhile, the Secretary General of the National Board of Peradi\nProfesional, Yuhelson, presented a number of recommendations from his\norganisation regarding the drafting of the RUU HPI. The first\nrecommendation, he said, is to expand the scope of the law to\naccommodate future legal practices. \u201cOur recommendation is to expand the\nscope of the RUU HPI to accommodate evolving legal practices.\nConcretely, in Article 4 paragraph 2, the proposal is for an addition,\u201d\nhe stressed.<\/p>\n
Furthermore, he said, Peradi Profesional recommends clarifying the\nrelationship between choice of law, choice of forum, and Indonesian\njurisdiction within the RUU HPI. He feels this is necessary to ensure\nlegal certainty as an objective of the HPI\u2019s creation. \u201cWe recommend\nthat these parameters include the rules within the law, Pancasila, the\n1945 Constitution, or mandatory law, citizens\u2019 constitutional rights,\nand national interests,\u201d he said.<\/p>\n
Yuhelson further stated that Peradi Profesional also provided\nrecommendations regarding the recognition and enforcement of foreign\ncourt rulings. He observed that the bill and its academic draft do not\nyet regulate in detail the procedures, time limits, or scope of judicial\nreview. \u201cTherefore, our recommendation is that the requirements,\nprocedures, and time limits for examination, as well as the scope of the\njudge\u2019s assessment and the grounds for rejecting a foreign court ruling,\nbe regulated in detail,\u201d he explained.<\/p>\n
The next recommendation concerns international judicial cooperation.\nIn the bill and its academic draft, Peradi Profesional sees that the\nprovisions for assistance from foreign authorities are still general in\nnature. \u201cPeradi Profesional\u2019s view is that this practice requires clear\nprocedures regarding the exchange of information, evidence, and witness\nexamination. These are concrete and practical matters that we have\nexperienced and hope can be accommodated in the RUU HPI. Therefore, in\nthe recommendations we have submitted, we want to add regulations on\ncross-border judicial cooperation mechanisms along with their\nimplementing rules,\u201d he explained.<\/p>\n
Another recommendation is regarding harmonisation with national\nlegislation. In the bill and its academic draft, Peradi Profesional sees\nthat the relationship between the bill and various sectoral laws has not\nbeen comprehensively explained. \u201cFor this reason, we recommend\nharmonisation with the Civil Code, the Judicial Powers Law, the\nArbitration Law, the Dispute Settlement Law, the Notary Law, the\nBankruptcy Law, and the Population Administration Law. Because these are\nthe laws related to the implementation of the HPI,\u201d he detailed.<\/p>\n
Yuhelson added that the next recommendation concerns harmonisation\nwith international conventions. He stated that this harmonisation is\nnecessary to maintain national law for the benefit of Indonesia. \u201cOur\nrecommendation is that the application of international law be carried\nout in accordance with national legal mechanisms and remain guided by\nPancasila and the 1945 Constitution,\u201d he said.<\/p>\n
Finally, Yuhelson stressed the importance of strengthening the\ncapacity of law enforcement officers within the RUU HPI. He noted that\nthe bill and its academic draft do not yet address institutional\ncapacity building. \u201cFor this reason, our view is that the successful\nimplementation of legislation depends heavily on the competence of\njudges, advocates, court clerks, notaries, and other legal\nprofessionals,\u201d he stated.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/peradi-professional-submits-recommendations-for-international-civil-law-bill-1783936238", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }