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Cross-Border Legal Relations Increasingly Complex, Private International Law Bill Urged to Be Anticipatory

| | Source: REPUBLIKA Translated from Indonesian | Legal
Cross-Border Legal Relations Increasingly Complex, Private International Law Bill Urged to Be Anticipatory
Image: REPUBLIKA

The Indonesian Advocates Association (PERADI Profesional) has discussed and provided input on the drafting of the Private International Law Bill (RUU HPI), which is currently being deliberated by the House of Representatives (DPR). The input was delivered during a Public Hearing (RDPU) with the Special Committee for the Private International Law Bill at the Parliament Complex in Senayan, Jakarta, on Monday (13/7/2026).

Chairman of PERADI Profesional, Harris Arthur Hedar, urged for the anticipation of increasingly complex cross-border legal relations during the bill’s discussion. Prof Harris also highlighted the importance of more adaptive rules concerning technology-based legal relations.

“We view the RUU HPI as an important milestone in the renewal of Indonesia’s international legal history amidst increasing human mobility, foreign investment activities, international trade, digital transactions, international arbitration, cross-border asset protection, and global technological developments. Therefore, Indonesia needs a legal system that provides certainty, justice, and benefit for all parties,” Prof Harris said in a statement.

He added that PERADI Profesional welcomes the DPR’s initiative to draft the Private International Law Bill as part of an effort to establish a national legal system. “A system that is modern, responsive, and adaptive in facing global developments, yet remains based on Pancasila, the 1945 Constitution, and Indonesia’s national interests,” he explained.

The Professor from Makassar State University (UNM) acknowledged that currently, various private international law issues are still scattered across different provisions, jurisprudence, and judicial practices. This condition, he said, causes legal uncertainty, particularly regarding judicial competence, choice of law, choice of forum, recognition of foreign judgments, and the enforcement of international rulings.

“Based on that, all the input we have submitted is the result of a comprehensive study conducted by the PERADI Profesional team, taking into account national law, judicial practices, comparative law, and various relevant international legal instruments,” he concluded.

Meanwhile, the Secretary General of the National Leadership Council (DPN) of PERADI Profesional, Yuhelson, presented a number of recommendations regarding the drafting of the Private International Law Bill. The first recommendation, he said, is to expand the scope of the law to accommodate future legal practices. “Our recommendation is to expand the scope of the HPI Law to accommodate evolving legal practices in the future. Concretely, in Article 4 paragraph 2, the proposal is to add provisions,” he stressed.

Furthermore, he stated that PERADI Profesional recommends an affirmation of the relationship between choice of law, choice of forum, and Indonesian jurisdiction within the bill. He believes this is necessary to ensure legal certainty as an objective of the HPI’s creation. “We recommend that these parameters include the principles within the law, Pancasila, the 1945 Constitution, or mandatory laws, citizens’ constitutional rights, and national interests,” he said.

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