Parliament Drafts International Private Law Bill to Address Cross-Border Cases

JAKARTA, KOMPAS.com - The House of Representatives (DPR) is currently drafting a Bill on International Private Law (HPI) to address the increasingly complex cross-border legal relations in the era of globalisation.

Deputy Chairman of the Special Committee (Pansus) for the HPI Bill in the DPR RI, Soedeson Tandra, emphasised that International Private Law is a branch of private law that regulates legal relations between individuals or legal entities from different countries.

“HPI also covers important aspects such as determining court jurisdiction, choice of applicable law, and the recognition and enforcement of foreign court decisions,” Soedeson told reporters on Wednesday (15/4/2026).

Soedeson explained that currently, HPI regulations in Indonesia still refer to colonial-era legislation, namely the Algemene Bepalingen van Wetgeving voor Indonesie (AB) Staatsblad 1847:23.

“In that regulation, particularly Articles 16, 17, and 18, HPI arrangements are still limited to territorial aspects,” he continued.

He opined that this situation is no longer relevant to the current global dynamics.

Moreover, cross-border interactions are now increasing, driven by technological developments and digitalisation.

“The HPI Act is expected to serve as a guide for judges in handling increasingly complex cross-border civil cases, especially those involving foreign elements,” he explained.

In addition, Soedeson noted that current judicial practices still use the Civil Code (Burgerlijk Wetboek), which does not comprehensively regulate HPI norms.

However, Soedeson said, the rise in cases with international dimensions demands stronger and more systematic legal certainty in their resolution.

“Hoping that Indonesia has a modern, adaptive legal foundation capable of providing legal certainty in facing the continuously evolving dynamics of international civil relations,” he wrote.