Peradi Professional Submits Recommendations for International Civil Law Bill
The Indonesian Advocates Association (Peradi Profesional) is pushing for the strengthening of the International Civil Law Bill (RUU HPI) to anticipate increasingly complex cross-border legal relations. The input was delivered directly during a Public Hearing Meeting (RDPU) with the RUU HPI Special Committee at the Parliament Complex in Senayan, Jakarta, on Monday (13/7).
Peradi Profesional Chairman, Harris Arthur Hedar, encouraged anticipation of increasingly complex cross-border legal relations in the discussion of the International Civil Law Bill (RUU HPI). Prof Harris added the importance of more adaptive rules regarding technology-based legal relations.
“We view the RUU HPI as one of the important milestones 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,” said Prof Harris.
Therefore, Harris said, Peradi Profesional welcomes the DPR’s initiative in drafting the International Civil Law Bill (RUU HPI) as part of an effort to construct a national legal system. “A system that is modern, responsive, and adaptive in facing global developments, yet still based on Pancasila, the 1945 Constitution, and Indonesia’s national interests,” he explained.
The Professor from Makassar State University (UNM) acknowledged that various international civil law issues are currently scattered across diverse 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 execution 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 practice, comparative law, and various relevant international instruments,” he concluded.
Meanwhile, the Secretary General of the National Board of Peradi Profesional, Yuhelson, presented a number of recommendations from his organisation regarding the drafting of the RUU HPI. 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 RUU HPI to accommodate evolving legal practices. Concretely, in Article 4 paragraph 2, the proposal is for an addition,” he stressed.
Furthermore, he said, Peradi Profesional recommends clarifying the relationship between choice of law, choice of forum, and Indonesian jurisdiction within the RUU HPI. He feels this is necessary to ensure legal certainty as an objective of the HPI’s creation. “We recommend that these parameters include the rules within the law, Pancasila, the 1945 Constitution, or mandatory law, citizens’ constitutional rights, and national interests,” he said.
Yuhelson further stated that Peradi Profesional also provided recommendations regarding the recognition and enforcement of foreign court rulings. He observed that the bill and its academic draft do not yet regulate in detail the procedures, time limits, or scope of judicial review. “Therefore, our recommendation is that the requirements, procedures, and time limits for examination, as well as the scope of the judge’s assessment and the grounds for rejecting a foreign court ruling, be regulated in detail,” he explained.
The next recommendation concerns international judicial cooperation. In the bill and its academic draft, Peradi Profesional sees that the provisions for assistance from foreign authorities are still general in nature. “Peradi Profesional’s view is that this practice requires clear procedures regarding the exchange of information, evidence, and witness examination. These are concrete and practical matters that we have experienced and hope can be accommodated in the RUU HPI. Therefore, in the recommendations we have submitted, we want to add regulations on cross-border judicial cooperation mechanisms along with their implementing rules,” he explained.
Another recommendation is regarding harmonisation with national legislation. In the bill and its academic draft, Peradi Profesional sees that the relationship between the bill and various sectoral laws has not been comprehensively explained. “For this reason, we recommend harmonisation with the Civil Code, the Judicial Powers Law, the Arbitration Law, the Dispute Settlement Law, the Notary Law, the Bankruptcy Law, and the Population Administration Law. Because these are the laws related to the implementation of the HPI,” he detailed.
Yuhelson added that the next recommendation concerns harmonisation with international conventions. He stated that this harmonisation is necessary to maintain national law for the benefit of Indonesia. “Our recommendation is that the application of international law be carried out in accordance with national legal mechanisms and remain guided by Pancasila and the 1945 Constitution,” he said.
Finally, Yuhelson stressed the importance of strengthening the capacity of law enforcement officers within the RUU HPI. He noted that the bill and its academic draft do not yet address institutional capacity building. “For this reason, our view is that the successful implementation of legislation depends heavily on the competence of judges, advocates, court clerks, notaries, and other legal professionals,” he stated.