Special Committee of Parliament: International Civil Law Bill is a legal gateway

Jakarta - Deputy Chair of the Parliamentary Special Committee (Pansus) of the House of Representatives Soedison Tandra stated that the proposed International Civil Law bill serves as a gateway or entry point regarding legal interests between nations.

According to him, there is a likelihood that different countries may have varying legal interests. Therefore, he argued, this matter requires regulation and the relevant parties have the right to choose.

“This law is concise in nature, regulating only fundamental matters, whilst the details are subsequently left to the parties involved through what is called contractual freedom,” said Soedison during a parliamentary hearing at the parliamentary complex in Jakarta on Thursday.

However, he noted that points within the bill need to be carefully regulated to ensure that the principle of contractual freedom does not conflict with mandatory law.

For example, he cited cases where foreign nationals are prohibited from owning land, yet situations may arise involving descendants of Indonesian citizens who inherit property in Indonesia.

“How would that work? This is why all of this requires clarification,” he said.

Additionally, he considered it necessary to include provisions concerning cross-border insolvency or bankruptcy cases involving foreign parties within the bill, as such issues frequently occur.

“In our practice, we regularly encounter many problems, sometimes deliberately, where assets are being transferred elsewhere,” he said.

Previously, the Parliamentary Special Committee approved the commencement of discussions on the proposed International Civil Law bill following a working meeting with the Minister of Law and relevant government officials. All parliamentary factions have presented their positions and agreed to continue discussions on the bill.