This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes.
The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.
By:
Dr Afifah Kusumadara
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 244mm,
Width: 169mm,
Weight: 662g
ISBN: 9781509924332
ISBN 10: 1509924337
Series: Studies in Private International Law - Asia
Pages: 288
Publication Date: 20 May 2021
Audience:
Professional and scholarly
,
Undergraduate
Format: Hardback
Publisher's Status: Active
1. Introduction I. The Subject Matter of Private International Law II. Sources of Private International Law III. History of Private International Law in Indonesia A. Before Independence B. Aft er Independence IV. Preliminary Matters A. Characterisation B. Incidental Question C. Dépeçage D. Renvoi and Transmission V. Connecting Factors A. Nationality B. Domicile C. Residence VI. Substance and Procedure A. Procedure B. Substance VII. Proof of Foreign Law and Other Evidentiary Matters A. Proving Foreign Law B. Taking Evidence in Indonesia for Use in Foreign Proceedings C. Taking Evidence Abroad for Use in Indonesian Proceedings VIII. Mandatory Rules, Ordre Public, Public Law, and the Evasion of Law A. Ordre Public and Public Law B. Mandatory Rules C. Evasion of Law 2. Jurisdiction I. Jurisdiction in Personam A. General Principles B. Special Rules II. Jurisdiction in Shipping Claims A. Jurisdiction of the Indonesian Court B. Th e Process of Ship Arrest in Indonesia III. Immunities from Jurisdiction A. Sovereign Immunity B. State-Owned Enterprises (SOEs) 3. Choice of Law I. Law of Obligations 0 A. Contracts B. Specific Contracts C. Torts D. Unjust Enrichment E. Trusts and Charitable Foundations II. Law of Property A. Immovable Property B. Transfer of Movable Property C. Expropriation D. Succession to Property III. Intellectual Property IV. Family Law A. Marriage B. Matrimonial Causes C. Children D. Mental Incapacity V. Law of Corporations and Insolvency and Law of Bankruptcy A. Capacity, Agency and Internal Management B. Bankruptcy and Insolvency C. Cross-Border Insolvency VI. Competition Law 4. Recognition and Enforcement of Foreign Judgments I. Recognition A. General Principles B. Special Rules II. Enforcement of Judgments A. Means of Enforcing Judgments in Indonesia B. Procedures for Enforcing Judgments 5. Arbitration I. International Commercial Arbitration A. Jurisdiction of the Arbitral Tribunal B. Choice of Law C. Recognition and Enforcement of Arbitral Awards II. Investment Treaty Arbitration A. Jurisdiction of the Arbitral Tribunal B. Choice of Law C. Recognition and Enforcement of Arbitral Awards 6. The Harmonisation of Private International Law I. Indonesia’s Role in the Work of the Hague Conference, UNCITRAL, UNIDROIT and Other Organisations II. Conclusion and the Future of Private International Law
Afifah Kusumadara teaches at the Law Faculty of Brawijaya University in Malang, Indonesia.
Reviews for Indonesian Private International Law
This is a thorough and carefully structured account of the agglomeration of court decisions, scholarly writing and scanty regulation that constitutes private international law in Indonesia. No scholar working in the area in future will be able to avoid reference to this book, which is the first major English language work on Indonesian private international law. It contributes to, and clearly surpasses, the limited English-language scholarly literature on aspects of private international law in Indonesia. -- Simon Butt and Tim Lindsey * Australian Journal of Asian Law * This work will be a great resource for both Indonesian and non-Indonesian readers that want to have a holistic view on this subject. Law scholars and practitioners who want to understand the complex legal system of the country will benefit greatly from reading this book. -- Viona Wijaya * Indonesian Law Journal *
