Jakarta — Public Relations: The Central Board of the Indonesian Judges Association (PP IKAHI) has submitted several strategic recommendations to the House of Representatives (DPR RI) Special Committee on the Private International Law Bill (RUU HPI).

During a Public Hearing (RDPU) at the DPR RI Complex in Jakarta, the General Chairperson of PP IKAHI, Prof. Yanto, explained that judges currently face significant challenges on the ground due to regulatory limitations.

Existing regulations are considered partial and are largely inherited from the Dutch colonial era, such as the Algemene Bepalingen van Wetgeving (AB).

"Current judicial practices still refer to legal provisions left behind by the Dutch colonial government (AB), legal doctrines, and jurisprudence. Diverse interpretations by judges mean there are no standard guidelines regarding the recognition and enforcement of foreign decisions," the Chairperson stated during the presentation.

IKAHI emphasized that the RUU HPI should serve as a guide for determining choice of Law and choice of Jurisdiction.

This is deemed essential to reduce disparities in court rulings and increase legal predictability in the eyes of the international community.

One of crucial point raised the execution of foreign court decisions. Referring to Article 436 of the RV (Reglement op de Rechtsvordering), foreign court decisions are generally not executable in Indonesia and require a new lawsuit to be filed locally. IKAHI hopes the new Bill will clarify these mechanisms, including rules on proving foreign law and the specific requirements for execution.

"The choice of law is vital to accommodate legal differences and determine which law serves as the reference in business transactions. With a clear choice of law, dispute resolution becomes much easier for all parties involved," Prof. Yanto added.

Beyond technicalities, IKAHI reminded the committee to balance international openness with the protection of national interests. This includes ensuring that Indonesian law still applies to cases involving public interest and ensuring rulings do not conflict with "public order" (ketertiban umum).

In closing, IKAHI expressed hope that these inputs would strengthen the quality of the draft Bill to meet the challenges of globalization.

"This Bill is expected to be more than just a normative instrument; it must answer practical needs and global challenges, thereby strengthening Indonesia's position as an independent, credible, and competitive constitutional state," he concluded. (sk/ds/RS/Photo:sno/Translate: azh)