Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective
The study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal cert...
Saved in:
| Main Authors: | , , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
LPPM Universitas Muhammadiyah Sorong
2025-05-01
|
| Series: | Justisi |
| Subjects: | |
| Online Access: | https://ejournal.um-sorong.ac.id/index.php/js/article/view/4317 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1850183942675628032 |
|---|---|
| author | Geofani Lingga Meryadinata Shihaf Ismi Salman Najib Ahmad Bastomi |
| author_facet | Geofani Lingga Meryadinata Shihaf Ismi Salman Najib Ahmad Bastomi |
| author_sort | Geofani Lingga Meryadinata |
| collection | DOAJ |
| description | The study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal certainty in cross-border transactions.
This research method used a normative legal approach through a literature study with three approaches: statute, case, and comparative. The focus is on applying The Hague Principles 2015 on the choice of law in international contracts and its relevance to Indonesian positive law to strengthen legal certainty and the parties' autonomy.
The Novelty this study lies in the study of the potential adoption of THP 2015 in the Indonesian legal system, which until now has not officially recognized these principles. In addition, this study discusses the challenges of implementing legal options and forum options in national law and analyzes real cases of international contract disputes.
The study results show that the principle of choice of law in The Hague Principles 2015 upholds the parties' autonomy. However, Indonesian law has not optimally accommodated this principle, causing uncertainty in applying choice of law and forum clauses in international contracts involving national jurisdictions.
The conclusions of the Hague Principles 2015 affirm party autonomy in international contracts, allowing freedom to choose the applicable law. Though non-binding, they influence legal interpretation globally. Integration into Indonesia's legal system is recommended to enhance legal certainty, support cross-border trade, and guide judges, practitioners, and scholars in resolving international contract disputes. |
| format | Article |
| id | doaj-art-d37d1c053a8346bd9eb8bdc79424e44a |
| institution | OA Journals |
| issn | 1979-7532 2686-0821 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | LPPM Universitas Muhammadiyah Sorong |
| record_format | Article |
| series | Justisi |
| spelling | doaj-art-d37d1c053a8346bd9eb8bdc79424e44a2025-08-20T02:17:10ZengLPPM Universitas Muhammadiyah SorongJustisi1979-75322686-08212025-05-0111264065610.33506/js.v11i2.43174607Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law PerspectiveGeofani Lingga Meryadinata0Shihaf Ismi Salman Najib1Ahmad Bastomi2Malang Islamic UniversityMalang Islamic UniversityUniversity of ViennaThe study aims to examine the principle of choice of law in The Hague Principles 2015, assess the application of choice of law and forum clauses in international contract disputes, and evaluate the relevance and obstacles to its application in Indonesian law to encourage harmonization and legal certainty in cross-border transactions. This research method used a normative legal approach through a literature study with three approaches: statute, case, and comparative. The focus is on applying The Hague Principles 2015 on the choice of law in international contracts and its relevance to Indonesian positive law to strengthen legal certainty and the parties' autonomy. The Novelty this study lies in the study of the potential adoption of THP 2015 in the Indonesian legal system, which until now has not officially recognized these principles. In addition, this study discusses the challenges of implementing legal options and forum options in national law and analyzes real cases of international contract disputes. The study results show that the principle of choice of law in The Hague Principles 2015 upholds the parties' autonomy. However, Indonesian law has not optimally accommodated this principle, causing uncertainty in applying choice of law and forum clauses in international contracts involving national jurisdictions. The conclusions of the Hague Principles 2015 affirm party autonomy in international contracts, allowing freedom to choose the applicable law. Though non-binding, they influence legal interpretation globally. Integration into Indonesia's legal system is recommended to enhance legal certainty, support cross-border trade, and guide judges, practitioners, and scholars in resolving international contract disputes.https://ejournal.um-sorong.ac.id/index.php/js/article/view/4317choice of lawthe hague principles 2015international contracts |
| spellingShingle | Geofani Lingga Meryadinata Shihaf Ismi Salman Najib Ahmad Bastomi Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective Justisi choice of law the hague principles 2015 international contracts |
| title | Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective |
| title_full | Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective |
| title_fullStr | Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective |
| title_full_unstemmed | Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective |
| title_short | Choice of Law in International Contracts Based on the Hague Principles 2015: Indonesian Positive Law Perspective |
| title_sort | choice of law in international contracts based on the hague principles 2015 indonesian positive law perspective |
| topic | choice of law the hague principles 2015 international contracts |
| url | https://ejournal.um-sorong.ac.id/index.php/js/article/view/4317 |
| work_keys_str_mv | AT geofanilinggameryadinata choiceoflawininternationalcontractsbasedonthehagueprinciples2015indonesianpositivelawperspective AT shihafismisalmannajib choiceoflawininternationalcontractsbasedonthehagueprinciples2015indonesianpositivelawperspective AT ahmadbastomi choiceoflawininternationalcontractsbasedonthehagueprinciples2015indonesianpositivelawperspective |