Balance Indonesia Regulation of Agreement

 Harmonize Indonesia Law of Contract Essay





(Faculty of Regulation Atma Jaya Catholic University or college Indonesia, Jakarta) Email: samuel. [email protected] alternating current. id/ [email protected] com


At the previous time you will find two things offers influence to Indonesia regulation of contract, first of all adat law and second Nederlander rules. Adat law you will find in each tribe or clan living on Philippines archipelago had been governed by way of a own customary which also included contract rules, because just before Dutch found Indonesia in 1596, every single tribe in daily activity had been set up by adat law. When ever Dutch come to Dalam negri archipelago, they brought a large number of rules associated with their legal system and until now Philippines still implemented their rules such as Municipal Code (Burgelijk Wetboek), Business Code (Wetboek van Koophandel), these codes were pretty much Dutch translation from People from france Code Municipal and Code du Business. The Civil Code was promulgated in Indonesia by simply Government Story on The spring 30, 1847, Government Feuille 1847 no 23 and applied because the 1st January 1848.

At present, as a effects from wide open system in Indonesia Law of Contract, that is provides chance to everybody free to make any type of contract, even that international contract. International contract linked to foreign investment or international trade, because Indonesia will need foreign entrepreneur to increase financial growth. Whatever the case, if we assess between the agreement that is make concerning Indonesia Law of Contract based regulated about Civil Code and foreign contracts has a many difference. Therefore the balance between Philippines Law of Contract with foreign agreement that is generally used based upon Common Rules System required to make deal can be put in force by every single party or prevent and minimize miss understanding involving the party of contract that rise the conflict.


Indonesia contract legislation is a style contract rules under impact of two separate system, Indonesia City Code (Kitab Undang-undang Hukum Perdata)[1]and Adat law. Philippines Civil Code comes from Nederlander Law divided become several book there are[2]#@@#@!!: a. Book one: Person

b. Publication two: Home

c. Publication three: Contract

d. Publication four: Resistant and expiry

Dutch rules became suitable in Dalam negri till present because, when Dutch reached Indonesia, there is not any law appropriate in general in the Indonesia archipelago. Indonesia which can be consist of 1000 tribe or perhaps clan living on these types of island had been governed by their own customary law also to avoid cleaner of rules Indonesia federal government through Philippines constitution 1945 arrange a rule in Article We of Transitional Provisions of constitution of 1945 proclaimed that all laws in force at time of statement of self-reliance would continue to be until changed by new laws relative to constitution of 1945. This can be ones reason Indonesia City Code or perhaps Indonesia Legislation derives Dutch Law appropriate and it is frequently said that Philippines Civil Legislation belong to the group of Continental Civil Legislation System as opposed to the Common Law System[3]. This description is not really wrong to clarify that much of Indonesia Rules derives coming from Dutch, but the statement can be not entirely right.

When the 1st Dutch boats landed in the Indonesia Islands, they did not really find a juridical empty property. The terrain was packed with legal institution. There was selection of laws from the beginning from the days of VOC (vereenigde Oost Indische Compagnie) or United East Indian Company. Right from the start of Nederlander colonization, the in habitants of the Indonesia archipelago had been divided pertaining to legal purposes into various population group. This variation was not completely based on ethnicity differentiation, although also based upon economic things to consider[4]. Act 163 of Indische Staatsregeling (IS)[5] divided Indonesia community into three basic inhabitants groups[6]#@@#@!!:

1 ) Europeans this kind of group comes with:

a. Dutchment;


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[3]#@@#@!!. Timothy Lindsey, An understanding of Dalam negri Law, In Indonesia Regulation and Culture, Sydney: the Federation Press, 1999. s. 1 .

[4]#@@#@!!. Sudargo Gautama, The Industrial Laws of Indonesia, Bandung: Citra Aditya Bakti, 1998. p. several


[6]#@@#@!!. Sudargo Gautama, Robert Hornick, An Introduction to Dalam negri Law, Alumni, 1983 g. 4


[8]#@@#@!!. Sudargo Gautama, Indonesia Business Law, Kesan Aditya Bakti, 1995, l. 68-70.

[9]#@@#@!!. Supomo, Bab-bab tentang Hukum Adat, 1966, p. 22-23


[11]#@@#@!!. possuir Haar, Adat Law in Indonesia, Jakarta, 1962 s. 234.

hubby is no longer in effect (Supreme Court docket Circular Page no . 3/1963).

[22]#@@#@!!. Find Jones versus Free Flight Sport Flying, Inc 623 P. second 370 (1981) Supreme The courtroom Colorado


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[27]#@@#@!!. observe e. g Carlill sixth is v Carbolic Smoke cigars Ball Company (1893) 1 QB 256 CA


[29]#@@#@!!. Henry R Cheeseman, Modern-day Business & E Commerce Law, third edition, Prentice Hall, Fresh

Jersey, 2000 p

[30]#@@#@!!. see. More Hyde sixth is v Wrench (1840) 3 Beav 334 206.

[31]#@@#@!!. Malor, Barnes, Bower. Langvard, Business Law, The Ethical, Global and Elizabeth commerce Environtment,

12th copy, McGraw-Hill Businesses, New York, 2005 P

[35]#@@#@!!. Sunaryati Hartono, Setiawan, The Indonesia Rules on Deal, Institute of Developing Economics,

Japan, 2001, p