Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)

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Establishing Jurisdiction of Indonesian Courts in Transnational Contract Case: A Respond to Global Economic Changes

Authors
Herliana Herliana1, *, Sujayadi Sujayadi1
1Faculty of Law, University of Gadjah Mada, Yogyakarta, Indonesia
*Corresponding author. Email: herliana@mail.ugm.ac.id
Corresponding Author
Herliana Herliana
Available Online 31 December 2023.
DOI
10.2991/978-2-38476-180-7_58How to use a DOI?
Keywords
Transnational Contract; Court Jurisdiction; Judges
Abstract

The lack of certainty is often exist in international contract because there are more than one jurisdictions involves. Contract enforcement is crucial to sustain economic growth. Efficient law enforcement will not be achieved without a well-functioning judiciary that resolves contract disputes in a speedy manner, predictable and accessible to the parties. To further develop the economy, Indonesian courts need to support contract law enforcement by having a clear parameter on how to establish jurisdiction over contract involving foreign elements. This would enhance the efficiency of the judiciary, which will result in improving business climate in the country. This paper provides an analysis on how the court can establish its jurisdiction over transnational contract. It will look into the practice of the United States and the United Kingdom experiences. This is a juridical normative analysis that will use cases as the basis of the study. This paper argues that establishing jurisdiction over transnational contract is the starting point for legal protection for parties toward contract breach. Judges need to maintain consistency in determining courts’ jurisdiction towards international contract. When judges consistently apply the parameters, the problem of lack of certainty can be overcome accordingly.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
31 December 2023
ISBN
978-2-38476-180-7
ISSN
2352-5398
DOI
10.2991/978-2-38476-180-7_58How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Herliana Herliana
AU  - Sujayadi Sujayadi
PY  - 2023
DA  - 2023/12/31
TI  - Establishing Jurisdiction of Indonesian Courts in Transnational Contract Case: A Respond to Global Economic Changes
BT  - Proceedings of the International Conference on “Changing of Law: Business Law, Local Wisdom and Tourism Industry” (ICCLB 2023)
PB  - Atlantis Press
SP  - 544
EP  - 555
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-180-7_58
DO  - 10.2991/978-2-38476-180-7_58
ID  - Herliana2023
ER  -