Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)

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International Jurisdiction of the Indonesian Court in Private International Law Litigation

Authors
Herliana Herliana1, *, Sujayadi Sujayadi1
1Faculty of Law, Universitas Gadjah Mada, Bulaksumur, Yogyakarta, Indonesia
*Corresponding author. Email: herliana@mail.ugm.ac.id
Corresponding Author
Herliana Herliana
Available Online 24 December 2022.
DOI
10.2991/978-2-494069-65-7_7How to use a DOI?
Keywords
Court Jurisdiction; Indonesian Court; Civil Litigation; Private International Law
Abstract

This article will evaluate Indonesian statutory law that can be used as the basis for the Indonesian court to assert jurisdiction over defendants residing abroad. The analysis of this article will be based on legal doctrinal research with statutory and comparative approaches. The instrument used as the comparison rule is the ALI/ UNIDROIT Principles of Transnational Civil Procedure, a ‘soft law’ instrument in which some basic principles of civil procedure applicable in civil law and common law systems converge. The analysis will show that some rules in Indonesian civil procedure can be the basis for the Indonesian court to exercise jurisdiction over non-resident defendants, with considerable attention given to Article 100 Rv. Parallel with its exorbitant jurisdiction, it will be shown that the Indonesian court may also assert jurisdiction in consumer disputes against a trade residing abroad as long as its products are distributed in Indonesia. The Indonesian court also has jurisdiction over labour disputes involving an employer domiciled abroad so far as the employees perform their employment obligation within Indonesian territory.

Copyright
© 2022 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 Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
24 December 2022
ISBN
978-2-494069-65-7
ISSN
2352-5398
DOI
10.2991/978-2-494069-65-7_7How to use a DOI?
Copyright
© 2022 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  - 2022
DA  - 2022/12/24
TI  - International Jurisdiction of the Indonesian Court in Private International Law Litigation
BT  - Proceedings of the International Conference on Sustainable Innovation on Humanities, Education, and Social Sciences (ICOSI-HESS 2022)
PB  - Atlantis Press
SP  - 62
EP  - 72
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-65-7_7
DO  - 10.2991/978-2-494069-65-7_7
ID  - Herliana2022
ER  -