Urgency in using Indonesia Language on Business Contracts and Potency of Investment Dispute: The Study of Supreme Court Decision Number 601 K/Pdt/2015

Johannes Kosasih, Yohanes Sirait

2021

Abstract

Supreme Court (MA) Decision Number: 601 K / Pdt / 2015 concerning lawsuit by PT. Bangun Karya Pratama Lestari against NINE AM LTD may induce a significant impact on the trust of foreign business actors to regulation and law enforcement. It is true that the use of the Indonesian language as required in Article 31 paragraph (1) of Law of the Republic of Indonesia Number: 24 of 2009 is mandatory in any agreement or memorandum of understanding involving State institutions, government agencies of the Republic of Indonesia, Indonesian private institutions, or Indonesian State individuals. However, the decision by the judiciary in Indonesia to cancel the agreement could hamper investment in Indonesia. Especially because the use of the Indonesian language is more formal than substance. This article is normative research, using primary, secondary, and tertiary legal material. The result shows that the urgency for judicial bodies in Indonesia to adopt decisions to the needs of the investment program initiated by the Government and consider the needs between two entities from different countries. The judges need to fairly measure good faith from both parties in an agreement and understand the differences between the substantial and formal requirements for a valid agreement.

Paper Citation

in Harvard Style

Kosasih J. and Sirait Y. (2021). Urgency in using Indonesia Language on Business Contracts and Potency of Investment Dispute: The Study of Supreme Court Decision Number 601 K/Pdt/2015. In Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS, ISBN 978-989-758-604-0, pages 306-311. DOI: 10.5220/0010751300003112

in Bibtex Style

@conference{ice-hums21,
author={Johannes Kosasih and Yohanes Sirait},
title={Urgency in using Indonesia Language on Business Contracts and Potency of Investment Dispute: The Study of Supreme Court Decision Number 601 K/Pdt/2015},
booktitle={Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,},
year={2021},
pages={306-311},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010751300003112},
isbn={978-989-758-604-0},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Emerging Issues in Humanity Studies and Social Sciences - Volume 1: ICE-HUMS,
TI - Urgency in using Indonesia Language on Business Contracts and Potency of Investment Dispute: The Study of Supreme Court Decision Number 601 K/Pdt/2015
SN - 978-989-758-604-0
AU - Kosasih J.
AU - Sirait Y.
PY - 2021
SP - 306
EP - 311
DO - 10.5220/0010751300003112