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ADOPSI PARSIAL UNIDROIT DALAM HUKUM KONTRAK BISNIS INTERNASIONAL (STUDI KASUS NINE AM LTD. VS PT. BKPL)
The core issue in the dispute between Nine Am Ltd. and PT BKPL Does not lie solely in the use of the English language in contract, but rather in the court’s predominantly formalistic approach in assessing the substantive legal relationship between the parties. The differing approach taken in comparable cases reveal inconsistencies in the aplication of Articel 31 of Law No. 24/2009, which may give rise to legal uncertainty in the practice of international business contract, particularly where one partu has derived subtanstial benefit from the contract but subsequently challenges its validity. This reseach is a normative legal study employing a descriptive-analytical method, using both comparative law and case-based approaches. The analysis focuses on the Supreme Court’s verdic in the dispute between Nine Am Ltd. and PT BKPL by examining the interaction between national contract law and the UNIDROIT Principles, with the aim of identifying normative gaps and assessing the potential for partial adoption of these principles withs the Indonesia legal system. The study relies on primary, secondary, adn tertiary legal material collected trough library research and analyzed qualitative to eveluate judical reasoning, the subsantive nature of the contractual relatioship, and its implications for legal certainty in international business contracts. The findings indicate that although Article 31 of Law No. 24/2009 constitutes a mandatory rules, it does not expressly stipulate conctractual invalidity as a sanction for non-compliance. Consequently, the use of a foreign language in a contract does not automatically render the contract null and void. From the perspective of the UNIDROIT Principles, the annulment of a contract without due consideration of good faith, consitently of conduct, and the partie’s common intention risk undermining legal certainty. Accordingly, the partial adoption of the UNIDROIT Princples is relevant as a normative framework to complement the interpretation of national contract law and to enchace lega certainty in international business contract.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ADOPSI PARSIAL UNIDROIT DALAM HUKUM KONTRAK BISNIS INTERNASIONAL (STUDI KASUS NINE AM LTD. VS PT. BKPL) (Text)
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