Palangka Law Review
Vol. 4 No. 1 (2024): VOLUME 4, ISSUE 1, MARET 2024

Penegakan dan Kewajiban Penerapan Hukum Asing dalam Peradilan Indonesia: Suatu Tinjauan Yuridis

Megi Mardian Megi (Universitas Lancang Kuning)



Article Info

Publish Date
30 Mar 2024

Abstract

This article discusses the legal use of foreign law by Indonesian courts based on Indonesian International Private Law (HPI). This review is based on various HPI-related laws and regulations, court decisions, and HPI textbooks. The survey results show that there are often judges who do not follow the principle of ius curia novit in using foreign law; considering external factors of Indonesian law and cases, even though the HPI provisions refer to foreign law. Therefore, the Indonesian HPI Law must be promulgated immediately so that Indonesian courts have no reason to ignore the use of foreign law. In addition, it is necessary to build a system that helps judges and courts access foreign country laws and regulations quickly and accurately. International cooperation between the Supreme Court of the Republic of Indonesia (MARI) and the Supreme Court or courts of other countries must also be considered in the exchange of foreign legal information.

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Journal Info

Abbrev

JIH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Palangka Law Review, publishes articles in the form of conceptual ideas and research reports in the fields of Law, with focus and scope: Criminal Law Civil Law Constitutional and administrative law International Law Islamic Law Customary Law Natural resource Law Environment Law Human Rights ...