Abstract
Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The research method of this writing is normative research to the prevailing regulation and the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. The result of this writing is about to conclude the development of Indonesian PIL and give advises, if any, upon the Bill of Indonesian PIL.
Highlights
It is worth to note that compare to the Private International Law (PIL) of NL, that the scope of applicable law to the goods is to determine whether an object is movable or immovable, what a component of an object is, whether an object is susceptible to transfer of ownership thereof of the creation of a right in respect thereto, which requirements are posed to a transfer or creation, which rights can be attached to an object and what the nature and content of these rights are, and in which way those rights arise, alter, pass and perish and what their mutual relation is
It is advisable if the Academic Bill of Indonesian PIL could determine the scope of the appliance of the applicable law as the PIL of NL does for avoidance of doubt
The personal status in RI is determined by the Principle of Nationality since the promulgation 16AB
Summary
The principles of Private International Law ( referred to as, the “PIL”) of the Republic of Indonesia ( referred to as, the “RI”) are contained in Art. Algemene Bepalingen van Wetgeving voor Nederlands Indië [General Legislative Provisions for the Dutch East Indies], State Gazette 1847 No. ( referred to as, the “AB”). Algemene Bepalingen van Wetgeving voor Nederlands Indië [General Legislative Provisions for the Dutch East Indies], State Gazette 1847 No. ( referred to as, the “AB”). AB regarding the applicable law of personal status states that, “De wettelijke bepalingen betreffende den staat en de bevoegdheid der personen blijven verbindend voor ingezetenen van Nederlands-Indië, wanneer zij zich buiten’s lands bevinden.” [The legal provisions concerning the status and personal authority remain binding for residents of the Dutch East Indies whenever they are abroad.]. The RI’s PIL is developed, as well as it is in the original country, the Netherlands (hereinafter referred to as “NL”). To see whether those principles are developed differently or remain slightly similar is one of the purposes of this writing.
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