The Choice of Law and Choice of Forum in Private International Law in Indonesia

Abstract

International relation in economy have been modern reality, where this reality have begun to arrive in the world since years before the arrive of the modern world. The silk route that span from China to Europe have bring forth the international relation. This connection also leave legacy, among them is the name of tea in various nation that is touch by the silk route. To the nation of that majority been touch to the land route of the silk rout the name of the tea, is largely pronounce the same as the original name in China, which is cha. On the hand for the nation that receive their goods over the sea of silk road, mainly pronounce it as the or its variation, in this case the English language pronounce it as tea. This lasting international relation, also leave its legacy in the Indonesia, where it was operational area of Dutch East India Company, mainly known as VOC, then after the company cease to exist, it become part of Netherlands East Indies. The legacy largely, is set the norm through continental, of which the civil law is being regulate by civil code. The need of party then, where in international party, will become subject to various legal jurisdiction,need to be made clear in the area of dispute settlement. The clear clause in the dispute settlement will enable party to focus on the dispute and possibilities to found solution, rather than to focus of type of dispute and the law. One of the tools made available of this, is the selection of the forum and law, regarding the dispute. Indonesia as strive to be friendly to the international relation, have not turn blind eye to the need to have clear dispute settlement for party.

Keywords: party autonomy, effective dispute settlement, freedom of contract, foreign law

DOI: 10.7176/JLPG/151-04

Publication date: March 28^th 2026