IMPLEMENTATION CHOICE OF LAW PRINCIPLES IN INTERNATIONAL TRADE CONTRACTS CONNECTED WITH PUBLIC ORDER IN INDONESIA by Fauzie Yusuf Hasibuan , Scientific Research Journal (Scirj), Volume V, Issue VI, June 2017 Edition

Scirj Volume V, Issue VI, June 2017 Edition
ISSN: 2201-2796

IMPLEMENTATION CHOICE OF LAW PRINCIPLES IN INTERNATIONAL TRADE CONTRACTS CONNECTED WITH PUBLIC ORDER IN INDONESIA

Fauzie Yusuf Hasibuan

Abstract: Indonesian treaty law gives to parties who will enter into agreements of all terms and conditions applicable to the parties, with all breadth and freedom. This is called as the principle of freedom of the parties. The restriction that applies to the parties is simply not to violate the principles of public order. As a member of the World Trade Organization (WTO), Indonesia is obliged to take an active role in realizing a fair and mutually beneficial world trade order. One of the efforts to realize the world trade order is done by stipulating the requirements and procedures for the imposition of Antidumping Import Duty, Import Duty and Import Duty of Safeguard Measures and its handling, and enforcement of several principles in international trade system. This paper, using the available references advanced in the literature, aims briefly to discuss the implementation choice of law principles in the formation of international contracts associated with public order. This study suggests the following notes. The first is to limit the application of foreign law in certain respects. The second is to deter freedom of autonomy rights of the parties in determining the enactment of the law in their contracts. The third is to restrict the entry into force of foreign legal stelsel which is inconsistent with the legal styles of the judge adjudicating the parties' disputes. The fourth is to protection the use of the autonomy of the parties' right to an extremely large choice of law. Thus, many improvements need to be done to make the formation of international contracts in a better shape.

Reference this Paper: IMPLEMENTATION CHOICE OF LAW PRINCIPLES IN INTERNATIONAL TRADE CONTRACTS CONNECTED WITH PUBLIC ORDER IN INDONESIA by Fauzie Yusuf Hasibuan published at: "Scientific Research Journal (Scirj), Volume V, Issue VI, June 2017 Edition, Page 86-94 ".

Search Terms: WTO, International trade contract, Choice of law, Public order

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