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Indonesian Private International Law:the Development After More Than a Century


Tiurma M. P. Allagan
2017  •  DOI: 10.17304/ijil.vol14.3.700

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.

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