Indonesian Private International Law provides an in-depth exploration of a complex legal field that governs private international legal relations in the Indonesian context and is authored by Afifah Kusmadara, a leading specialist, and her team of contributors from the Faculty of Law, Brawijaya University in Indonesia. She focuses on presenting basic aspects of private international law (PIL), including jurisdiction (Chapter 2), applicable law (Chapter 3), recognition of foreign judgments (Chapter 4), and arbitration (Chapter 5). This breadth ensures that readers understand the subject comprehensively and that legal practitioners can refer to the book as a practical resource.
The final chapter, Chapter 6, emphasizes the positive aspects of Indonesia's engagement with international organizations related to PIL, including agencies such as the Hague Conference on Private International Law (HCCH), the International Institute for the Unification of Private Law (UNIDROIT), and the United Nations Commission on International Trade Law (UNCITRAL). Although Indonesia's direct participation remains somewhat limited, the author expresses optimism about the advantages that come from promoting international cooperation, thereby indirectly contributing to the development of PIL, and highlights the basic principles that Indonesia should consider amending, including concepts such as forum non conveniens, lis alibi pendens, anti-suit injunctions, choice of court, and interim measures.
The book also delves into the unique influence of Sharia law on Indonesian PIL. Deliberating on this unique feature of Indonesia has a predictive value for foreign countries entering into legal relations within Indonesian jurisdiction. Balancing theoretical and practical perspectives with case law, the author highlights emerging globalization issues to help readers understand the legal principles under discussion.
However, complex legal concepts are sometimes introduced suddenly, requiring a certain level of specialized knowledge in the field of PIL. The book, therefore, could benefit from a gradual introduction of concepts, along with practical examples, to enhance comprehension. While the author details Indonesian PIL, a more robust comparative analysis of international practice might have provided a richer context. Such a comparative approach would shed light on the uniqueness of Indonesia's regulations, promoting a deeper appreciation of the country's legal framework in the global setting. Another limitation is the lack of critical commentary on the effectiveness and application of Indonesian PIL in actual cases.
This work is a commendable attempt to demystify the complexity of a specialized legal field, and its comprehensive scope and theoretical depth provide a solid foundation for understanding Indonesian PIL. Nevertheless, while the book would benefit from improvements in accessibility, practical application, comparative analysis, and universality, it is a must-have publication for PIL academics and practitioners and an especially valuable reference for other countries in the ASEAN region.
Competing interest
The author declares none.
