ANALISIS YURIDIS KLAUSULA PILIHAN HUKUM DAN PILIHAN FORUM DALAM KONTRAK INTERNASIONAL

FRANSLIA, CHYNTIA and Utama, Meria and Idris, Akhmad (2022) ANALISIS YURIDIS KLAUSULA PILIHAN HUKUM DAN PILIHAN FORUM DALAM KONTRAK INTERNASIONAL. Undergraduate thesis, Sriwijaya University.

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Abstract

International contracts contain a choice of law clause and a forum choice clause. These two clauses are not required to be included and are only the freedom of the parties to the contract, but it should be noted that these two clauses are very important in a contract because they relate to which law applies in the contract and which dispute resolution forum is authorized to adjudicate in the event of a dispute. The two clauses are important because if they are not included, it is feared that it can trigger legal uncertainty for the parties to the contract. Choice of law and choice of forum is still a problem that often arises in contract transactions, because the freedom of the parties is not absolute, because it is limited by law and public order in the country concerned. This research is normative by conducting a literature study and aims to analyze juridically related to the choice of law clause and the choice of forum in international contracts. The results of the study show that the freedom of the parties in determining these clauses is certainly limited by the rules of law and public order. Responding to the existence or absence of choice of law clauses and choice of forums, several legal regulations have been issued from international institutions regarding the use of these clauses, and also if it is considered that the attitude of the Indonesian courts in deciding disputes regarding these clauses is still inconsistent and often equates between choice of law. and choice of forums. In connection with the making of the two clauses in the contract, it is necessary to pay close attention to the relationship of the contract to the law and the forum to be chosen and to ensure that the choice is beneficial for both parties

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	kontrak internasional, pilihan hukum, pilihan forum, kebebasan para pihak
Subjects:	K Law > K Law (General) > K600-615 Private law K Law > K Law (General) > K7060-7081 Choice of law K Law > K Law (General) > K7265-7305 Contracts
Divisions:	02-Faculty of Law > 74201-Law (S1)
Depositing User:	Chyntia Franslia
Date Deposited:	04 Apr 2022 05:20
Last Modified:	04 Apr 2022 05:20
URI:	http://repository.unsri.ac.id/id/eprint/68225

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