indonesia’s status of ratification of cisg hikmahanto juwana professor of law university of...
TRANSCRIPT
Indonesia’s Status of
Ratification of CISG
Hikmahanto JuwanaProfessor of Law
University of Indonesia
The Current Status• Indonesia will ratify the CISG• Currently an academic paper has been prepared• As for the legislation:
o The document for ratification is not complicated as it only contains 2 articles
o The most important is to transform the norms of CISG into national legislations
• There is no certain date for ratifying the CISG
Rationale behind Indonesia’s Accession• Indonesia felt that globalization has forced
Indonesia to accede to CISG• Under the Asean Economic Society there is
requirement for Indonesia to accede to CISG
Complexities• The complexities post-accession for Indonesia
o Whether the provisions of Book III of Indonesian Civil Code needs to be overhauled so to accord with CISG
o If Book III is revised whether it will also apply to transactions which do not have international character
o Alternatively, the norms under the CISG will be transformed in a separate and specific legislation
o Which alternative has not been decided by the Government
Challenges• Post-accession, whether Indonesia will swiftly
tranformed the CISG obligations to national legislations since the process of transformation took a long time
• If transformation is undertaken, judges will not to be educated so to understand the intricacies of the CISG
Thank You