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Pendekatan hukum perdata internasional terhadap pengakuan dan pelaksanaan putusan hukum dan hak asing di Indonesia

As a developing country, it is almost inevitable for Indonesia to participate actively in the process of globalization and de-borderization in much aspect. Many transnational or cross-border relations have been built, both in civil and commercial matters. These matters feel more significant in economic and international trade platform, especially in era of free trade like these days. As regard to it, it will raise many private international disputes between parties. One of them problem which will arise from that dispute, is about the recognition and enforcement of foreign legal judgment and foreign created rights from the dispute judgment, especially related to foreign court judgment. Unfortunately, there is lack of legal resource in Indonesia that governs this matter. There is just one rule that govern this matter e.g Article 436 Reglement op de Rechtsvordering created by Dutch government during the colonial era in Indonesia. The only development made thus far is through the enactment of 2006 Law No. 23 on Population Administration, which contain rules that govern recognition and enforcement of some foreign legal judgment and foreign created rights. Other than ruled by those laws, there is no foreign legal judgment and foreign created rights can be recognizes and enforce in Indonesia. With the development that Indonesia have been through now, the rule for recognition and enforcement of foreign legal judgment and foreign created rights is an important part in Indonesia's international relation and/or cross-border transaction. The lack of law regulating these issues may have disadvantageous impact on Indonesia's role and position in the International community.

Ketersediaan

Informasi Detail

Judul Seri

No. Panggil

SKP-FH TJE p/10

Penerbit

Bandung : Program Studi Ilmu Hukum Fakultas Hukum - UNPAR., 2010

Deskripsi Fisik

xi, 143 p. : il. ; 30 cm

Bahasa

Indonesia

ISBN/ISSN

-

Klasifikasi

SKP-FH

Tipe Isi

-

Tipe Media

-

Tipe Pembawa

-

Edisi

-

Subjek

-

Info Detail Spesifik

2312 - FH

Pernyataan Tanggungjawab

Handika Tjen

Versi lain/terkait

Lampiran Berkas

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