PFII Court Proposed to Adopt a Jury Mechanism

Professor of Economic Law at the Universitas Jember, Prof. Ermanto Fahamsyah, has proposed that the Indonesian International Financial Center (“PFII”) Court adopt a jury trial mechanism similar to that applied in common law systems. According to him, transactions conducted through PFII will involve more complex and cross-disciplinary legal issues. Such issues cannot be adequately addressed solely through the existing procedural law framework.

Therefore, the judicial system of PFII should adopt a specialized court approach in order to attract investors, both domestic and global. “The mindset should be that of a specialized court, and in the future, the judges should not merely act as judges as they do in ordinary court proceedings, but rather adopt the mindset of jurors,” he stated to Hukumonline.

Ermanto explained that the adoption of a jury system for the PFII Court, as he proposed, would involve multiple parties. This means that the disputing parties would have a role in selecting and agreeing upon the jurors who would adjudicate their dispute. According to him, this concept is similar to arbitration. “For example, there could be a minimum of three jurors, one from the judiciary, while the other two would represent the respective parties. In my view, that would be more manageable,” he said.

Furthermore, Ermanto stated that the parties could also appoint jurors from overseas. He expressed optimism that this concept could enhance investor confidence, as dispute resolution would be more independent, transparent, and would actively involve the parties.