Special Committee for the PIL Draft Bill Refines Evidentiary Parameters for Cross-Border Disputes

The Special Committee (“Pansus”) of the House of Representatives of the Republic of Indonesia (“DPR RI”) continues to refine its deliberations on the Private International Law Draft Bill (“PIL Draft Bill”). The Draft Bill will not only address major business transactions or issues surrounding the interplay of family laws, but also procedural and evidentiary aspects of cross-border disputes that remain inadequately regulated, such as the validity of foreign legal documents and the protection of the legal standing of Indonesian citizens in international disputes.

“We must ensure that Indonesian citizens are not placed at a disadvantage when dealing with cross-border legal matters. Legal certainty must go hand in hand with the protection of the interests of the Indonesian citizens,” said M. Shadiq Pasadigoe, a member of the Special Committee on the PIL Draft Bill, to Hukumonline.

Another technical issue receiving attention under the PIL Draft Bill is the use of foreign legal documents as evidence. Differences in legalization mechanisms between countries that are parties and non-parties to the Apostille Convention, as well as differences in the role and legal status of notarial institutions under civil law and common law systems, may give rise to uncertainty in evidentiary proceedings before the courts. The Bill also addresses the establishment of parameters for choice of law and connecting factors in determining the applicable law.

“The Draft Bill should not be overly rigid, but neither should it create room for uncertainty. Judges need flexibility to consider the particular characteristics of each case, while clear parameters must still be established to ensure that judgments are legally justifiable,” he explained.