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ANALISIS YURIDIS KLAUSULA PILIHAN HUKUM DAN PILIHAN FORUM DALAM KONTRAK INTERNASIONAL

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Penilaian

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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

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Availability

Inventory Code	Barcode	Call Number	Location	Status
2207000767	T68225	T682252022	Central Library (Referens)	Available but not for loan - Not for Loan

Detail Information

Series Title

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Call Number

T682252022

Publisher

Inderalaya : Prodi Ilmu Hukum, Fakultas Hukum Universitas Sriwijaya., 2022

Collation

xiv, 101 hlm.; ilus.; 29 cm

Language

Indonesia

ISBN/ISSN

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Classification

341.707

Content Type

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Media Type

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Carrier Type

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Edition

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Subject(s)

Kerjasama internasional
Prodi Ilmu Hukum

Specific Detail Info

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Statement of Responsibility

SEPTA

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