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Law of Indonesia is based on a civil law system, intermixed with local customary law and Dutch law.Before European presence and colonization began in the sixteenth century, indigenous kingdoms ruled the archipelago independently with their own custom laws, known as adat (unwritten, traditional rules still observed in the Indonesian society). [1]
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Adat Perpatih (also known as Lareh Bodi Caniago in Indonesia) are customary laws which originated in the Minangkabau Highlands in Sumatra, Indonesia. It was founded by a Minangkabau leader named Sutan Balun, more famously known as Dato Perpatih Nan Sebatang.
How choice of law clauses are interpreted may vary by forum. In Delaware, a standard choice of law clause can cover liability arising in either tort or contract in order to avoid uncertainty. [ 19 ] [ 20 ] In New York, the express language of the provision must be “sufficiently broad” as to encompass the entire relationship between the ...
Indonesian adat law are mainly divided into 19 circles, namely Aceh, Gayo, Alas, and Batak, Minangkabau, South Sumatra, the Malay regions, Bangka and Belitung, Kalimantan, Minahasa, Gorontalo, Toraja, South Sulawesi, Ternate, the Molluccas, Papua, Timor, Bali and Lombok, Central and East Java including the island of Madura, Sunda, and the ...
When a case has connection to more than just a single state, the forum state's choice of law principles generally guide the selection of what place's law will apply. Parties to a contract may seek to prevent forum shopping by inserting a forum selection clause or a choice of law clause in their contract. Such clauses are now generally enforced ...
Adat muhakamah (عادت محكمة) – the term refers to traditional laws, commandments, and orders compiled into legal codes by rulers to maintain social order and harmony. The adat laws, often blended together with Islamic laws, were the main written legal reference for Malay societies since the classical era and commonly referred to as kanun.
This articles also says that in absence of an explicit choice of law, a protected consumer contract is governed by the law of the consumer's habitual residence. In Art. 6 (II) the involved parties are given the possibility of a free choice of law. But the choice of law is legally void, if the consumer protection is limited by this choice. [2]