Validity of Agreements Using Foreign Languages in the Legal System in Indonesia

Pandiangan, L.Elly AM and Astuti, Nanin Koeswidi and Sirait, Cristoper (2021) Validity of Agreements Using Foreign Languages in the Legal System in Indonesia. ICLHR. pp. 14-15.

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Abstract

The agreement in civil law is a very important aspect and almost every part of the civility knows the terms of the agreement, but problems arise in the application of this agreement, one of which is about the choice of the language of an agreement that is when the agreement is held by a foreign party with the Indonesian side. The problem formulation in this study is the extent of the application of the principle of freedom of contract in the use of language in treaties according to the legal system in Indonesia and how the validity of foreign language agreements is reviewed from the Decree no. 451/Pdt.G/2012/PN.Jkt.Bar.In this paper, the author uses normative legal research method, where the author conducts data collection through library research based on data relevant to the subject matter to be discussed. Studies, libraries that will be done by reading, analyzing the materials-literature materials. Based on the analysis conducted by the author, in the language selection of a basic agreement on freedom of contract does not apply due to the obligation to use the Indonesian language in making an agreement as stipulated in Article 31 of Law No. 24 of 2009. and the validity of the agreement using foreign languages is reviewed from The Decree No. 451/Pdt.G/2012/PN. Jkt.Bar. if the agreement is not accompanied by Indonesian language, then the agreement is null and void. until the verdict in this case invalidates the principal agreement and its follow-up agreement. Keywords: Agreement; Foreign Language; language

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