2013-SEKARANG
tracking system.
system.
Wamenkeu II.
of Finance II.
Elka Pangestu.
Keharusan Menggunakan
Bahasa Indonesia dalam Kontrak
MANDATORY USE OF THE INDONESIAN LANGUAGE
(BAHASA INDONESIA) IN CONTRACTS
28
he Indonesian
Government issued
Law No. 24 of 2009
concerning the
National Flag and Language,
State Symbols and the National
Anthem (Undang-Undang
Bendera, Bahasa, dan Lambang
Negara, serta Lagu Kebangsaan)
on 9 July 2009 (the Law), in
Meidini Mularia Hutagalung
which Article 31 stipulates that
the Indonesian language must be
used in any memorandums of understanding or contracts
involving state institutions, government agencies of the
Republic of Indonesia, Indonesian private institutions, or
individual Indonesian citizens. The Law further provides
that if any such contracts involve non-Indonesian parties,
the contracts may also be written in the national language
of the non-Indonesian party and/or in the English language,
and that all of such texts are equally authentic. The
Law does not, however, stipulate any sanctions for any
violations of such provision.
Since its enactment, Article 31 has changed the way
Indonesian transactions are documented.
Good to have
Prior to the ruling of the West Jakarta District Court in
June 2013 (please see explanation below), views on the
requirements to use the Indonesian language varies.
As accurate legal translation is always a very difficult
task and the process would add to transaction costs,
many would argue that it is good to have an Indonesian
language translation, but it is deemed as merely a
supplementary formal requirement, of which the failure to
meet such a requirement should not affect the validity of
the contract.
29
30
Hiswara Bunjamin & Tandjung (HBT) is one of the top commercial and corporate law firms in
Merger and
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Chambers Asia Pacific Awards 2012. We provide high quality, innovative legal services to an
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providing legal services in the following areas:Partner
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Bun
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David Dawbo
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hb
Hiswara Bunjamin &btlaw.com
Tandjung
Gedung BRI II, 23rd Floor
Jl. Jend. Sudirman Kav. 44 - 46
Jakarta
Indonesia
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Foreign10210,
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