KEABSAHAN KONTRAK BISNIS INTERNASIONAL BERBAHASA ASING DI INDONESIA DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 1572 K/PDT/2015

Abstract

Based-on pacta sunt servanda principle, international business contract stands as private rule of law, which regulate the covenant between interstates parties. By choice of law principle as in international private law, international business contract regulated by national law of parties' choice significantly. Applied inside Indonesia national law, there is a rule of law, that is UndangUndang Nomor 24 Tahun 2009 tentang Bendera, Bahasa, Dan Lambang Negara, Serta Lagu Kebangsaan. One of its rule obligate the usage of Indonesian for the agreement, which implicates Indonesia citizen. The problem occurs, in the event, Indonesia citizen was agreed as a party of international business contract, be avowed in foreign language. A legal dispute was occurred, inflicted by international business contract, which was avowed in foreign language as a loan agreement, between Nine Am, LTD. of the United States of America and PT. Bangun Karya Pratama Lestari of Republic of Indonesia. As agreed in the loan agreement, PT. Bangun Karya Pratama Lestari has benefited a loan by Nine Am, LTD. However, PT. Bangun Karya Pratama Lestari sued in Pengadilan Negeri Jakarta Barat to cancel the loan agreement. Pengadilan Negeri Jakarta Barat court decision won PT. Bangun Karya Pratama Lestari and declared that, loan agreement between Nine Am, LTD. and PT. Bangun Karya Pratama Lestari was null and void, because the loan agreement was written in English. Nine Am, LTD. appealed in Pengadilan Tinggi DKI Jakarta, that empowered Pengadilan Negeri Jakarta Barat court decision. At last, Nine Am, LTD. appealed in Mahkamah Agung as supreme court. However, Mahkamah Agung by Putusan Mahkamah Agung (Supreme Court Decision) Nomor 1572 K/Pdt/2015 denied Nine Am, LTD. appealing and decided, that lower courts decision was true in law and fair in justice.