dc.description.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. | en_US |