PROVISION OF POWER OF ATTORNEYBY FOREIGN CITIZEN NOT DOMICILED IN INDONESIA TO FILE LAWSUITSIN INDONESIAN COURTS OF LAW

Authors

  • Djamal Thalib

Abstract

At the International Conference event of the Association of Civil Law Lecturers in Riau,
Indonesia held from 6 - 8 October 2019 an interesting theme was presented: "The legal
literacy of civil procedural law in indonesian and several other countries in an effort to
improve the professionalism of academics and legal practitioners." It is a fact that the Civil
Procedure Code in Indonesia (in addition to being a legacy from the Netherlands due to three
and a half centuries of colonization) has also been spread to various Courts of Law even
though it has never been changed or amended. Its distribution, in addition to the area of the
General Court (which includes the Commercial Court and Industrial Relations Court) has also
reached the Religious Court. Even though some adjustments have been made through
technical regulations issued by the Supreme Court as the highest judicial institution in the
hierarchy, apparently these measures have not provided guarantees for a problem-free process
or state of affairs.One of the technical issues used as the basis for writing this academic paper
concerns the procedure for granting power of attorney by foreign nationals (who are not
domiciled in Indonesia and do not master the national language, Bahasa Indonesia) that will
be used to face court cases in Indonesia, while as a matter of fact Indonesia has a Civil
Procedure Code, a Law concerning the National Flag, the National Language, and National
Emblems, a National Anthem, a Supreme Court Circular as well as a Memorandum of
Understanding between the Republic of Indonesia’s Ministry of Foreign Affairs and the
Supreme Court concerning Handling Requests for Technical Legal Assistance in Civil
Matters

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Published

2020-12-26

How to Cite

Djamal Thalib. (2020). PROVISION OF POWER OF ATTORNEYBY FOREIGN CITIZEN NOT DOMICILED IN INDONESIA TO FILE LAWSUITSIN INDONESIAN COURTS OF LAW. PalArch’s Journal of Archaeology of Egypt / Egyptology, 17(10), 305-319. Retrieved from https://archives.palarch.nl/index.php/jae/article/view/4342