Nur Hikmah Armiandi

THE NOTARY’S AUTHORITY IN ENSURING THE VALIDITY OF INTERNASIONAL CONTRACTS WITH A CHOICE OF LAW

Introduction

The notary’s authority in ensuring the validity of internasional contracts with a choice of law. Explore the notary's authority in ensuring the validity of international contracts involving foreign law under Indonesian law, preventing disputes and providing legal certainty.

Abstract

Globalization has increased cross-border business interactions, resulting in international business contracts involving multiple jurisdictions and legal systems. A critical clause in these contracts is the choice of law or the selection of foreign law. This article aims to analyze the authority of notaries in ensuring the validity of international business contracts involving foreign law under Indonesian law. The method used is normative juridical with statutory and conceptual approaches. The study finds that notaries have attributed authority to draft authentic deeds, provide legal counseling, and ensure that contract clauses comply with national legal principles. Notary involvement plays a preventive role in minimizing disputes by aligning contract contents with public policy. Therefore, the notary’s preventive role is essential in ensuring legal certainty for parties engaging in cross-jurisdictional agreements.

Review

The increasing complexities of cross-border business interactions, a hallmark of globalization, make the topic of international contracts and their legal certainty highly pertinent. This article zeroes in on a critical aspect: the role of the notary in validating international contracts, specifically when a choice of foreign law is involved. Focusing on the framework of Indonesian law, the research aims to elucidate the scope of a notary's authority in ensuring the legality and enforceability of such agreements. Employing a normative juridical methodology, with statutory and conceptual approaches, the study seeks to map the legal landscape governing this crucial function. The core findings highlight that Indonesian notaries possess significant attributed authority, encompassing the drafting of authentic deeds, providing indispensable legal counseling, and meticulously ensuring that contractual clauses adhere to national legal principles. Crucially, the article underscores the notary's vital preventive role. By aligning contract content with public policy considerations, their involvement acts as a proactive mechanism to minimize potential disputes and enhance legal predictability. This preventive function is presented as essential for fostering legal certainty for parties navigating the complexities of cross-jurisdictional agreements, thereby mitigating risks inherent in international transactions. While the article effectively outlines the statutory authority and preventive utility of notaries under Indonesian law, it would benefit from further elaboration on the practical challenges encountered by notaries when reconciling chosen foreign law with Indonesian public policy or mandatory rules. A deeper dive into specific instances where a notary's intervention has demonstrably averted disputes, or conversely, faced limitations, could enrich the analysis. Nevertheless, the research provides a valuable foundational understanding of the notary's indispensable role, laying the groundwork for further comparative studies or detailed empirical investigations into the effectiveness of this preventive mechanism in diverse legal systems.

Full Text

Comments

You need to be logged in to post a comment.