The Use of Indonesian in International Contracts: Sadd Dzariah's Perspective

Abstract

Based on Law 24/2009, international contracts made in Indonesia must use Indonesian. What about contracts made with foreign parties without using Indonesian, are they null and void or have binding force? This research is normative research using the statutory regulations approach, the judge's decision approach, and the Sadd Dzariah approach. The research results show that there are differences in decisions made by judges regarding the obligation to use Indonesian in international contracts, causing this obligation to be biased. In Sadd Dzariah's approach, the use of Indonesian in contracts made with foreign parties is mandatory, in line with the regulation in Law 24/2009. This aims to avoid bad faith which could result in default or unlawful actions.