UPDATE: DRAFT IMPLEMENTING REGULATIONS OF INDONESIA PERSONAL DATA PROTECTION LAW
Indonesian qualified lawyer
Fiesta Victoria
Fiesta Victoria is an Indonesian qualified lawyer with over 16 years of experience in M&A and general corporate. She graduated from the University of Pelita Harapan in 2006 and started her career as a lawyer in the same year at one of the largest and oldest law firms in Indonesia. She joined ZeLo in 2019 with the primary role of establishing and developing ZeLo’s Indonesian practice group. She won the title of "Business Development Lawyer of the Year" at the ALB Women in Law Awards 2021. Additionally, she was nominated as one of the top 5 finalists for "Foreign Lawyer of the Year" at the ALB Japan Law Awards 2023, following a nomination in the same category at the ALB Japan Law Awards 2022.
In December 2023, Circular No. 3 of 2023 was enacted by the Supreme Court of the Republic of Indonesia, regarding the Implementation of the Formulation of the Results of the 2023 Supreme Court Plenary Meeting as Guidelines for the Implementation of Duties for Courts ("SEMA No. 3/2023")[1]. SEMA No. 3/2023 is directed towards all heads of first instance courts and courts of appeal, providing guidelines for judges across Indonesia to ensure uniformity in the application of the law and consistency in court decisions. This article presents one of the key points and commentary on SEMA No. 3/2023.
One of the key points outlined in SEMA No. 3/2023 is the Indonesian language requirement, stipulating that judges cannot base annulments solely on the absence of the Indonesian language in agreements involving both foreign and Indonesian parties, unless it can be proven that the absence of an Indonesian language version was due to bad faith by one of the parties. However, this paragraph essentially contradicts its own ruling in 2015 (please refer to this article: “INDONESIAN LANGUAGE CONTRACT OBLIGATION UNDER LANGUAGE LAW” https://zelojapan.com/lawsquare/26498).
Based on the foregoing, it is advisable for parties entering into contracts with Indonesian counterparts to still ensure the signing of an Indonesian version in compliance with the requirements of the Indonesian Language Law.
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The information provided in this Alert does not, and is not intended to, constitute legal advice and is for general informational purposes only. Readers of this article should contact an attorney to obtain advice with respect to any particular legal matter.